D.C. Code § 25-601

Current through codified legislation effective September 18, 2024
Section 25-601 - Standing to file protest against a license
(a) 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, or the transfer of a license to a new location:
(1)
(A) An abutting property owner;
(B) For the purposes of this paragraph, the term "abutting property" means any property where the property line has a boundary or boundary point in common with the property line of the licensed establishment.
(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 given to the voting body and the applicant at least 7 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.
(b)
(1) Except as provided in paragraph (2) of this subsection, an individual or entity that holds a valid wholesaler's license, manufacturer's license, or retailer's license shall not be permitted to 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, or the transfer of a license to a new location.
(2) An individual who resides in the neighborhood where the establishment is to be licensed and who holds a wholesaler's license, manufacturer's license, or retailer's license 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, or the transfer of a license to a new location if the individual otherwise has standing pursuant to subsection (a)(1) or (2) of this section.

D.C. Code § 25-601

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; May 1, 2013, D.C. Law 19-310, § 2(u), 60 DCR 3410; Feb. 21, 2020, D.C. Law 23-52, § 2(d), 67 DCR 21.