Alcohol and medical cannabis business license applications, with some exceptions, can be protested by eligible parties and for specific reasons.
Key dates for steps in the protest process and instructions are included on the Notice of Public Comment which must be posted on two separate placards on the exterior of the proposed location for the duration of the 45-day public comment period. Notices are also emailed to affected ANCs and Councilmembers, published in the DC Register and are also published and searchable on ABCA’s website.
The key steps of the protest process are detailed below.
Key Steps of the Medical Cannabis Protest Process
- Protest filing.
- A party submits a written protest to ABCA by the deadline date.
- Roll Call Hearing.
- The Board’s agent determines if the complainant has the required standing. Parties with standing become “protestants”. Dates for subsequent steps in the process are set during this session.
- Mediation
- During this session, the Board’s agent attempts to resolve concerns between the protestant and applicant.
- Status Hearing
- Parties come before the ABC Board to discuss the status of the protest.
- Protest Hearing
- An adjudicatory proceeding where the ABC Board receives evidence and testimony. Each party has 90-minutes to present their case including cross-examination. Parties must submit Protest Information Forms detailing evidence and witness they plant to introduce at least seven days before the hearing date. Board determinations are detailed in a written Order within 60-days if a new license application and 90-days for all other application types.
In lieu of a hearing, protests may be resolved by the mutual agreement of the parties to enter into a settlement agreement approved by the ABC Board, which may govern the operations of the establishment.
- An adjudicatory proceeding where the ABC Board receives evidence and testimony. Each party has 90-minutes to present their case including cross-examination. Parties must submit Protest Information Forms detailing evidence and witness they plant to introduce at least seven days before the hearing date. Board determinations are detailed in a written Order within 60-days if a new license application and 90-days for all other application types.
Continuances
- A party that fails to appear at a required hearing may have their application or protest dismissed. If a party knows they cannot appear, the party should request a continuance before the hearing at least six (6) days before the hearing. If a party cannot appear or file a timely continuance, they should contact ABCA before the hearing to notify the agency of the absence or find a substitute representative to appear.
- The ABC Board may accept an emergency continuance request in violation of the filing deadline; however, parties file such a request at the risk that the ABC Board may not grant it if the circumstances do not warrant it and risk dismissal of their case.
- ABCA General Counsel’s office may grant a continuance without ABC Board approval at its discretion when the parties consent to a continuance, and especially if the purpose of the continuance is to permit an ANC vote or to allow for the completion of a Settlement Agreement. Parties sending in a joint request for a continuance should include communication from the other parties that they agree to the continuance and include the other parties in the continuance request sent to ABCA. The Office of General Counsel requests that parties notify the agency of joint continuance requests as early as possible to avoid unnecessary mandatory filings by the parties and appearances before the Board. Please note that the Office of General Counsel may not approve a joint continuance request based on factors such as the schedule of the Board and the prior history of continuances in a specific matter.
Filing Documents
Any paperwork related to the protest, such as a motion, PIF, etc., must be submitted to ABCA’s Legal Division by email at [email protected] (strongly encouraged), in-person, or by mail. Filings also need to be provided to all parties of the protest.
Filings must include original signatures. Motion responses should be filed within seven (7) days and replies to responses should be filed within three (3) days.
Filings must include original signatures. Motion responses should be filed within seven (7) days and replies to responses should be filed within three (3) days.