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North Shaw Moratorium Zone Notice of Emergency and Proposed Rulemaking


Wednesday, June 12, 2024

The ABC Board voted on June 12th, 2024, to give notice of its intent to take final rulemaking action to adopt these rules on a permanent basis in not fewer than 30 days after the date of publication of this notice in the D.C. Register. The emergency rules shall take effect on June 12, 2024, and shall remain in effect for one hundred twenty (120) days, expiring on October 10, 2024, unless superseded by an emergency or final rulemaking.

The rules enacting the North Shaw Moratorium Zone are as follows:

  • No application for a new Retailer’s Class CN, DN, CT, DT, CX, or DX license shall be approved or issued in the North Shaw Moratorium Zone, which shall extend six hundred (600) feet in all directions from 1909 9th Street, N.W., Washington, DC 20001. This area shall be known as the North Shaw Moratorium Zone.
     
  • Any license application may be subject to additional review and measurement by the Board or ABCA to determine if the moratorium is applicable. Boundaries are detailed in the attachment.
     
  • No application for a new entertainment endorsement or change to an existing entertainment endorsement to have or add entertainment, a cover charge, or offer facilities for dancing filed by a licensee under a Retailer’s Class CR, DR, CT, or DT license shall be approved or issued in the North Shaw Moratorium Zone.
     
  • Nothing in this section shall prohibit the Board from approving the transfer of ownership of an establishment located in the North Shaw Moratorium Zone.
     
  • Nothing in this section shall prohibit the Board from approving the transfer of a license from a location within the North Shaw Moratorium Zone to a new location within the North Shaw Moratorium Zone.
     
  • A Retailer’s Class CN, DN, CT, DT, CX, or DX license, or Retailer’s Class CR, or DR license with an entertainment endorsement, located outside of the North Shaw Moratorium Zone shall not be permitted to transfer its license to a location within the North Shaw Moratorium Zone.
     
  • The Board shall not grant a change of license class application from a license holder located within the North Shaw Moratorium Zone for a Retailer’s Class CN, DN, CT, DT, CX, or DX license.
     
  • The moratorium imposed by this section shall have a prospective effect and not apply to any pending license or endorsement application that was filed with the agency on or before June 11, 2024.
     
  • This section shall expire three (3) years after the date of publication of the notice of final rulemaking in the DC Register.