D.C. Mun. Regs. tit. 23, r. 23-1606

Current through Register Vol. 71, No. 49, December 6, 2024
Rule 23-1606 - PARTY DISMISSAL
1606.1

In the event that an applicant or a protestant is dismissed and not reinstated by the Board for good cause after failing to appear at a roll call hearing, status hearing, or protest hearing, the Board may deny the license application and/or dismiss the protest.

1606.2

In the event that an applicant's request to renew its license is dismissed and not reinstated by the Board for good cause, the applicant shall be permitted to submit a second renewal application upon the filing of a late fee of one thousand dollars ($1,000).

1606.3

The re-filed second renewal application shall be submitted to ABRA within ten (10) calendar days of receipt of the Board's order dismissing the license application or not reinstating the license application in the event that a request for reinstatement was filed by the applicant. In the event that the applicant fails to resubmit its second renewal application within ten (10) calendar days, the Board shall issue a cease and desist order to the applicant notifying the business to immediately cease the sale and/or service of alcoholic beverages.

1606.4

In the event that a second renewal application is re-filed by an applicant within ten (10) calendar days, any protestant that appeared at the roll call hearing or status hearing where the applicant was dismissed for failure to appear shall not be required to refile a previously submitted valid protest letter.

1606.5

In the event that an applicant's re- filed second renewal application is dismissed for failure to appear at a hearing and not reinstated by the Board for good cause, the license renewal application shall be denied and the license expired. The applicant shall be required to file a new license application, unless prohibited by a liquor license moratorium, and shall not be permitted to file a third license renewal application.

1606.6

In the event that an applicant's request to terminate or amend its settlement agreement is dismissed and not reinstated by the Board for good cause, the applicant shall not be permitted to file a subsequent request to terminate or amend its settlement agreement until the next three-year renewal period.

D.C. Mun. Regs. tit. 23, r. 23-1606

Final Rulemaking published at 51 DCR 4309 (April 30, 2004); as amended by Final Rulemaking published at 55 DCR 12991 (December 26, 2008); amended by Final Rulemaking published at 63 DCR 3727 (3/16/2016); amended by Final Rulemaking published at 66 DCR 001822 (2/8/2019)