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The DC Code: § 25-354 Board review of moratorium request.

Index25 Alcoholic Beverage Regulation (Refs & Annos)
a
The Board shall hold a public hearing to review a proposed moratorium. The public hearing shall be in the nature of a rulemaking hearing under § 2-505 and not in the nature of a contested case under § 2-509.
b
At the public hearing, any interested person may appear to give oral or written testimony in support of, or in opposition to, the moratorium request.
c
In addition to receiving testimony from the public, the Board shall request formal comments from the following persons or agencies:
1
The Councilmembers within whose wards the requested moratorium area is located;
2
The ANCs within whose areas the requested moratorium area is located and any other ANC abutting the proposed moratorium area;
3
The Assistant City Administrator for Economic Development, or his or her designee;
4
The Office of Planning, or its successor agency; and
5
The District Commander of the Metropolitan Police Department in which the requested moratorium zone is located.
d
In deciding on a moratorium request, the Board shall consider the extent to which the testimony and comments show that the requested moratorium is appropriate under at least 2 of the appropriateness standards set forth in subchapter II of this chapter.
e
The Board may grant the moratorium request in one or more of the following ways:
1
In whole or in part;
2
By enlarging or decreasing the moratorium area; or
3
By limiting the moratorium to no more than one class of license.
f
The Board may deny the moratorium request in its entirety.
g
The decision of the Board shall be final and shall be issued in writing, including each member's vote.

Historical and Statutory

D.C. Law 13-298 amended and enacted into law Title 25 of the District of Columbia Official Code. Effect of Amendments D.C. Law 15-187, in par. (2) of subsec. (c), substituted "is located and any other ANC abutting the proposed moratorium area" for "is located". Legislative History of Laws For D.C. Law 13-298, see notes following § 25-101. For Law 15-187, see notes following § 25-101. DC CODE § 25-354 Current through December 11, 2012

Credits

(May 3, 2001, D.C. Law 13-298, § 101, 48 DCR 2959; Sept. 30, 2004, D.C. Law 15-187, § 101(q), 51 DCR 6525.)