D.C. Mun. Regs. tit. 23, r. 23-400

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

Rule 23-400 - APPROPRIATENESS REQUIREMENTS

400.1

For purposes of establishing the appropriateness of the establishment under D.C. Official Code § 25-313(b)(1) through (3), the applicant shall present to the Board such evidence and argument as would lead a reasonable person to conclude the following:

(a) The establishment will not interfere with the peace, order, and quiet of the relevant area, considering such elements as noise, rowdiness, loitering, litter, and criminal activity;

(b) The establishment will not have an adverse impact on residential parking needs, considering available public and private parking and any arrangements made to secure such parking for the clientele of the establishment; and

(c) The flow of traffic to be generated by the establishment will be of such pattern and volume as to neither increase the likelihood of vehicular accidents nor put pedestrians at an unreasonable risk of harm from vehicles.

(d) The establishment will not have an adverse impact on real property values in the locality, section, or portion of the District of Columbia where it is to be located.

400.2

The Board shall not consider objections to the issuance of a Retailer's license Class CN or DN, based upon adverse impact as set forth in D.C. Official Code § 25-314(c), when the establishment for which the license is sought is situated in a hotel and when a Retailer's license Class CN or DN may properly be issued.

400.3

Whenever an applicant has initially presented evidence to show that the establishment is appropriate, any person opposing the license shall present to the Board such evidence and argument as would establish the inappropriateness of the establishment, and as would overcome, to the satisfaction of a reasonable person, the evidence and argument presented by the applicant.

D.C. Mun. Regs. tit. 23, r. 23-400

Final Rulemaking published at 51 DCR 4309 (April 30, 2004); as amended by D.C. ACT 15-442 published at 51 DCR 6525 (July 2, 2004); as amended by Final Rulemaking published at 55 DCR 12991 (December 26, 2008)

AUTHORITY: D.C. Code § 25-351