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Moratorium on the Issuance of New Retailer’s Licenses Class B Temporary Amendment Act of 1999
Bill 13-179

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ENGROSSED ORIGINAL

A BILL

13-179

IN THE COUNCIL OF THE DISTRICT OF COLUMBIA

To amend, on a temporary basis, the Alcoholic Beverage Control Regulations to impose a 3-year moratorium on the issuance of new retailer's licenses class B.

BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this act may be cited as the "Moratorium on the Issuance of New Retailer's License Class B Temporary Amendment Act of 1999".

Sec. 2. Section 308 of Title 23 of the District of Columbia Municipal Regulations (Alcoholic Beverages and Food) (23 DCMR 308) is amended to read as follows:

"308 NEW RETAILER'S LICENSE CLASS B MORATORIUM

"308.1 No new retailer's license class B shall be issued for a period of three (3) years from the effective date of the Moratorium on the Issuance of New Retailer's Licenses Class B Temporary Amendment Act of 1999.

"308.2 The number of retailer's licenses class B shall be limited to four hundred (400), except as otherwise provided by this section.

"308.3 Nothing in this section shall prohibit the issuance of a license for any place for which a retailer's license class B has been issued or may be issued, if the license is in effect on the date the application is filed.

"308.4 Nothing in this section shall prohibit the Board from approving the transfer of ownership of a retailer's license that was in effect, or for which an application was pending, prior to the effective date of the Moratorium on the Issuance of New Retailer's Licenses Class B Temporary Amendment Act of 1999.

"308.5 Nothing in this section shall prohibit the Board from approving the transfer of a license from one location to another during the period of the moratorium.

"308.6 Nothing in this section shall prohibit a valid transfer or change of license class.

"308.7 The 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.

"308.8 This section shall expire three (3) years after the effective date of the Moratorium on the Issuance of New Retailer's Licenses Class B Temporary Amendment Act of 1999 ."

Sec. 3. Fiscal impact statement.

This act shall have no fiscal impact.

Sec. 4. Effective date.

(a) This act shall take effect following approval by the Mayor (or in the event of veto by the Mayor, action by the Council to override the veto), approval by the Financial Responsibility and Management Assistance Authority as provided in section 203(a) of the District of Columbia Financial Responsibility and Management Assistance Act of 1995, approved April 17 1995 (109 Stat. 116: D.C. Code §47-392.3(a)), a 30-day period of Congressional review as provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 813; D.C. Code §1-233(c)(1)), and publication in the District of Columbia Register.

(b) This act shall expire after 225 days of its having taken effect.

Sec. 5. Applicability. This act shall apply as of May I, 1999.

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