The Board shall not enforce the following provisions if included in a settlement agreement covered by this subchapter:
(1) Restraints on the ability of an applicant or existing licensee to operate its business, including:
(A) Requirements that the ANC or other community members approve future ownership changes;
(B) Requirements that the ANC or other community members be notified of intent to transfer ownership;
(C) Prohibitions against the applicant or existing licensee applying for a change in license class;
(D) A requirement that the applicant or existing licensee change the license class before selling the license;
(E) Requirements that prohibit the licensee from applying for changes to licensed operation procedures, including applications for summer gardens, sidewalk cafes, rooftop decks, entertainment endorsements, and changes of hours:
(F) Mandates regarding specific brands of alcohol or pricing for alcohol;
(G) Restrictions on the age of patrons; and
(H) Requirements that the applicant or existing licensee use a specific company for services;
(2) Statements that create administrative procedures in addition to those required by ABRA or any other District agency;
(3) A requirement that the applicant or existing licensee attend ANC meetings or other community meetings;
(4) Statements or requirements that the applicant or existing licensee:
(A) Provide money, special considerations, or other financial benefits to the community;
(B) Join any group; or
(C) Hire local individuals; and
(5) Any requirement that contracts, incident logs, or similar documents, be made available to the ANC or other community groups or members.
(May 1, 2013, D.C. Law 19-310, § 2(s), 60 DCR 3410.)
This section is referenced in § 25-446.
For temporary (90 days) addition of this section, see § 2(s) 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).
Structure District of Columbia Code
Title 25 - Alcoholic Beverages. [Enacted title]
Chapter 4 - Application and Review Processes
Subchapter IV - Review and Resolution Procedures
§ 25–441. Hearings — Continuances
§ 25–442. Hearings — Witnesses
§ 25–443. Subpoena of witnesses
§ 25–444. Protest hearings; parties identified
§ 25–446. Settlement agreements; approval process; penalties for violations
§ 25–446.01. Settlement agreements — enforceable provisions
§ 25–446.02. Settlement agreements — unenforceable provisions