307 WEST DUPONT CIRCLE MORATORIUM ZONE

307.1 A limit shall exist on the number of retailer's licenses issued in the area that extends approximately six hundred (600) feet in all directions from the intersection of 21st and P Streets, N.W., Washington, D.C., as follows: Class A - Two (2); Class B - Three (3); Class CR or Class DR - Twenty-One (21); Class CT or Class DT - Six (6); Class CN or DN - Zero (0); and Class CX or Class DX - Two (2). This area shall be known as the West Dupont Circle Moratorium Zone.

307.2 The West Dupont Circle Moratorium Zone is more specifically described as beginning at 22nd Street and Florida Avenue; North on Florida Avenue to R Street; East on R Street to 21st Street; South on 21st Street to Hillyer Place to 20th Street; South on 20th Street to Q Street; East on Q Street to Connecticut Avenue; Southeast on Connecticut Avenue to Dupont Circle; Southwest around Dupont Circle to New Hampshire Avenue; Southwest on New Hampshire Avenue to N Street; West on N Street to 22nd Street; North on 22nd Street to Florida Avenue.

307.3 All hotels, whether present or future, shall be exempt from the West Dupont Circle Moratorium Zone.

307.4 Nothing in this section shall prohibit the Board from approving the transfer of ownership of a retailer's license Class A, B, CR, CT, CX, DR, DT, or DX located within the West Dupont Circle Moratorium Zone, subject to the requirements of the Act and this title.

307.5 Nothing in this section shall prohibit the Board from approving the transfer of a license from a location within the West Dupont Circle Moratorium Zone to a new location within the West Dupont Circle Moratorium Zone.

307.6 A license holder outside the West Dupont Circle Moratorium Zone shall not be permitted to transfer its license to a location within the West Dupont Circle Moratorium Zone unless the transfer will not exceed the number of licenses permitted in the West Dupont Circle Moratorium Zone for that particular class or sub-class, as set forth in Section 307.1.

307.7 Subject to the limitation set forth in Section 307.8, nothing in this section shall prohibit the filing of a license application or a valid protest of any transfer or change of license class.

307.8 No Class CR or Class DR licensee in the West Dupont Circle Moratorium Zone shall be permitted to request a change of license class to CT, DT, CN, or DN.

307.9 A current holder of a retailer's license Class A, B, C, or D within the West Dupont Moratorium Zone shall not be permitted to apply to the Board for expansion of service or sale of alcoholic beverages into any adjoining or adjacent space, property, or lot, unless: (1) the prior owner or occupant has held within the last five (5) years a retailer's license Class

A, B, C, or D; or (2) the applicant is a Class CR or DR licensee and the prior owner or occupant has held during the last three (3) years, and continues to hold at the time of application, a valid restaurant license from the Department of Consumer and Regulatory Affairs. The number of substantial change applications approved by the Board for expansion of service or sale of alcoholic beverages into an adjoining or adjacent space, property, or lot, as allowed under this subsection, shall not exceed three (3) during the five (5) year period of the West Dupont Circle Moratorium Zone. Nothing in this section shall prohibit holders of a retailer's license Class C or D from applying for outdoor seating in public space.

307.10 This section shall expire on March 23, 2011.

SOURCE: Final Rulemaking published at 47 DCR 6215 (August 4, 2000); as amended by Final Rulemaking published at 51 DCR 4309 (April 30, 2004); as amended by Final Rulemaking published at 53 DCR 2191 (March 24, 2006); as amended by Final Rulemaking published at 55 DCR 12991 (December 26, 2008); as amended by Final Rulemaking published at 56 DCR 2945 (April 17, 2009).