1. (a) Unless expressly stated otherwise in this chapter, the applicant shall bear the burden of proving to the satisfaction of the Board that the establishment for which the license is sought is appropriate for the locality, section, or portion of the District where it is to be located; provided, that if proper notice has been given under subchapter II of Chapter 4, and no objection to the appropriateness of the establishment is filed with the Board, the establishment shall be presumed to be appropriate for the locality, section, or portion of the District where it is located.
2. (b) Before evaluating the appropriateness of the establishment for which the license is sought, the Board shall ensure that the applicant has complied fully with the notification requirements set forth in § 25-422 [repealed].
3. (c) No license, except a solicitor’s license, shall be issued to an applicant unless the applicant has a valid certificate of occupancy for the premises in which the establishment is located and has all other licenses and permits required by law or regulation for its business.
4. (d) If a temporary license is sought for an outdoor event or a private residential home used for non-commercial purposes, the applicant shall not be required to provide a valid certificate of occupancy.
5. (e) The definition of full-service grocery store as set forth in [§ 25-101(22A)] shall apply to license applications being considered by the Board for approval that were submitted on or after January 14, 2013.

History

Jan. 24, 1934, 48 Stat. 327, ch. 4, § 14

Aug. 25, 1937, 50 Stat. 802, 803, ch. 766, §§ 1, 2

June 15, 1938, 52 Stat. 691, ch. 396, § 3

June 29, 1953, 67 Stat. 103, ch. 159, § 404(e), (f)

Aug. 2, 1968, 82 Stat. 616, Pub. L. 90-450, title IV, § 404

Mar. 5, 1981, D.C. Law 3-146, § 4, 27 DCR 4753

Sept. 29, 1982, D.C. Law 4-157, §§ 8, 15, 29 DCR 3617

Mar. 8, 1984, D.C. Law 5-51, § 2(b)(4), (c), 30 DCR 5927

June 29, 1984, D.C. Law 5-97, § 2, 31 DCR 2556

Mar. 7, 1987, D.C. Law 6-217, § 9, 34 DCR 907

June 5, 1987, D.C. Law 7-7, § 2, 34 DCR 2640

Oct. 3, 1992, D.C. Law 9-174, § 2(b), (c), 39 DCR 5859

May 24, 1994, D.C. Law 10-122, § 2(f), 41 DCR 1658

Apr. 20, 1999, D.C. Law 12-261, § 2003(q)(2), 46 DCR 3142

Oct. 20, 1999, D.C. Law 13-39, § 2, 46 DCR 6548

May 3, 2001, D.C. Law 13-298, § 101, 48 DCR 2959

Sept. 30, 2004, D.C. Law 15-187, § 101(j), 51 DCR 6525

Apr. 7, 2017, D.C. Law 21-260, § 2(c)(2)

Mar. 22, 2023, D.C. Law 24-332, § 5

Effect of Amendments

D.C. Law 15-187, in subsec. (c), deleted “or a temporary license” following “solicitor’s license”; and added subsec. (d).

Prior Codifications

1973 Ed., § 25-115.

1981 Ed., § 25-311.

Section References

This section is referenced in § 25-361.