Section 5-E3511. LIQUOR LICENSE APPLICATIONS

 

3511.1The Board of Education shall review and make determinations on whether or not to oppose applications for liquor licenses submitted by establishments operating in locations proximate to schools.

 

3511.2Upon receipt of liquor license applications from the District of Columbia Alcoholic Beverage Control Board, the Superintendent of Schools shall submit reports to the D.C. Board of Education, including recommendations relative to whether or not the applications should be opposed.

 

3511.3The Office of the Superintendent of Schools shall promptly forward lists of liquor license applications to Assistant Superintendents, the Director or the Division of Buildings and Grounds, and other appropriate officers for review and recommendation by stated submission dates.

 

3511.4Assistant Superintendents shall be responsible for doing the following tasks:

 

(a)Obtaining recommendations from the principals, Neighborhood School Councils, Parent-Teacher Associations, and Home and School Associations for each school which might be affected if the liquor license application is granted by the ABC Board; and

 

(b)Informing the Division of Buildings and Grounds in a timely written report whether or not a protest should be filed, and the reasons therefor.

 

3511.5The Division of Buildings and Grounds shall be responsible for performing the following tasks:

 

(a)Determining if the locations of establishments for which liquor licenses are being sought comply with current distance requirements from schools set forth in regulations promulgated to enforce the District of Columbia Alcoholic Beverages Control Act, as amended;

 

(b)Making recommendations to the Superintendent of Schools on whether to enter protests or non protests for each liquor license included on lists submitted be the ABC Board; and

 

(c)Preparing reports for the Superintendent of Schools to forward to the Board of Education in cases where a protest is being recommended. The reports shall include the following:

 

(1)Protest notice, on form prescribed by the ABC Board;

 

(2)School community area map; and

 

(3)Letter for signature by the President of the Board of Education to transmit the protest to the ABC Board.

 

3511.6In evaluating liquor license applications, the Superintendent shall give due weight and consideration to recommendations received from the Neighborhood School Councils, Advisory Neighborhood Commissions, Parent-Teacher Associations, Home and School Associations, civic associations and concerned citizens.

 

3511.7In order to equitably determine whether or not to oppose the granting of liquor licenses to establishments operating in locations proximate to schools, standards for evaluating the applications shall include, but are not necessarily limited to, the following:

 

(a)Propriety of the location of the establishment in relationship to the nature of the business and its surroundings;

 

(b)Environmental impact upon the school community of the operation of the establishment;

 

(c)Distance of the establishment from the nearest public school;

 

(d)Proximity of the establishment to a route regularly traveled by students to and from school;

 

(e)Proximity of the establishment to commercial enterprises routinely patronized by students immediately before or after school hours, or during lunch hours; and

 

(f)Previous record, if any, established by the owners or managers, in complying with the laws of the District of Columbia which govern the following:

 

(1)The serving of alcoholic beverages to minors; and

 

(2)The employment of minors in establishments where alcoholic beverages are being sold or served.

 

source

Final Rulemaking published at 32 DCR 3670 (June 28, 1985).