1. (a) To qualify for issuance, renewal of a license, transfer of a license to a new location, or an application for the approval of a substantial change in operation as determined by the Board under § 25-404, an applicant shall demonstrate to the satisfaction of the Board that the establishment is appropriate for the locality, section, or portion of the District where it is to be located.

2. (b) In determining the appropriateness of an establishment, the Board shall consider all relevant evidence of record, including:

   1. (1) The effect of the establishment on real property values;
   2. (2) The effect of the establishment on peace, order, and quiet, including the noise and litter provisions set forth in §§ 25-725 and 25-726;
   3. (3) The effect of the establishment upon residential parking needs and vehicular and pedestrian safety; and
   4. (4) In the case of a license renewal, the provisions of this subsection and § 25-315.

3. (c)

   1. (1) The requirements of this section shall not apply to applicants for a solicitor's license, temporary license, festival license, pub crawl license, or farmer's market license.
   2. (2) Applicants for a caterer’s license shall apply according to the procedures under Chapter 20 of the District of Columbia Municipal Regulations.
4. (d) No license shall be issued for an outlet, property, establishment, or business which sells motor vehicle gasoline or which holds a Motor Vehicle Sales, Service, and Repair endorsement under § 47-2851.03(c)(9) [now § 47-2851.03(a)(9)] or an Environmental Materials endorsement under § 47-2851.03(c)(4) [now § 47-2851.03(a)(4)] to its master [basic] business license.

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

Oct. 1, 2002, D.C. Law 14-190, § 1702(f), 49 DCR 6968

Sept. 30, 2004, D.C. Law 15-187, § 201(a), 51 DCR 6525

Oct. 30, 2018, D.C. Law 22-165, § 2(c)(3)

Mar. 22, 2023, D.C. Law 24-332, § 5

Emergency Legislation

For temporary (90 day) amendment of section, see § 1702(f) of Fiscal Year 2003 Budget Support Emergency Act of 2002 (D.C. Act 14-453, July 23, 2002, 49 DCR 8026).

Effect of Amendments

D.C. Law 15-187 designated the existing text of subsec. (c) as par. (1); and added par. (2) of subsec. (c).

D.C. Law 14-190, in subsec. (a), substituted “, transfer of a license to a new location,” for “, new owner license renewal,”.

Prior Codifications

1973 Ed., § 25-115.

1981 Ed., § 25-313.

Section References

This section is referenced in § 25-101, § 25-316, § 25-361, § 25-404, § 25-433, and § 25-446.