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D.C. Municipal Regulations (Last Updated: September 13, 2017) |
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Title 23. ALCOHOLIC BEVERAGES |
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Chapter 23-20. CATERING LICENSE |
Section 23-2008. CATERED SITE PROTEST HEARING
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2008.1Protestants with standing pursuant to D.C. Official Code § 25-601 may file a written request for a catered site protest hearing ("protest request") with the Board to prohibit or place restrictions on the number, nature, and size of events held at an event site at which the service of alcoholic beverages by caterers is permitted.
2008.2All protest requests for a catered site protest hearing shall initially be scheduled by the Board for a preliminary hearing. All parties named in the protest request for a catered site protest hearing shall be afforded notice of both the preliminary hearing and the catered site protest hearing. Upon notice of the protest request filed with the Board, the owner of the event site or its designated representative shall provide at the preliminary hearing a list of caterers who have previously provided catering services at the event site, including the date of each event and the number of people who attended each event, within the previous two (2) years and any additional caterers currently scheduled at the event site.
2008.3The written protest request shall be filed within thirty (30) days of the last problem event and shall address only those events which occurred in a period not before the preceding year. The request shall identify the site and the date(s) of the event(s) which give rise to the protest and the reason for protesting, based upon the appropriateness standards set forth in D.C. Official Code § 25-313. The catered site protest hearing shall be limited to no more than two (2) hours total or one (1) hour for each side.
2008.4Notice of receipt of the protest request and the scheduled hearing shall be served by the Board on the protestants, the owner of an event site, and all caterers who have catered or are scheduled to cater an event at the site.
2008.5At the preliminary hearing, the Board shall determine that the protestants have standing pursuant to D.C. Official Code § 25-601. Upon determining that standing exists, the Board shall schedule and conduct a catered site protest hearing pursuant to the procedures set forth in Chapter 4 of Title 25 of the D.C. Official Code.
2008.6The protestants, the owner of an event site, and the caterer(s) for the event(s) in question shall be considered parties to the catered site protest hearing and shall have the right to present and cross-examine witnesses.
2008.7The parties may agree to continue the catered site protest hearing in order to facilitate resolution of complaints or to reach a cooperative/voluntary agreement. The Board may also require that a settlement conference be held pursuant to D.C. Official Code § 25-445 prior to holding a catered site protest hearing.
2008.8The Board, upon the completion of a catered site protest hearing, may prohibit or place restrictions upon the number, nature, or size of events, or caterers permitted at a site in its written order, which shall be issued pursuant to the procedures set forth in D.C. Official Code § 25-433.
2008.9An event site may have catered events pending the outcome of the catered site protest hearing.
2008.10An event site shall not be subject to a catered site protest hearing more than once every to (2) years from the same individual or entity.
2008.11Events held in private residences that do not require a license under D.C. Official Code § 25-102 shall not be subject to catered site protest hearings.
2008.12The Board may deny a protest request if the protest request is found to be facially deficient or meritless.