reglab/statecodes huggingface dataset:
2023 District of Columbia Code › Title 25 - Alcoholic Beverages. [Enacted title] › Chapter 2 - Alcoholic Beverage and Cannabis Administration › § 25–208. Office of the General Counsel

§ 25–208. Office of the General Counsel.
There shall be established within ABCA an Office of the General Counsel. The head of the office shall be the General Counsel, who shall be an attorney admitted to the practice of law in the District and who shall be appointed by, and serve at the pleasure of, the Mayor. The General Counsel shall advise the Board regarding all legal matters. The Office of the General Counsel shall also be available to provide mediation services or a professional mediator, as a delegate, if the parties to a settlement conference require or request assistance.
(Jan. 24, 1934, 48 Stat. 321, ch. 4, § 4; Apr. 20, 1948, 62 Stat. 176, ch. 217, § 2; Oct. 28, 1949, 63 Stat. 972, ch. 782, title XI, § 1106(a); Mar. 3, 1979, D.C. Law 2-139, § 3205(h), 25 DCR 5740; Sept. 29, 1982, D.C. Law 4-157, § 15, 29 DCR 3617; Mar. 8, 1984, D.C. Law 5-51, § 2(b)(1), 30 DCR 5927; Sept. 26, 1984, D.C. Law 5-119, § 2, 31 DCR 4040; Mar. 14, 1985, D.C. Law 5-159, § 25(a), 32 DCR 30; May 24, 1994, D.C. Law 10-122, § 2(b), 41 DCR 1658; May 3, 2001, D.C. Law 13-298, § 101, 48 DCR 2959; Mar. 22, 2023, D.C. Law 24-332, § 5, 70 DCR 1582.)
Prior Codifications
1981 Ed., § 25-206.
1973 Ed., § 25-104.
Delegation of Authority
Delegation of Authority Pursuant to D.C. Law 13-298, the Title 25, D.C. Code Enactment and Related Amendments Act of 2001, see Mayor’s Order 2001-96, June 28, 2001 ( 48 DCR 6277).
Partial Rescission of Delegation of Authority Pursuant to D.C. Law 13-298, the Title 25, DC Code Enactment and Related Amendments Act of 2001, see Mayor’s Order 2001-102, July 23, 2001 ( 48 DCR 7792).
2023 District of Columbia Code › Title 25 - Alcoholic Beverages. [Enacted title] › Chapter 2 - Alcoholic Beverage and Cannabis Administration › § 25–209. Community resource officer

§ 25–209. Community resource officer.
The Director shall appoint an employee to be a community resource officer, who shall serve as the primary contact for members of the community, both residents and businesses, wishing to submit complaints or to protest a license. The community resource officer shall provide information to citizens and the business community about the license application process, qualifications, complaint or protest process, and the citizen’s or businesses’ responsibilities and options in each step of the process.
(May 3, 2001, D.C. Law 13-298, § 101, 48 DCR 2959; Mar. 22, 2023, D.C. Law 24-332, § 5, 70 DCR 1582.)
2023 District of Columbia Code › Title 25 - Alcoholic Beverages. [Enacted title] › Chapter 2 - Alcoholic Beverage and Cannabis Administration › § 25–212. New licensee and general public orientation class

§ 25–212. New licensee and general public orientation class.
ABCA shall establish a new licensee orientation class that shall be available to licensees and the public at no charge. The class curriculum shall include the following:
(1) A review of relevant provisions contained in both this title and Title 23 of the District of Columbia Municipal Regulations;
(2) Noise abatement and sound management; and
(3) How to work proactively with Advisory Neighborhood Commissions, neighborhood and business groups, and residents.
(May 1, 2013, D.C. Law 19-310, § 2(h), 60 DCR 3410; Mar. 22, 2023, D.C. Law 24-332, § 5, 70 DCR 1582.)
Emergency Legislation
For temporary (90 days) addition of this section, see § 2(h) 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).
2023 District of Columbia Code › Title 25 - Alcoholic Beverages. [Enacted title] › Chapter 3 - Requirements To Qualify For License › Subchapter I - Applicant Qualifications › § 25–302. Special qualifications for wholesaler’s or retailer’s licenses

§ 25–302. Special qualifications for wholesaler’s or retailer’s licenses.
In the case of an application for a wholesaler’s license or for a retailer’s license of any class, except a temporary license, before issuing, transferring to a new owner, or renewing a license, the Board shall further determine that:
(1) No manufacturer, wholesaler, or shareholder holding 25% or more of the common stock of, or equity interest in, a manufacturer or wholesaler, or officer of a manufacturer or wholesaler corporation, or partner or member of a partnership or limited liability company owning 25% or more of its equity interest, has such a substantial interest, direct or indirect, in the applicant’s business or establishment that the applicant would be influenced to purchase alcoholic beverages from the manufacturer or wholesaler; and
(2) The business for which the license is sought has not been, and will not be, conducted with money, equipment, furniture, fixtures, or property (A) rented from, (B) loaned from, (C) given by, or (D) sold for less than fair market value, upon a conditional sale agreement, or a chattel trust from, a manufacturer, wholesaler, shareholder holding 25% or more of the common stock of, or equity interest in, a manufacturer or wholesaler, or officer of a manufacturer or wholesaler corporation, or partner or member of a partnership or limited liability company owning 25% or more of its equity interest.
(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; Mar. 22, 2023, D.C. Law 24-332, § 5, 70 DCR 1582.)
Prior Codifications
1981 Ed., § 25-302.
1973 Ed., § 25-115.
2023 District of Columbia Code › Title 25 - Alcoholic Beverages. [Enacted title] › Chapter 3 - Requirements To Qualify For License › Subchapter II - Qualification of Establishment › § 25–311. General provisions — Qualification of establishment

§ 25–311. General provisions — Qualification of establishment.
(a) Unless expressly stated otherwise in this chapter, the applicant shall bear the burden of proving to the satisfaction of the Board that the establishment for which the license is sought is appropriate for the locality, section, or portion of the District where it is to be located; provided, that if proper notice has been given under subchapter II of Chapter 4, and no objection to the appropriateness of the establishment is filed with the Board, the establishment shall be presumed to be appropriate for the locality, section, or portion of the District where it is located.
(b) Before evaluating the appropriateness of the establishment for which the license is sought, the Board shall ensure that the applicant has complied fully with the notification requirements set forth in § 25-422 [repealed].
(c) No license, except a solicitor’s license, shall be issued to an applicant unless the applicant has a valid certificate of occupancy for the premises in which the establishment is located and has all other licenses and permits required by law or regulation for its business.
(d) If a temporary license is sought for an outdoor event or a private residential home used for non-commercial purposes, the applicant shall not be required to provide a valid certificate of occupancy.
(e) The definition of full-service grocery store as set forth in [§ 25-101(22A)] shall apply to license applications being considered by the Board for approval that were submitted on or after January 14, 2013.
(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(j), 51 DCR 6525; Apr. 7, 2017, D.C. Law 21-260, § 2(c)(2), 64 DCR 2079; Mar. 22, 2023, D.C. Law 24-332, § 5, 70 DCR 1582.)
Prior Codifications
1981 Ed., § 25-311.
1973 Ed., § 25-115.
Section References
This section is referenced in § 25-361.
Effect of Amendments
D.C. Law 15-187, in subsec. (c), deleted “or a temporary license” following “solicitor’s license”; and added subsec. (d).
2023 District of Columbia Code › Title 25 - Alcoholic Beverages. [Enacted title] › Chapter 3 - Requirements To Qualify For License › Subchapter II - Qualification of Establishment › § 25–312. Defining size of area relevant to determination of appropriateness

§ 25–312. Defining size of area relevant to determination of appropriateness.
(a) The Board shall determine, on a case-by-case basis, whether the locality, section, or portion proposed by the applicant is a competent measure for determining the appropriateness of the establishment and, if not, shall identify the proper boundaries of the locality, section, or portion for evaluating the application. In making this determination, the Board shall consider the overall characteristics of the area, including population, density, and general commercial and residential activities.
(b) In establishing any geographic boundaries required by this title, the Board shall measure the specified distance in an arc from each corner of the lot or parcel on which the establishment is located, connecting the arcs by tangent lines.
(c) If the Board is required to state the distance between one or more places, (such as the actual distance of one licensed establishment from another or the actual distance of a licensed establishment from a school), the distance shall be measured linearly and shall be the shortest distance between the property lines of the places.
(d) If a boundary line measured by the Board touches upon any portion of a parcel or lot, the parcel or lot shall be within the area being identified by the Board.
(e) In submitting evidence of appropriateness, the applicant shall propose the boundaries of the locality, section, or portion to be considered.
(f) Any person may submit written objections to the boundaries proposed by the applicant or a written proposal listing alternative boundaries for consideration by the Board.
(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; Mar. 22, 2023, D.C. Law 24-332, § 5, 70 DCR 1582.)
Prior Codifications
1981 Ed., § 25-312.
1973 Ed., § 25-115.
2023 District of Columbia Code › Title 25 - Alcoholic Beverages. [Enacted title] › Chapter 3 - Requirements To Qualify For License › Subchapter II - Qualification of Establishment › § 25–315. Additional considerations for renewal of licenses

§ 25–315. Additional considerations for renewal of licenses.
(a) If proper notice has been given, as provided in subchapter II of Chapter 4, and no objection to the appropriateness of the establishment is filed, the establishment shall be presumed to be appropriate for the locality, section, or portion of the District where it is located.
(b)(1) The Board shall consider the licensee’s record of compliance with this title and the regulations promulgated under this title and any conditions placed on the license during the period of licensure, including the terms of a settlement agreement.
(2) The Board shall prepare a check sheet documenting the licensee’s compliance. This check sheet shall be available to the public for review.
(c) If an application for license renewal is made the subject of contested proceedings and the license expires before the Board’s decision on the renewal application, the Board may extend the expiration date during the pendency of the decision on the renewal application.
(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; May 1, 2013, D.C. Law 19-310, § 2(j), 60 DCR 3410; Mar. 22, 2023, D.C. Law 24-332, § 5, 70 DCR 1582.)
Prior Codifications
1981 Ed., § 25-315.
1973 Ed., § 25-115.
Section References
This section is referenced in § 25-313, § 25-316, and § 25-433.
Effect of Amendments
The 2013 amendment by D.C. Law 19-310 substituted “settlement agreement” for “voluntary agreement” in (b)(1).
Emergency Legislation
For temporary amendment of (b)(1), see § 2(j) 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(j) 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).
2023 District of Columbia Code › Title 25 - Alcoholic Beverages. [Enacted title] › Chapter 3 - Requirements To Qualify For License › Subchapter II - Qualification of Establishment › § 25–316. Additional considerations for transfer of licensed establishment to new owner

§ 25–316. Additional considerations for transfer of licensed establishment to new owner.
(a) In determining the appropriateness of the transfer of a licensed establishment to a new owner, the Board shall consider only the applicant’s qualifications as set forth in § 25-301.
(b) The Board shall not allow the transfer of the license of an establishment to a person against whom there is pending in the courts or before the Board a charge of keeping a disorderly house or of violating this title or the laws against gambling in the District.
(c) When the transferred license comes due for renewal, the Board shall evaluate the appropriateness of the application for renewal according to the standards set forth in §§ 25-313 and 25-315.
(d) If the transfer of ownership, as defined in § 25-405, includes a proposed substantial change in the operation of the establishment, the Board shall evaluate this transfer of ownership in accordance with § 25-404.
(Jan. 24, 1934, 48 Stat. 330, ch. 4, § 16; May 27, 1949, 63 Stat. 135, ch. 146, title V, § 503; Mar. 5, 1981, D.C. Law 3-157, § 2(d), 27 DCR 5117; May 3, 2001, D.C. Law 13-298, § 101, 48 DCR 2959; Mar. 22, 2023, D.C. Law 24-332, § 5, 70 DCR 1582.)
Prior Codifications
1981 Ed., § 25-316.
1973 Ed., § 25-117.
2023 District of Columbia Code › Title 25 - Alcoholic Beverages. [Enacted title] › Chapter 3 - Requirements To Qualify For License › Subchapter II - Qualification of Establishment › § 25–317. Transfer of licensed establishment to new location

§ 25–317. Transfer of licensed establishment to new location.
(a) The Board shall consider an application to transfer a license to a new location according to the same standards and procedures as an application for an initial license and shall not presume appropriateness if a protest to the application is filed as set forth in Chapter 6.
(b)(1) Notwithstanding the requirements set forth in § 25-446(d), an applicant filing an application to transfer to a new location may petition the Board in writing to not have provisions of an existing settlement agreement applied at the new location.
(2) The Board shall consider the petition; provided, that the Board shall deem the request to be a substantial change subject to the notice requirements set forth in §§ 25-421 and 25-423.
(3) The burden shall be on the applicant to demonstrate to the satisfaction of the Board that the request will not adversely affect the locality, section, or portion of the District where the establishment is to be located under the appropriateness standards set forth in § 25-313 and that none of the provisions of the existing settlement agreement, or the agreement in its entirety, are applicable to the new location.
(4) The Board may amend, terminate, or maintain the existing settlement agreement at the new location.
(May 3, 2001, D.C. Law 13-298, § 101, 48 DCR 2959; May 2, 2015, D.C. Law 20-270, § 2(b)(2), 62 DCR 1866; Mar. 22, 2023, D.C. Law 24-332, § 5, 70 DCR 1582.)
Effect of Amendments
The 2015 amendment by D.C. Law 20-270 designated the existing text as (a); and added (b).
2023 District of Columbia Code › Title 25 - Alcoholic Beverages. [Enacted title] › Chapter 3 - Requirements To Qualify For License › Subchapter III - Denial of License › § 25–334. Denial — Board-certified referendum. [Repealed]

§ 25–334. Denial — Board-certified referendum. [Repealed]
Repealed.
(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; Mar. 22, 2023, D.C. Law 24-332, § 5, 70 DCR 1582.)
2023 District of Columbia Code › Title 25 - Alcoholic Beverages. [Enacted title] › Chapter 3 - Requirements To Qualify For License › Subchapter III - Denial of License › § 25–335. Denial — Public health and safety restrictions

§ 25–335. Denial — Public health and safety restrictions.
(a) 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 the possession, other than for personal use, 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.
(b) For the purposes of this section, the term "personal use" means the possession of drug paraphernalia in circumstances where there is no evidence of an intent to distribute or manufacture a controlled substance.
(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; Apr. 11, 2019, D.C. Law 22-288, § 201(a), 66 DCR 1656; Mar. 22, 2023, D.C. Law 24-332, § 5, 70 DCR 1582.)
Prior Codifications
1981 Ed., § 25-335.
1973 Ed., § 25-115.
Emergency Legislation
For temporary (90 days) repeal of applicability provision of D.C. Law 22-288, see § 7168 of Fiscal Year 2020 Budget Support Congressional Review Emergency Act of 2019 (D.C. Act 23-112, Sept. 4, 2019, 66 DCR 11964).
For temporary (90 days) repeal of applicability provision of D.C. Law 22-288, see § 7168 of Fiscal Year 2020 Budget Support Emergency Act of 2019 (D.C. Act 23-91, July 22, 2019, 66 DCR 8497).
2023 District of Columbia Code › Title 25 - Alcoholic Beverages. [Enacted title] › Chapter 3 - Requirements To Qualify For License › Subchapter III - Denial of License › § 25–337. Wholesaler’s license prohibited in residential-use district

§ 25–337. Wholesaler’s license prohibited in residential-use district.
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; Mar. 22, 2023, D.C. Law 24-332, § 5, 70 DCR 1582.)
Prior Codifications
1981 Ed., § 25-337.
1973 Ed., § 25-116.
2023 District of Columbia Code › Title 25 - Alcoholic Beverages. [Enacted title] › Chapter 3 - Requirements To Qualify For License › Subchapter III - Denial of License › § 25–338. Limitation on successive applications after denial

§ 25–338. Limitation on successive applications after denial.
(a) The Board shall not consider an application for the same class of license, permit, endorsement, or substantial change by the same applicant if the Board has denied a previously filed application within 5 years.
(b) Notwithstanding subsection (a) of this section, if an application is withdrawn for good cause, as determined by the Board, and prior to the protest status hearing, or if a previously filed application for the same license class, permit, endorsement, or substantial change was denied by the Board on purely technical or procedural grounds, an application by such applicant may be considered.
(May 3, 2001, D.C. Law 13-298, § 101, 48 DCR 2959; Oct. 30, 2018, D.C. Law 22-165, § 2(c)(7), 65 DCR 9366; Feb. 21, 2020, D.C. Law 23-52, § 2(b)(1), 67 DCR 21; Mar. 22, 2023, D.C. Law 24-332, § 5, 70 DCR 1582.)
2023 District of Columbia Code › Title 25 - Alcoholic Beverages. [Enacted title] › Chapter 3 - Requirements To Qualify For License › Subchapter III - Denial of License › § 25–340. Special restrictions for Ward 4. [Repealed]

§ 25–340. Special restrictions for Ward 4. [Repealed]
Repealed.
(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; Mar. 22, 2023, D.C. Law 24-332, § 5, 70 DCR 1582.)
References in Text
The effective date of the Omnibus Alcoholic Beverage Amendment Act of 2004, passed on 2nd reading on May 18, 2004 (Enrolled version of Bill 15-516), referred to this section, is September 30, 2004.
2023 District of Columbia Code › Title 25 - Alcoholic Beverages. [Enacted title] › Chapter 3 - Requirements To Qualify For License › Subchapter III - Denial of License › § 25–340.01. Special restrictions for Ward 4

§ 25–340.01. Special restrictions for Ward 4.
(a) For the purposes of this section, the term:
(1) "Full-service grocery store" shall have the same meaning as provided in § 25-101(22A).
(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 off-premises retailer’s 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 off-premises retailer’s license within Ward 4.
(c) [Repealed].
(d) The restrictions on the issuance in or transfer into Ward 4 of a class B off-premises retailer's license set forth in subsection (b) of this section shall not apply to a full-service grocery store.
(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; May 2, 2015, D.C. Law 20-270,§ 2(b)(5), 62 DCR 1866; Feb. 15, 2018, D.C. Law 22-57, § 2, 64 DCR 13438; Feb. 21, 2020, D.C. Law 23-52, § 2(b)(2), 67 DCR 21; Mar. 22, 2023, D.C. Law 24-332, § 5, 70 DCR 1582.)
Effect of Amendments
The 2015 amendment by D.C. Law 20-270 substituted “class A or B -premises retailer's license” for “class A or B license” twice in (b).
Emergency Legislation
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).
Temporary Legislation
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 provided that the act shall expire after 225 days of its having taken effect.
2023 District of Columbia Code › Title 25 - Alcoholic Beverages. [Enacted title] › Chapter 3 - Requirements To Qualify For License › Subchapter III - Denial of License › § 25–341. Targeted Ward 4 Moratorium Zone. [Repealed]

§ 25–341. Targeted Ward 4 Moratorium Zone. [Repealed]
Repealed.
(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; Mar. 22, 2023, D.C. Law 24-332, § 5, 70 DCR 1582.)
Effect of Amendments
D.C. Law 17-211 repealed subsec. (d) which had read as follows: “(d) This section shall expire 4 years after September 30, 2004. No later than 60 days before the expiration of this section, the Council Committee having jurisdiction over the Alcoholic Beverage Control Board shall hold a public hearing on the present need and appropriateness of the Targeted Ward 4 Moratorium Zone.”
Emergency Legislation
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).
References in Text
The effective date of the Omnibus Alcoholic Beverage Amendment Act of 2004, passed on 2nd reading on May 18, 2004 (Enrolled version of Bill 15-516), referred to subsec. (d), is September 30, 2004.
2023 District of Columbia Code › Title 25 - Alcoholic Beverages. [Enacted title] › Chapter 3 - Requirements To Qualify For License › Subchapter III - Denial of License › § 25–342. Special restrictions for off-premises retailer’s license in Ward 7

§ 25–342. Special restrictions for off-premises retailer’s license in Ward 7.
(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.
(d) The restrictions set forth in subsections (b) and (c) of this section shall not apply to an off-premises retailer license, class A or B, that operated as a full-service grocery store or received an exception from the Board pursuant to § 25-346(c) that is in Ward 7 but that was located in Ward 6 prior to [December 29, 2021], or [February 24, 2022].
(Aug. 15, 2008, D.C. Law 17-211, § 2(b), 55 DCR 6984; June 30, 2022, D.C. Law 24-127, § 2(c)(6), 69 DCR 005071; Mar. 22, 2023, D.C. Law 24-332, § 5, 70 DCR 1582.)
2023 District of Columbia Code › Title 25 - Alcoholic Beverages. [Enacted title] › Chapter 3 - Requirements To Qualify For License › Subchapter III - Denial of License › § 25–343. Special restrictions for off-premises retailer’s license in Ward 8

§ 25–343. Special restrictions for off-premises retailer’s license in Ward 8.
(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.
(b-1)(1) Notwithstanding subsection (b) of this section, the holder of a retailer license, class B, that meets the definition of a full-service grocery store as set forth in § 25-101(22A), or a 25% grocery store retailer license, class A, as set forth in § 25-333(f), in Ward 8 shall be allowed to divide a manufacturer's package of more than one container of beer, malt liquor, or ale to sell an individual container of the package that is 70 ounces or less.
(2) For the purposes of this subsection, the election ward boundaries in effect from January 1, 2012, through December 31, 2021, apply to the ward referenced in this subsection.
(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.
(d)(1) Notwithstanding subsection (c) of this section, the holder of a retailer license, class B, that meets the definition of a full-service grocery store as defined in § 25-101(22A), or a 25% grocery store retailer license, class A, as set forth in § 25-333(f), in Ward 8 shall be allowed to 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.
(2) For the purposes of this subsection, the election ward boundaries in effect from January 1, 2012, through December 31, 2021, apply to the ward referenced in this subsection.
(e) The restrictions set forth in subsections (b) and (c) of this section shall not apply to an off-premises retailer licensee, class A or B, that operated as a full-service grocery store or received an exception from the Board pursuant to § 25-346(c) that is in Ward 8 but that was located in Ward 6 prior to [December 29, 2021], or [February 24, 2022].
(Aug. 15, 2008, D.C. Law 17-211, § 2(b), 55 DCR 6984; June 30, 2022, D.C. Law 24-127, § 2(c)(7), 69 DCR 005071; Mar. 22, 2023, D.C. Law 24-332, § 5, 70 DCR 1582.)
Emergency Legislation
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).
2023 District of Columbia Code › Title 25 - Alcoholic Beverages. [Enacted title] › Chapter 3 - Requirements To Qualify For License › Subchapter III - Denial of License › § 25–344. Special restrictions for off-premises retailer’s license in Mt. Pleasant

§ 25–344. Special restrictions for off-premises retailer’s license in Mt. Pleasant.
(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; Mar. 22, 2023, D.C. Law 24-332, § 5, 70 DCR 1582.)
Editor's Notes
Section 4 of D.C. Law 17-287 provided: “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.”
2023 District of Columbia Code › Title 25 - Alcoholic Beverages. [Enacted title] › Chapter 3 - Requirements To Qualify For License › Subchapter III - Denial of License › § 25–345. Ward 2 restrictions for off-premises retailer’s license

§ 25–345. Ward 2 restrictions for off-premises retailer’s license.
(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 and Cannabis 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; Mar. 22, 2023, D.C. Law 24-332, § 5, 70 DCR 1582.)
2023 District of Columbia Code › Title 25 - Alcoholic Beverages. [Enacted title] › Chapter 3 - Requirements To Qualify For License › Subchapter III - Denial of License › § 25–346. Ward 6 restrictions for off-premises retailer’s license

§ 25–346. Ward 6 restrictions for off-premises retailer’s license.
(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 and Cannabis 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; Mar. 22, 2023, D.C. Law 24-332, § 5, 70 DCR 1582.)
2023 District of Columbia Code › Title 25 - Alcoholic Beverages. [Enacted title] › Chapter 3 - Requirements To Qualify For License › Subchapter IV - Board-Created Moratoria › § 25–351. Board-created moratoria

§ 25–351. Board-created moratoria.
(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 issuance of licenses of any class, or the issuance of amended licenses that constitute a substantial change, in any locality, section, or portion of the District; or
(3) Declare a moratorium in any locality, section, or portion of the District to limit the sale of products by licensees under an off-premises retailer license, class A and B.
(b) Any group with standing under § 25-601 may request the Board to issue regulations establishing the limit or declaring the moratorium. A moratorium issued by the Board under subsection (a)(1) or (a)(2) of this section shall have a prospective effect and shall not apply to existing licenses.
(c) A moratorium on the issuance of an amended license that constitutes a substantial change, in accordance with § 25-762, shall only be allowed in those geographical areas for which a limit or moratorium on the number of licenses in any class is in effect and shall apply to any application filed after May 3, 2001, for an amended license that would constitute a substantial change.
(d) No licensee or agent of any licensee shall be entitled to make a request under subsection (b) of this section.
(e) A moratorium shall be effective for 5 years from the date of final rulemaking, or for a lesser period as determined by the Board.
(f) If the Board acts on a moratorium request, a moratorium request for the same area, or an area covering substantially the same area, shall not be considered for 2 years from the date of the Board’s action.
(g) The requirements of this section shall not apply to solicitor’s licenses, manager’s licenses, caterer’s licenses, or to temporary licenses.
(May 3, 2001, D.C. Law 13-298, § 101, 48 DCR 2959; Sept. 30, 2004, D.C. Law 15-187, § 201(c), 51 DCR 6525; Mar. 22, 2023, D.C. Law 24-332, § 5, 70 DCR 1582.)
Section References
This section is referenced in § 25-601.
Effect of Amendments
D.C. Law 15-187 added subsec. (g).
2023 District of Columbia Code › Title 25 - Alcoholic Beverages. [Enacted title] › Chapter 3 - Requirements To Qualify For License › Subchapter IV - Board-Created Moratoria › § 25–353. Notice requirements for moratorium proceedings

§ 25–353. Notice requirements for moratorium proceedings.
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.
(May 3, 2001, D.C. Law 13-298, § 101, 48 DCR 2959; Sept. 30, 2004, D.C. Law 15-187, § 101(p), 51 DCR 6525; Mar. 22, 2023, D.C. Law 24-332, § 5, 70 DCR 1582.)
Effect of Amendments
D.C. Law 15-187 substituted “§ 25-421” for “§§ 25-421 and 25-422; provided, that, for purposes of this section, the responsibilities of the applicant prescribed in § 25-422 shall be assumed by the Board”.
2023 District of Columbia Code › Title 25 - Alcoholic Beverages. [Enacted title] › Chapter 3 - Requirements To Qualify For License › Subchapter IV - Board-Created Moratoria › § 25–354. Board review of moratorium request

§ 25–354. Board review of moratorium request.
(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 oral or written testimony in support of, or in opposition to, the moratorium request.
(c) In addition to receiving testimony from the public, the Board shall request formal comments from the following persons or agencies:
(1) The Councilmembers within whose wards the requested moratorium area is located;
(2) The ANCs within whose areas the requested moratorium area is located and any other ANC abutting the proposed moratorium area;
(3) The Assistant City Administrator for Economic Development, or his or her designee;
(4) The Office of Planning, or its successor agency; and
(5) The District Commander of the Metropolitan Police Department in which the requested moratorium zone is located.
(d) In deciding on a moratorium request, the Board shall consider the extent to which the testimony and comments show that the requested moratorium is appropriate under at least 2 of the appropriateness standards set forth in subchapter II of this chapter.
(e) The Board may grant the moratorium request in one or more of the following ways:
(1) In whole or in part;
(2) By enlarging or decreasing the moratorium area; or
(3) By limiting the moratorium to no more than one class of license.
(f) The Board may deny the moratorium request in its entirety.
(g) The decision of the Board shall be final and shall be issued in writing, including each member’s vote.
(May 3, 2001, D.C. Law 13-298, § 101, 48 DCR 2959; Sept. 30, 2004, D.C. Law 15-187, § 101(q), 51 DCR 6525; Mar. 22, 2023, D.C. Law 24-332, § 5, 70 DCR 1582.)
Effect of Amendments
D.C. Law 15-187, in par. (2) of subsec. (c), substituted “is located and any other ANC abutting the proposed moratorium area” for “is located”.
2023 District of Columbia Code › Title 25 - Alcoholic Beverages. [Enacted title] › Chapter 3 - Requirements To Qualify For License › Subchapter V - Involuntary Transfer › § 25–361. Involuntary transfer

§ 25–361. Involuntary transfer.
(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 proceedings;
(4) Any other sale conducted upon the order of a court of competent jurisdiction;
(5) A sale under Article 9 of the Uniform Commercial Code;
(6) Upon the death of an individual who is a licensee or who has a stock ownership or partnership interest of 50% or more in the licensed business; or
(7) A tax sale under Chapter 13 or 13A of Title 47.
(b) Except as provided in this section, transfers made under this section may, because of their involuntary nature, be approved by the Board without an initial inquiry, as required by §§ 25-311 through 25-314, as to the appropriateness of the establishment, and without the notice provisions contained in subchapter II of Chapter 4.
(c) Bona fide purchasers whose transfers are approved under this section shall, at the time for renewal of the license, meet all of the requirements of § 25-313 regarding the appropriateness of the establishment and shall at that time have notice of their renewal application given under subchapter II of Chapter 4.
(d) Bona fide purchasers shall, before an approval of the transfer, submit to the Board an affidavit stating that no change which could be considered a substantial change to the business under § 25-762 will occur before the expiration of the license period during which the transfer takes place.
(e) If a change which could be considered a substantial change will occur before the expiration of the license period, the transfer application shall be considered under §§ 25-404 and 25-762.
(May 3, 2001, D.C. Law 13-298, § 101, 48 DCR 2959; Mar. 22, 2023, D.C. Law 24-332, § 5, 70 DCR 1582.)