405 LICENSE APPROVAL BEFORE ISSUANCE OF CERTIFICATE OF OCCUPANCY

405.1 The Board is authorized, in its discretion, to approve the granting of a license, subject to all other requirements of this title, to an applicant prior to the issuance of a certificate of occupancy for the building in which the licensed premises shall be located, if the Board finds to its satisfaction the following:

1. (a) That an applicant for a license has entered into a bona fide agreement with the owner of a building proposed to be constructed or remodeled;
2. (b) That, under the bona fide agreement, the applicant has agreed to lease, purchase, or otherwise occupy all or a portion of the building for the applicant's use in carrying on the business which would be authorized by the license;
3. (c) That the agreement provides that so much of the proposed building as is to be occupied for business purposes licensed under this chapter is to be constructed or remodeled in accordance with specifications set forth in the agreement;
4. (d) That the agreement describes the quarters as reasonably adequate and appropriate for the business to be carried on under the authority of the license;
5. (e) That the zoning of the premises to be licensed will allow the issuance of the license; and
6. (f) That the applicant shall not engage in the sale or service of alcoholic beverages until a certificate of occupancy and all other business licenses have been issued for the business.

405.2 An application for a license under § 405.1 shall be made on forms prescribed by the Board and shall include the following information:

1. (a) The street address of the establishment to be licensed or, in the case of new construction, the lot and square numbers of the ground upon which the establishment will be located; and
2. (b) The date on which the applicant plans to open the establishment.

405.3 A license approved by the Board under § 405.1 shall not be issued until the premises have been finally inspected by the Board or its staff, or until the applicant provides to the Board the following:

(a) A certificate of occupancy for the licensed premises;

(b) Copies of all necessary business licenses for the premises;

(c) Copies of all tax registration documents for the business; and

(d) Copies of an executed lease or deed for the licensed premises, provided, however, that the business terms of the lease including the rent may be redacted by the applicant.

405.4 Applicants for licensure under § 405.1 shall pay the appropriate license fee, as set forth in § 208 of this title, and approval by the Board shall remain effective until the end of the appropriate licensure period set out in § 207 of this title. If the applicant has not opened his or her business by the time the licensure period ends, the Board may, in its discretion, extend its approval through such further period as it deems proper upon payment by the applicant of all or any portion of the license renewal fee.

405.5 Notwithstanding § 405.4, the Board may, after holding a hearing, rescind its previously issued approval to an applicant under this section when: (1) the license is still pending issuance after two (2) or more years, and (2) the applicant no longer has legal authority to operate at the approved location.

SOURCE: Final Rulemaking published at 35 DCR 4947 (June 24, 1988); as amended by Final Rulemaking published at 51 DCR 4309 (April 30, 2004); as amended by Final Rulemaking published at 55 DCR 12991 (December 26, 2008); as amended by Final Rulemaking published at 64 DCR 1357 (February 10, 2017).