Georgetown Liquor License Mortorium Approval Resolution of 1998
PR 12-999

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A PROPOSED RESOLUTION IN THE COUNCIL OF THE DISTRICT OF COLUMBIA

Chairperson Cropp, at the request of the Mayor, introduced the following resolution, which was referred to the Committee on Consumer and Regulatory Affairs.

To approve proposed rules of the District of Columbia Alcoholic Beverage Control Board that would impose a five (5) year moratorium on the issuance of retailer's licenses for classes CN, CR, CT, CX, DN, DR, DT, and DX in a portion of the Georgetown Historic District.

RESOLVED, BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this resolution may be cited as the "Georgetown Liquor License Moratorium Approval Resolution of 1998".

Sec. 2. Pursuant to §7(e)(2) of the District of Columbia Alcoholic Beverage Control Act, 48 Stat. 322, D.C. Code _ 25107(e)(2), the Council of the District of Columbia approves the proposed rulemaking by the District of Columbia Alcoholic Beverage Control Board that would amend section 305 of Title 23 of the District of Columbia Municipal Regulations to impose a five (5) year moratorium on the issuance of retailer's licenses for classes CN, CR, CT, CX, DN, DR, DT, and DX in a portion of the Georgetown Historic District.

Sec. 3. The Secretary to the Council of the District of Columbia shall transmit a copy of this resolution, upon its adoption, to the Chairperson of the Alcoholic Beverage Control Board.

Sec. 4. This resolution shall take effect immediately.

DEPARTMENT OF CONSUMER AND REGULATORY AFFAIRS
ALCOHOLIC BEVERAGE CONTROL BOARD
NOTICE OF EMERGENCY AND PROPOSED RULEMAKING

The Alcoholic Beverage Control Board ("Board"), pursuant to the authority set forth in section 303.1 of title 23 of the District of Columbia Municipal Regulations (DCMR), 35 DCR 4947 (June 24, 1988), hereby gives notice of the adoption of emergency rules amending section 305 of title 23 DCMR to impose a five (5) year moratorium on the issuance of retailer's licenses class CN, CR, CT, CX, DN, DR, DT, and DX in the area that extends approximately 1800 feet in all directions from the intersection of Wisconsin Avenue and N Street, N.W., Washington, D.C. This area shall be known as the Georgetown Moratorium Zone.

The emergency action is necessary to avoid a lapse in the current moratorium, which will expire on July 7, 1998. The moratorium must be maintained to prevent the filing of applications for the issuance of new retailer's licenses class CN, CR, CT, CX, DN, DR, DT, and DX, which the Board has determined, pursuant to section 14(b)(1) of the Alcoholic Beverage Control Act ("the Act"), D.C. Code §25-115(b)(1) (1996), would have an adverse effect on:

(1) the peace, order, and quiet;
(2) real property values; and
(3) residential parking needs.

These emergency rules were adopted on June 24, 1998, to take effect on July 7, 1998. The emergency rules will remain in effect for 120 days, or until publication of a Notice of Final Rulemaking in the D.C. Register, whichever occurs first.

Pursuant to section 7(e) of the Act, D.C. Code §25-107(e), the proposed rules are being transmitted to the Council of the District of Columbia for approval. The Board also gives notice of its intent to take final rulemaking action to adopt these proposed rules in not less than thirty (30) days from the date of publication of this notice in the D.C. Register, or upon their approval by the Council pursuant to section 7(e) of the Act, whichever occurs later.

23 DCMR §305 (Georgetown Moratorium Zone), is amended to read as follows:

305 GEORGETOWN MORATORIUM ZONE

305.1 No Retailer's Licenses Class CN, CR, CT, CX, DN, DR, DT, or DX shall be issued for a period of five (5) years years beginning on July 8, 1998, in the area that extends approximately 1800 feet in all directions from the intersection of Wisconsin Avenue and N Street, N.W., Washington, D.C. This area shall be known as the Georgetown Moratorium Zone.

305.2 The Georgetown Moratorium Zone is more specifically described as beginning at the intersection of 33rd and Q Streets; East on Q Street to Wisconsin Avenue; Southeast on Wisconsin Avenue to Q Street; East on Q Street to 29th Street; South on 29th Street to P Street; East on P Street to 28th Street; South on 28th Street to O Street; East on O Street to 27th Street; South on 27th Street to the Northwest Boundary of Rock Creek Park; Southwest along the Northwest Boundary of Rock Creek to the North Bulkhead of the Potomac River; West along the North Bulkhead of the Potomac River to the Key Bridge; North on the Key Bridge to M Street; West on M Street to 36th Street; North on 36th Street to O Street; East on O Street to 35th Street; North on 35th Street to P Street; East on P Street to 34th Street; North on 34th Street to Volta Place; East on Volta Place to 33rd Street; North on 33rd Street to Q Street.

305.3 The 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.

305.4 Nothing in this section shall prohibit the Board from approving the transfer of ownership of a class C or D license within the Georgetown Moratorium Zone that was in effect or for which an application was pending prior to November 25, 1992, subject to the requirements of the Act and this title.

305.5 Nothing 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.

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

305.7 Nothing in this section shall prohibit the Board from approving the election of a specific class designation by a holder of a Retailer's License Class C or D within the Georgetown Moratorium Zone, including designation as a class CN, CR, CT, CX, DN, DR, DT, or DX pursuant to section 507 of this title.

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

305.9 The moratorium shall have a prospective effect and shall not apply to any license granted prior to, nor to any application pending on, November 25, 1992.

305.10 This section shall expire 5 years from the date of publication of the notice of final rulemaking.

Copies of the proposed rulemaking may be obtained by contacting Laura Byrd, Program Specialist, Alcoholic Beverage Control Division, Department of Consumer and Regulatory Affairs, 614 H Street, N.W., Room 807, Washington, D.C. 20001. Written comments must be submitted within thirty (30) days to Paul Waters, Program Manager, Alcoholic Beverage Control Division, Department of Consumer and Regulatory Affairs, 614 H Street, N.W., Room 807, Washington, D.C. 20001.