Limitations on Nude Dance Bars Amendment Act of 2001
Bill 14-46

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A BILL IN THE COUNCIL OF THE DISTRICT OF COLUMBIA

Councilmember Brazil introduced the following bill, which was referred to the Committee on Consumer and Regulatory Affairs.

To amend the Title 25 of the District of Columbia Code and Title 23 of the District of Columbia Municipal Regulations to prohibit the issuance of Alcoholic Beverage Licenses to establishments that feature nude dancing.

BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, that this act may be cited as the "Limitations on Nude Dance Bars Amendment Act of 2001".

Sec. 2. Title 23 of the District of Columbia Municipal Regulations, is amended by adding a new subsection 904.6 to read as follows:

"904.6. After the effective date of the Alcoholic Beverage Control Act and Rules Reform Amendment Act of 1994, no holder of a Retailer's License Class CN or DN may permit nude dancers pursuant to §904.5 of this section; Provided, that a licensee who regulatory provided entertainment by nude dancers prior to December 15, 1993, may continue to do so at that establishment."

Sec. 3. Title 25 of the District of Columbia Code is amended as follows:

(a) The table of contents for subchapter III of Chapter 3 is amended by adding the following section designation: "25-340. Limitations on Nude Dancing Establishments."

(b) A new section 25-340 is added to read as follows:

"25-340. Limitations on nude dance bars.

"(a). The licensee under am on-premises retailer's license class CN or DN for an establishment located within the boundaries of the Central Business District, identified in the Zoning Regulations of the District of Columbia and shown in the official atlases of the Zoning Commission of the District of Columbia, may permit performances by nude dancers; provided, that the licensee regularly provided entertainment by nude dancers prior to December 1, 2000; and provided, that the nude dancers shall perform only upon a stage at least 18 inches above the immediate floor level and removed at least 3 feet from the nearest customer. A licensee whose licensed establishment is located outside the Central Business District and who regularly provided entertainment by nude dancers prior to November 25, 1986, may continue to do so at the establishment so long as there is no change in the ownership of the establishment. The licensee under a retailer's license class CX or DX for a legitimate theater may permit nudity by performers in dramatic productions.

"(b) After the effective date of the Alcoholic Beverage Control Act and Rules Reform Amendment Act of 1994, effective March 24, 1994 (D.C. Law 10-122) no holder of a retailer's license class CN or DN may permit nude dancers pursuant to §904.5 of this section; provided, that a licensee who regularly provided entertainment by nude dancers prior to December 15, 1993, may continue to do so at that establishment."

Sec. 4. Fiscal impact statement.

The Council adopts the fiscal impact statement in the committee report as the fiscal impact statement required by section 602(c)(3) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 813 D.C. Code §1-233(c)(3)).

Sec. 5. Applicability date.

This act shall apply on the same date that the "Title 25 of the District of Columbia Code Enactment and Related Amendments Act of 2000" becomes effective.

Sec. 5. Effective date.

This act shall take effect following approval by the Mayor (or in the event of veto by the Mayor, action by the Council of the District of Columbia to override the veto), approval by the Financial Responsibility and Management Assistance Authority as provided in § 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.