Standing to file protest against a license.
Effective Mar 6, 2026May 3, 2001, D.C. Law 13-298, § 101, 48 DCR 2959; Oct. 26, 2001, D.C. Law 14-42, § 6(d), 48 DCR 7612; Sept. 30, 2004, D.C. Law 15-187, § 101(x), 51 DCR 6525; Mar. 2, 2007, D.C. Law 16-191, § 47(a), 53 DCR 6794; May 1, 2013, D.C. Law 19-310, § 2(u), 60 DCR 3410; Feb. 21, 2020, D.C. Law 23-52, § 2(d); Mar. 22, 2023, D.C. Law 24-332, § 5; Mar. 6, 2026, D.C. Law 26-96, § 2(e)
(a) The following persons may protest the issuance or renewal of a license, the approval of a substantial change in the nature of operation as determined by the Board under § 25-404, or the transfer of a license to a new location:
(1)
- (A) An abutting property owner;
- (B) For the purposes of this paragraph, the term "abutting property" means any property where the property line has a boundary or boundary point in common with the property line of the licensed establishment.
- (2) A group of no fewer than 5 residents or property owners of the District sharing common grounds for their protest; provided, that in a moratorium zone established under § 25-351 (or in existence as of May 3, 2001), a group of no fewer than 3 residents or property owners of the District sharing common grounds for their protest;
(3) A citizens association incorporated under the laws of the District of Columbia located within the affected area; provided, that the following conditions are met:
- (A) Membership in the citizens association is open to all residents of the area represented by the association; and
- (B) A resolution concerning the license application has been duly approved in accordance with the association’s articles of incorporation or bylaws at a duly called meeting, with notice of the meeting given to the voting body and the applicant at least 7 days before the date of the meeting;
- (4) An affected ANC;
- (5) In the case of property owned by the District within a 600-foot radius of the establishment to be licensed, the Mayor;
- (6) In the case of property owned by the United States within a 600-foot radius of the establishment to be licensed, the designated custodian of the property; or
- (7) The Metropolitan Police Department District Commander, or his or her designee, in whose Police District the establishment resides.
(b)
- (1) Except as provided in paragraph (2) of this subsection, an individual or entity that holds a valid wholesaler's license, manufacturer's license, or retailer's license shall not be permitted to protest the issuance or renewal of a license, the approval of a substantial change in the nature of operation, as determined by the Board under § 25-404, or the transfer of a license to a new location.
- (2) An individual who resides in the neighborhood where the establishment is to be licensed and who holds a wholesaler's license, manufacturer's license, or retailer's license may protest the issuance or renewal of a license, the approval of a substantial change in the nature of operation, as determined by the Board under § 25-404, or the transfer of a license to a new location if the individual otherwise has standing pursuant to subsection (a)(1) or (2) of this section.
- (c) For the purposes of this section, an application for a streatery, sidewalk café, or summer garden endorsement or license shall be considered to be a substantial change in operation.
History
May 3, 2001, D.C. Law 13-298, § 101, 48 DCR 2959
Oct. 26, 2001, D.C. Law 14-42, § 6(d), 48 DCR 7612
Sept. 30, 2004, D.C. Law 15-187, § 101(x), 51 DCR 6525
Mar. 2, 2007, D.C. Law 16-191, § 47(a), 53 DCR 6794
May 1, 2013, D.C. Law 19-310, § 2(u), 60 DCR 3410
Feb. 21, 2020, D.C. Law 23-52, § 2(d)
Mar. 22, 2023, D.C. Law 24-332, § 5
Mar. 6, 2026, D.C. Law 26-96, § 2(e)
Delegation of Authority
Delegation of Authority to the Director of the Office of Property Management to Protest the Issuance or Renewal of Alcoholic Beverage Licenses Pursuant to D.C. Official Code § 25-601(5)(2001), see Mayor’s Order 2004-182, November 9, 2004 ( 51 DCR 11351).
Emergency Legislation
For temporary (90 days) amendment of this section, see § 2(u) of the Omnibus Alcoholic Beverage Regulation Congressional Review Emergency Act of 2013 (D.C. Act 20-52, April 22, 2013, 60 DCR 6372, 20 DCSTAT 1388).
For temporary addition of a section designated as § 25-601.01, concerning certain documents to be made available, see § 2(v) of the Omnibus Alcoholic Beverage Regulation Emergency Amendment Act of 2012 (D.C. Act 19-597, January 14, 2013, 60 DCR 1001).
For temporary amendment of section, see § 2(u) of the Omnibus Alcoholic Beverage Regulation Emergency Amendment Act of 2012 (D.C. Act 19-597, January 14, 2013, 60 DCR 1001).
For temporary (90 day) amendment of section, see § 6(d) of Technical Amendments Emergency Act of 2001 (D.C. Act 14-108, August 3, 2001, 48 DCR 7622).
For temporary (90 days) amendment of this section, see § 2(e) of Streatery Program Endorsements and Protest Process Emergency Amendment Act of 2025 (D.C. Act 26-220, Dec. 19, 2025, 73 DCR 31).
Effect of Amendments
The 2013 amendment by D.C. Law 19-310 deleted “a new owner license renewal” following “§ 25-404” in the introductory language; and substituted “meeting given to the voting body and the applicant at least 7 days before the date of the meeting” and a semicolon for “meeting being given at least 10 days before the date of the meeting” and a closing period in (3)(B).
D.C. Law 16-191, in the introductory language, inserted “or” preceding “the transfer”.
D.C. Law 15-187 deleted “, or initiate a referendum as set forth in § 25-604” following “new location” in the lead-in language; and rewrote par. (3) which had read as follows: “(3) A citizens association incorporated under the laws of the District of Columbia located within the affected area;”.
D.C. Law 14-42 validated the previously made technical correction in par. (2).
Section References
This section is referenced in § 25-211, § 25-351, § 25-421, § 25-601.01, § 25-602, and § 25-609.