D.C. Mun. Regs. tit. 23, r. 23-307

Current through Register Vol. 71, No. 49, December 6, 2024

Rule 23-307 - WEST DUPONT CIRCLE MORATORIUM ZONE

307.1

A limit shall exist on the number of retailer's licenses issued in the area that extends approximately six hundred feet (600 ft.) in all directions from the intersection of 21st and P Streets, N.W., Washington, D.C., as follows: Class CN or DN - Zero (0). This area shall be known as the West Dupont Circle Moratorium Zone.

307.2

The West Dupont Circle Moratorium Zone is more specifically described as the area bounded by a line beginning at 22nd Street and Florida Avenue, N.W.; continuing north on Florida Avenue, N.W., to R Street, N.W.; continuing east on R Street, N.W., to 21st Street, N.W.; continuing south on 21st Street, N.W., to Hillyer Place, N.W.; continuing east on Hillyer Place, N.W., to 20th Street, N.W.; continuing south on 20th Street, N.W., to Q Street, N.W.; continuing east on Q Street, N.W., to Connecticut Avenue, N.W.; continuing southeast on Connecticut Avenue, N.W., to Dupont Circle; continuing southwest around Dupont Circle to New Hampshire Avenue, N.W.; continuing southwest on New Hampshire Avenue, N.W., to N Street, N.W.; continuing west on N Street, N.W., to 22nd Street, N.W.; and continuing north on 22nd Street, N.W., to Florida Avenue, N.W. (the starting point).

307.3

Square 114E Lot 0800 and below the right of way of Dupont Circle, N.W. and Connecticut Avenue, N.W. shall be exempt from the West Dupont Circle Moratorium Zone.

307.4

All hotels, whether present or future, shall be exempt from the West Dupont Circle Moratorium Zone. The 1500 block of Connecticut Avenue, N.W., shall be exempt from the West Dupont Circle Moratorium Zone. Establishments located in, or to be located in, the New Hampshire side of One Dupont Circle, N.W., shall be exempt from the West Dupont Circle Moratorium Zone.

307.5

Nothing in this section shall prohibit the Board from approving the transfer of ownership of a retailer's license Class A, B, CR, CT, CX, DR, DT, or DX located within the West Dupont Circle Moratorium Zone, subject to the requirements of the Act and this title.

307.6

Nothing in this section shall prohibit the Board from approving the transfer of a license from a location within the West Dupont Circle Moratorium Zone to a new location within the West Dupont Circle Moratorium Zone.

307.7

A CN/DN license holder outside the West Dupont Circle Moratorium Zone shall not be permitted to transfer its license to a location within the West Dupont Circle Moratorium Zone.

307.8

Subject to the limitation set forth in Subsection 307.9, nothing in this section shall prohibit the filing of a license application or a valid protest of any transfer or change of license class.

307.9

No licensee in the West Dupont Circle Moratorium Zone shall be permitted to request a change of license class to CN, or DN.

307.10

A current holder of a retailer's license Class A, B, C, or D within the West Dupont Moratorium Zone shall not be permitted to apply to the Board for expansion of service or sale of alcoholic beverages into any adjoining or adjacent space, property, or lot, unless:

(a) The prior owner or occupant has held within the last five (5) years a retailer's license Class A, B, C, or D; or

(b) The applicant is a Class CR or DR licensee and the prior owner or occupant has held during the last three (3) years, and continues to hold at the time of application, a valid restaurant license from the Department of Consumer and Regulatory Affairs.

307.11

The number of substantial change applications approved by the Board for expansion of service or sale of alcoholic beverages into an adjoining or adjacent space, property, or lot, as allowed under subsection 307.9, shall not exceed three (3) during the three (3) year period of the West Dupont Circle Moratorium Zone.

307.12

Nothing in this section shall prohibit holders of a retailer's license Class C or D from applying for outdoor seating in public space.

307.13

This section shall expire three (3) years after the date of publication of the notice of final rulemaking.

D.C. Mun. Regs. tit. 23, r. 23-307

Final Rulemaking published at 47 DCR 6215 (August 4, 2000); as amended by Final Rulemaking published at 51 DCR 4309 (April 30, 2004); as amended by Final Rulemaking published at 53 DCR 2191 (March 24, 2006); as amended by Final Rulemaking published at 55 DCR 12991 (December 26, 2008); as amended by Final Rulemaking published at 56 DCR 2945 (April 17, 2009); as amended by Emergency and Proposed Rulemaking published at 57 DCR 1113 (January 29, 2010)[EXPIRED]; as amended by Emergency Rulemaking published at 57 DCR 4641 (May 28, 2010)[EXPIRED]; as amended by Final Rulemaking published at 57 DCR 8684 (September 24, 2010); as amended by Notice of Emergency and Proposed Rulemaking published at 589 DCR 4922 (June 10, 2011)[EXPIRED]; as amended by Notice of Emergency and Proposed Rulemaking published at 58 DCR 9287 (October 28, 2011)[EXPIRED]; as amended by Notice of Final Rulemaking published at 59 DCR 5182 (May 18, 2012); amended by Final Rulemaking published at 63 DCR 13405 (10/28/2016); amended by Final Rulemaking published at 67 DCR 3990 (4/10/2020)

Authority: The Alcoholic Beverage Control Board (Board), pursuant to the authority set forth in D.C. Official Code § 25-351(a) (2001 & 2011 Supp.) and section 303 of title 23 of the District of Columbia Municipal Regulations (DCMR).