§ 25–601. Standing to file protest against a license.
(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.
§ 25–601.01. Certain documents to be made available.
An ANC, or citizens association meeting the requirements of § 25-601(3), may request from ABCA or the Board a copy of a contract to which a licensee is a party, an incident log kept by a licensee, or similar document, if obtained by ABCA or the Board pursuant to this title.
§ 25–602. Filing a protest — Timing and requirements.
(a) Any person objecting, under § 25-601, to the approval of an application shall notify the Board in writing of his or her intention to object and the grounds for the objection within the protest period.
(b) If the Board has reason to believe that the applicant did not comply fully with the notice requirements set forth in subchapter II of Chapter 4, it shall extend the protest period as needed to ensure that the public has been given notice and has had adequate opportunity to respond.
§ 25–603. Referendum process — General provisions. [Repealed]
Repealed.
§ 25–604. Application to initiate a referendum process. [Repealed]
Repealed.
§ 25–605. Referendum—ANC review of petition proposal and statement. [Repealed]
Repealed.
§ 25–606. Circulation of approved statement. [Repealed]
Repealed.
§ 25–607. Approval of petitions submitted to the Board. [Repealed]
Repealed.
§ 25–608. Licenses exempt from referendum process. [Repealed]
Repealed.
§ 25–609. ANC comments.
(a) The affected ANC shall notify the Board in writing of its recommendations, if any, and serve a copy upon the applicant or licensee not less than 7 calendar days before the date of the hearing. Whether the ANC participates as a protestant, the Board shall give great weight to the ANC recommendations as required by subchapter V of Chapter 3 of Title 1. The applicant or licensee shall have the opportunity to respond to the ANC recommendations in a manner to be prescribed in the rules adopted by the Board.
(b) In the event that an affected ANC submits a settlement agreement to the Board on a protested license application, the Board, upon its approval of the settlement agreement, shall dismiss any protest of a group of no fewer than 5 residents or property owners meeting the requirements of § 25-601(2) [§ 25-601(a)(2)]. The Board shall not dismiss a protest filed by another affected ANC, a citizens association, or an abutting property owner meeting the requirements of § 25-601(3) [§ 25-601(a)(3)] upon the Board’s approval of an ANC’s settlement agreement submission.
