5435.1 Upon recognition by the Board of a properly filed protest at a roll call hearing, the geographic boundary of the protest shall be deemed the “section.” The applicant may select another geographic area permitted by this section. The applicant shall submit the alternative proposed boundaries to the Board and the protestants no later than ten (10) calendar days after the roll call hearing.

5435.2 Any protestant may object to the area and boundaries proposed by an applicant by filing a written objection with the Board no later than thirty (30) calendar days after receipt of the applicant’s proposed boundaries. The objection shall also be served on the applicant in accordance with the Act and this title. The objection shall state in detail the following:

1. (a) The reasons for objecting to the boundaries proposed by the applicant;
2. (b) The boundaries proposed by the protestant; and
3. (c) The reasons why the protestant’s boundaries should be adopted by the Board.

5435.3 The applicant may file a reply to the protestant’s objection within seven (7) days of receipt of the objection.

5435.4 Any protestant or applicant who makes a submission to the Board may forward written argument or documentary evidence to the Board in support of the boundaries he or she proposes.

5435.5 The Board shall determine, on a case-by-case basis, the size of the area relevant for the appropriateness review. In making this determination, the Board shall consider the overall characteristics of the area, including population, density, and general commercial and residential activities.

5435.6 For the purpose of determining the appropriateness of a license, the geographic areas to be considered by the Board shall be measured pursuant to § 101.1 and shall be as follows:

1. (a) A “locality,” which shall be the immediate neighborhood of the establishment and whose boundary shall be at a distance of six hundred feet (600 ft.) from the establishment;
2. (b) A “section,” whose boundary shall be at an area larger than the immediate neighborhood and whose boundary shall be at a distance of twelve

hundred feet (1,200 ft.) from the establishment; and

(c) A “portion,” whose boundary shall be at an area larger than a “section” and whose boundary shall be at a distance of eighteen hundred feet (1,800 ft.) from the establishment.

5435.7 In determining the area to be considered, the Board shall consider the overall characteristics of the alternative areas, including the following:

1. (a) The population and density of the areas surrounding the establishment;
2. (b) The general commercial and residential activities in the areas surrounding the establishment;
3. (c) Geographical factors, such as parks, rail lines, major thoroughfares, bodies of water, cemeteries, and unimproved or unused property, which may tend to define physically an area to be considered; and
4. (d) Historical patterns of commercial or residential activity leading to an identification of a given area as a distinct, generally recognized neighborhood, or larger area.

5435.8 The Board shall make a final decision on the boundaries without a hearing and based on the submissions received from the applicant and the protestant.

5435.9 The Board’s final decision shall be made and announced at the first status hearing for the application at issue unless no geographic boundary selection is made by the parties.

5435.10 In establishing a geographic boundary, including the designations of locality, section, or portion set forth in the Act or this chapter, the Board shall measure the specified distance in an arc from each corner of the building on which the licensed establishment is located, connecting the arcs by tangent lines.

SOURCE: Final Rulemaking published at 73 DCR 002136 (February 20, 2026).