The following persons may protest the issuance or renewal of a license, the approval of a substantial change in the nature of operation as determined by the Board under § 25-404, a new owner license renewal, or the transfer of a license to a new location:
(1) An abutting property owner;
(2) A group of no fewer than 5 residents or property owners of the District sharing common grounds for their protest; provided, that in a moratorium zone established under § 25-351 (or in existence as of May 3, 2001), a group of no fewer than 3 residents or property owners of the District sharing common grounds for their protest;
(3) A citizens association incorporated under the laws of the District of Columbia located within the affected area; provided, that the following conditions are met:
(A) Membership in the citizens association is open to all residents of the area represented by the association; and
(B) A resolution concerning the license application has been duly approved in accordance with the association's articles of incorporation or bylaws at a duly called meeting, with notice of the meeting being given at least 10 days before the date of the meeting.
(4) An affected ANC;
(5) In the case of property owned by the District within a 600-foot radius of the establishment to be licensed, the Mayor;
(6) In the case of property owned by the United States within a 600-foot radius of the establishment to be licensed, the designated custodian of the property; or
(7) The Metropolitan Police Department District Commander, or his or her designee, in whose Police District the establishment resides.
CREDIT(S)
(May 3, 2001, D.C. Law 13-298, § 101, 48 DCR 2959; Oct. 26, 2001, D.C. Law 14-42, § 6(d), 48 DCR 7612; Sept. 30, 2004, D.C. Law 15-187, § 101(x), 51 DCR 6525; Mar. 2, 2007, D.C. Law 16-191, § 47(a), 53 DCR 6794.)
HISTORICAL AND STATUTORY NOTES
D.C. Law 13-298 amended and enacted into law Title 25 of the District of Columbia Official Code.
Effect of Amendments
D.C. Law 14-42 validated the previously made technical correction in par. (2).
D.C. Law 15-187 deleted “, or initiate a referendum as set forth in § 25-604” following “new location” in the lead-in language; and rewrote par. (3) which had read as follows:
“(3) A citizens association incorporated under the laws of the District of Columbia located within the affected area;”.
D.C. Law 16-191, in the introductory language, inserted “or” preceding “the transfer”.
Emergency Act Amendments
For temporary (90 day) amendment of section, see § 6(d) of Technical Amendments Emergency Act of 2001 (D.C. Act 14-108, August 3, 2001, 48 DCR 7622).
Legislative History of Laws
For D.C. Law 13-298, see notes following § 25-101.
For Law 14-42, see notes following § 25-120.
For Law 15-187, see notes following § 25-101.
For Law 16-191, see notes following § 25-101.
Delegation of Authority
Delegation of Authority to the Director of the Office of Property Management to Protest the Issuance or Renewal of Alcoholic Beverage Licenses Pursuant to D.C. Official Code § 25-601(5)(2001), see Mayor's Order 2004-182, November 9, 2004 (51 DCR 11351).
