Section 23-403. PROHIBITED BUSINESS INTERESTS

 

403.1The spouse of an ABC license holder may apply for a separate ABC license if he or she can establish that the conflict provisions of D.C. Official Code § 25-303 will not be violated. Specifically, in applying for a license the spouse not holding an ABC license must submit a signed and notarized affidavit which states that:

 

(a)The applicant has no present or future ownership interest in any other ABC establishment that the applicant is prohibited from owning under D.C. Official Code § 25-303;

 

(b)The applicant's spouse will have no ownership interest in the license being sought by the applicant;

 

(c)The applicant or another corporation (in which the spouse is not an officer, shareholder or member) is solely liable for the business rather than the spouse or spouse's business;

 

(d)The other spouse will not have any operational control over the establishment and will not serve in a management capacity for the ABC establishment or apply for an ABC Manager's license for that establishment; and

 

(e)The applicant will not transfer any alcoholic beverage inventory to or receive any alcoholic beverage inventory from their spouse's ABC licensed establishment.

 

403.2The applicant shall provide documentation, upon request of the Board, necessary to validate the applicant's sworn affidavit. Failure to submit the necessary documentation within ten (10) business days of the Board's request may result in the suspension or revocation of the applicant's license, unless an extension is granted by the Board.

 

 

authority

Omnibus Alcoholic Beverage Amendment Act of 2004, effective September 30, 2004 (D.C. Law 15-187; D.C. Official Code § 25-211(b) (2012 Repl.)) and Mayor’s Order 2001-96, dated June 28, 2001, as revised by Mayor’s Order 2001-102, dated July 23, 2001.

source

Final Rulemaking published at 51 DCR 4309 (April 30, 2004); as amended by Final Rulemaking published at 55 DCR 12991 (December 26, 2008 – Part 2).