| Chairman Linda W. Cropp , at the request of the
Mayor PROPOSED RESOLUTION IN THE COUNCIL OF THE DISTRICT OF COLUMBIA
Chairman 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 three (3) year moratorium on the issuance of retailer's licenses for
classes A, B, CN, CR, CT, CX, DN, DT, and DX in a portion of Adams Morgan.
RESOLVED, BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this resolution may be cited
as the "Adams Morgan Liquor License Moratorium Approval Resolution of 2001".
Sec. 2. Pursuant to §7(e)(2) of the District of Columbia Alcoholic Beverage Control
Act, 48 Stat. 322, D.C. Code §25-107(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 Chapter 3 of Title 23 of the District of Columbia Municipal
Regulations, by adding a new section 311, to impose a three (3) year moratorium on the
issuance of new retailer's licenses for classes A, B, CN, CR, CT, CX, DN, DT, and DX in a
portion of Adams Morgan.
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.
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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 and
procedures set forth in sections 303 and 304 of Title 23 of the District of Columbia
Municipal Regulations ("DCMR"), 35 DCR 4977 (June 24, 1988), hereby-gives notice
of the adoption of emergency rules creating a new section 311 of Title 23 DCMR to impose a
three (3) year moratorium on the issuance of any new retailer's license class A, B, CN,
CR, CT, CX, DN, DT, and DX in a portion of Adams Morgan which shall be known as the Adams
Morgan Moratorium Zone. The text of these emergency rules is identical to that in the
Notice of Emergency and Proposed Rulemaking published in the D.C. Register on August 4,
2000, at 47 DCR 6245.
The emergency action is necessary to prevent the filing of applications for the
issuance of new retailer's licenses class A, B, CN, CR, CT, CX, DN, DT, and DX which the
Board has determined pursuant to section 14(b)(1) of the District of Columbia Alcoholic
Beverage Control Act ("Act"), D.C. Code § 25-115(b)(1), would have an adverse
effect on:
(1) peace, order, and quiet; and
(2) residential parking needs and vehicular and pedestrian safety.
These emergency rules were adopted by the Board on December 13, 2000. The rules became
effective on that date. The emergency rules will expire 120 days from the date of
effectiveness or upon publication of a Notice of Final Rulemaking in the D.C. Register,
whichever occurs first. The Board also gives notice of its intent 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.
Pursuant to section 7(e) of the District of Columbia Alcoholic Beverage Control Act,
D.C. Code § 25-107(e)(2)(1996), these proposed rules are being transmitted to the Council
of the District of Columbia, and the final rules may not become effective until the
expiration of the forty-five (45) day period of Council review or upon approval by Council
resolution, whichever occurs first.
Title 23 DCMR, Chapter 3 (Limitations on Licenses), is amended by adding a new section
311 to read as follows:
311 ADAMS MORGAN MORATORIUM ZONE
311.1 No new Retailer's License Class A, B, CN, CR, CT, CX, DN, DT, or DX shall be
issued for a period of three (3) years from the effective date of this section in the area
that extends approximately fourteen hundred (1400) feet in all directions from the
intersection of 18th Street and Belmont Road, N.W., Washington D.C. This area shall be
known as the Adams Morgan Moratorium Zone.
311.2 The Adams Mor Morgan Moratorium Zone is more specifically described as beginning
at 18 Street and Florida Avenue; North on 18`" Street to California Street: West on
California Street to 19`h Street; Northwest on 19th Street to Wyoming Avenue; Southwest on
Wyoming Avenue to 20th Street; Northwest on 20th Street to Belmont Road; East on Belmont
Road to 19th Street; Northwest on 19th Street to Biltmore Street; East on Biltmore Street
to Cliffbourne Street; North on Cliffborne Street to Calvert Street; East on Calvert
Street to Adams Mill Road; Southeast on Adams Mill Road to Columbia Road; Northeast on
Columbia Road to Ontario Road; South on Ontario Road to Euclid Street; East on Euclid
Street to 17`h Street, South on 17t' Street to Kalorama Road; Southwest on Kalorama Road
to Ontario Road; South on Ontario Road to Florida Avenue; Southwest on Florida Avenue to
18th Street and Florida Avenue N.W., Washington D.C.
311.3 The following establishments shall be exempt from the Adams Morgan Moratorium
Zone:
(a) All hotels, whether present or future;
(b) Restaurants applying for a new retailer's license class DR.
311.4 Nothing in this section shall prohibit the Board from approving the transfer of
ownership of a retailer's license class A, B, CN, CR, CT, CX, DN, DT, and DX within the
Adams Morgan 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 the Act and
this subtitle.
311.5 Nothing in this section shall prohibit the Board from approving the transfer of a
license from a location within the Adams Morgan Moratorium Zone to a new location within
the Adams Morgan Moratorium Zone.
311.6 A license holder outside the Adams Morgan Moratorium Zone shall not be permitted
to transfer its license to a location within the Adams Morgan Moratorium Zone.
311.7 Nothing in this section shall prohibit a valid protest of any transfer or change
of license class.
311.8 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
pending on the effective date of this section.
311.9 This section shall expire three (3) years after the date of publication of the
notice of final rulemaking.
Copies of the proposed rulemaking may be obtained.by contacting Laura Byrd,
Adjudication Specialist, Alcoholic Beverage Control Division, Department of Consumer and
Regulatory Affairs, 941 North Capitol Street, 7th Floor Washington, D.C., 2002. All
persons desiring to comment on the proposed rulemaking must submit their written comments,
not later than thirty (30) days after the date of publication of this notice in the D.C.
Register, to Laura Byrd at the above address. |
