Current through codified legislation effective October 30, 2024
Section 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:(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(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.Amended by D.C. Law 24-127,§ 2, 69 DCR 008332, eff. 6/30/2022.Amended by D.C. Law 24-9,§ II-204, 68 DCR 004824, eff. 6/24/2021, exp. 2/4/2022.Amended by D.C. Act 23-405,§ II-204, 67 DCR 9400, eff. 8/19/2020.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; May 27, 2020, D.C. Act 23-326, § 204(b)(3), 0 DCR 0.This section is set out more than once. See also 25-421, effective until 2/4/2022.