D.C. Mun. Regs. tit. 23, r. 23-302
Current through Register Vol. 71, No. 49, December 6, 2024
Rule 23-302 - LICENSES NEAR SCHOOLS, COLLEGES, UNIVERSITIES, AND RECREATION AREAS302.1The four hundred foot (400 ft.) distance shall be measured in accordance with the provisions of § 101.2 of this title.
302.2A license may be transferred, in the discretion of the Board, from one (1) place within the prohibited distance to another place within the same prohibited distance by the same establishment.
302.3A license may be issued, in the discretion of the Board, for a place of business located within four hundred feet (400 ft.) of a college or university if one (1) of the following applies:
(a) The Board is satisfied that the college or university does not object to the granting of the license, as evidenced by a written statement to the Board from the governing body of the college or university;(b) The college or university is itself the holder of a license; or(c) The license is an on-premises retailer's license, C/R, D/R, C/H, D/H, C/T, D/T, C/X, or D/X that will be located entirely on a college or university campus and will not have direct public access to the street or the outside of the college's or university's main entrance.302.4A license may be issued for any place within the prohibited distance of a recreation area operated by the D.C. Department of Parks and Recreation if one of the following is satisfied:
(a) At the time the recreation area was established at that location, there was a place of business holding a license of the same class as that applied for within four hundred feet (400 ft.) of the recreation area; or(b) The Board is furnished a written statement by the Department of Parks and Recreation of the District of Columbia to the effect that it does not object to the granting of the license.302.5No alcoholic beverage shall be sold or served by a licensee upon any portion of any premises which fronts upon, abuts, adjoins, or is opposite to the premises of any of the institutions or recreation areas mentioned in this section unless that portion of the premises where alcoholic beverages are served is within a building; provided, that the restriction of service within a building is not applicable to Class C or D licensees on non-school days, weekends, and after 6:00 p.m. on weekdays, allowing alcohol products to be served on licensed outdoor patios which are part of the licensee's premises.
302.6The provisions of § 302.5 shall not apply to premises designated in a Temporary license Class F or G or catered by the holder of a Caterer's license.
302.7The provisions of this section shall not apply where the main entrance to the college, university, or recreation area, or the nearest property line of the school, is actually on or occupies ground zoned commercial or industrial according to the official atlases of the Zoning Commission of the District of Columbia.
302.9 The four hund red foot (400 ft.) restriction shall not apply to an application for a Retailer's license, Class IA or IB.
302.10 The four hundred foot (400 ft.) restriction shall not apply to an application for an off-premises retailer's license class B that meets one (1) of the following three (3) exceptions:
(a) The applicant's establishment will be located inside of a hotel and will have no direct public access to the street or the outside of the hotel's building; or(b) The applicant: (1) Meets the definition of a full-service grocery store pursuant to § 199.1;(2) The sale of alcoholic beverages constitutes no more than fifteen percent (15%) of the total volume of gross receipts on an annual basis;(3) The establishment is not located in a residential-use district as defined in the zoning regulations and shown in the official atlases of the Zoning Commission for the District of Columbia, or if located within the Southeast Federal Center, in the SEFC-1 zone;(4) The opinion of the ANC, if any, in which the establishment is located has been given great weight; and(5) The applicant does not hold a manufacturer's or wholesaler's license; or(c) The applicant applies for an off-premises retailer's license, class B:(1) Qualifies as a corner store and has been approved by the Board of Zoning Adjustment for a special exception under Chapter 2 of Title 11-U DCMR (11-U DCMR § 254);(2) The applicant's establishment is located in ANC 1B;(3) The sales area of the applicant's establishment that is devoted to the sale of alcohol for off-site consumption constitutes no more than fifteen percent (15%) of the gross floor area of the ground floor of the corner store;(4) The applicant's sale of alcoholic beverages constitutes no more than fifteen percent (15%) of the total volume of gross receipts on an annual basis;(5) The applicant's establishment is located in a Great Streets Corridor; and(6) The opinion of the ANC, if any, has been given great weight.D.C. Mun. Regs. tit. 23, r. 23-302
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 66 DCR 001822 (2/8/2019); amended by Final Rulemaking published at 68 DCR 7421 (7/30/2021)