Section 23-305. GEORGETOWN MORATORIUM ZONE [EXPIRED]

 

305.1No retailer’s licenses class CT, DT, CN, DN, or CX, shall be issued for a period of five (5) years after the effective date of this section in the Georgetown Moratorium Zone that extends approximately one thousand eight hundred (1800) feet in all directions from the intersection of Wisconsin Avenue and N Street, N.W., Washington, D.C.  The number of class CR or DR retailer’s licenses permitted in this area shall not exceed sixty-eight (68).  The number of class DX retailer’s licenses in this area shall not exceed one (1).

 

305.2The Georgetown Moratorium Zone is more specifically described as the area bounded by a line beginning at the intersection of 33rd and Q Streets, N.W.; continuing east on Q Street, N.W. to Wisconsin Avenue, N.W.; continuing southeast on Wisconsin Avenue, N.W., to Q Street, N.W.; continuing east on Q Street, N.W., to 29th Street, N.W.; continuing south on 29th Street, N.W., to P Street, N.W.; continuing east on P Street, N.W., to 28th Street, N.W.; continuing south on 28th Street , N.W., to O Street, N.W.; continuing east on O Street, N.W., to 27th Street, N.W.; continuing south on 27th Street, N.W., to the northwest boundary of Rock Creek Park; continuing southwest along the northwest boundary of Rock Creek Park to the north bulkhead of the Potomac River; continuing west along the north bulkhead of the Potomac River to the Key Bridge; continuing north on the Key Bridge to M Street, N.W.; continuing West on M Street, N.W., to 36th Street, N.W.; continuing north on 36th Street, N.W., to O Street, N.W.; continuing east on O Street, N.W., to 35th Street, N.W.; continuing north on 35th Street, N.W., to P Street, N.W.; continuing east on P Street, N.W., to 34th Street, N.W.; continuing north on 34th Street, N.W., to Volta Place, N.W.; continuing east on Volta Place, N.W., to 33rd Street, N.W.; and continuing north on 33rd Street, N.W., to Q Street, N.W. (the beginning point).

 

305.3The following establishments shall be exempt from the Georgetown Moratorium Zone:

 

(a)All hotels, whether present or future; and

 

(b)Establishments located in or to be located in Georgetown Park, Georgetown Park II, Prospect Place Mall, Georgetown Court, and Washington Harbor.

 

305.4Nothing in this section shall prohibit the Board from approving the transfer of ownership of a Class C or D retailer’s license within the Georgetown Moratorium Zone that was in effect or for which an application was pending prior to the effective date of this section, subject to the requirements of Title 25 of the D.C. Official Code and this title.

 

305.5Nothing in this section shall prohibit the Board from approving the transfer of a license from a location within the Georgetown Moratorium Zone to a new location within the Georgetown Moratorium Zone.

 

305.6A license holder outside the Georgetown Moratorium Zone shall not be permitted to transfer its license to a location within the Georgetown Moratorium Zone.

 

305.7Nothing in this section shall prohibit a valid protest of any transfer or change of license class.

 

305.8The moratorium shall have a prospective effect and shall not apply to any license granted prior to the effective date of this section or to any application for licensure pending on the effective date of this section.

 

305.9This section shall expire five (5) years after the date of publication of the notice of final rulemaking.

 

 

authority

D.C. Official Code § 25-351(a) (2009 Supp.), and Section 303 of Title 23 of the District of Columbia Municipal Regulations (DCMR).

source

Final Rulemaking published at 42 DCR 3518 (July 7, 1995); as amended by Final Rulemaking published at 46 DCR 601 (January 22, 1999); as amended by Final Rulemaking published at 51 DCR 4309 (April 30, 2004); as amended by Final Rulemaking published at 52 DCR 3821 (April 15, 2005); as amended by Final Rulemaking published at 55 DCR 12991 (December 26, 2008); as amended by Emergency and Proposed Rulemaking published at 57 DCR 10930 (November 19, 2010)[EXPIRED]; as amended by Final Rulemaking published at 58 DCR 1103, 1105 (February 4, 2011); as amended by Emergency Rulemaking published at 63 DCR 5303 (April 8, 2016)[EXPIRED].

EditorNote

Per Subsection 305.9, this rulemaking was set to expire five (5) years after the date of the publication of the final rulemaking, published in the D.C. Register on February 4, 2011. Emergency rules were adopted by the Alcoholic Beverage Control Board in December 2015, which extended the moratorium until April 9, 2016. No further extensions have been adopted.