Section 23-302. LICENSES NEAR SCHOOLS, COLLEGES, UNIVERSITIES, AND RECREATION AREAS

 

302.1The 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 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 proper governing body of the college or university. If the college or university is itself the holder of a license, it shall be deemed not to object to the issuance of a license for another place of business.

 

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.

 

302.8The Board may issue a Retailer's license Class CR or DR for a restaurant within four hundred feet (400 ft.) of a public, private, or parochial private, elementary, middle school, junior high school, high school, or charter school if the following conditions are met:

 

(a)The restaurant is located entirely inside of a hotel, apartment house, club, or office building and no sign or display is visible from the outside of the building unless the Board specifically approves the outside sign or display;

 

(b)The Board of Education of the District of Columbia in the case of a public school, or the proper governing body of a private or parochial school, has been notified by the Board of the license application pursuant to D.C. Official Code § 25-421 and has submitted a written statement to the Board that it has no objection to the issuance of the license; and

 

(c)The Board of Education or governing body files no written objection to the license application during the protest period.

 

 

authority

D.C. Official Code § 25-351.

source

Final Rulemaking published at 35 DCR 4947 (June 24, 1988); as amended by Final Rulemaking published at 51 DCR 4309 (April 30, 2004); as amended by Final Rulemaking published at 55 DCR 12991 (December 26, 2008).