§ 25-311Title 25

General provisions — Qualification of establishment.

Unless expressly stated otherwise in this chapter, the applicant shall bear the burden of proving to the satisfaction of the Board that the establishment for which the license is sought is appropriate for the locality, section, or portion of the District where it is to be located; provided, that if proper notice has been given under subchapter II of Chapter 4, and no objection to the appropriateness of the establishment is filed with the Board, the establishment shall be presumed to be appropriate for the locality, section, or portion of the District where it is located. Before evaluating the appropriateness of the establishment for which the license is sought, the Board shall ensure that the applicant has complied fully with the notification requirements set forth in § 25-422 [repealed]. No license, except a solicitor’s license, shall be issued to an applicant unless the applicant has a valid certificate of occupancy for the premises in which the establishment is located and has all other licenses and permits required by law or regulation for its business. If a temporary license is sought for an outdoor event or a private residential home used for non-commercial purposes, the applicant shall not be required to provide a valid certificate of occupancy.

Annotations

Jan. 24, 1934, 48 Stat. 327, ch. 4, § 14
Aug. 25, 1937, 50 Stat. 802, 803, ch. 766, §§ 1, 2
June 15, 1938, 52 Stat. 691, ch. 396, § 3
June 29, 1953, 67 Stat. 103, ch. 159, § 404(e), (f)
Aug. 2, 1968, 82 Stat. 616, Pub. L. 90-450, title IV, § 404
Mar. 5, 1981, D.C. Law 3-146, § 4, 27 DCR 4753
Sept. 29, 1982, D.C. Law 4-157, §§ 8, 15, 29 DCR 3617
Mar. 8, 1984, D.C. Law 5-51, § 2(b)(4), (c), 30 DCR 5927
June 29, 1984, D.C. Law 5-97, § 2, 31 DCR 2556
Mar. 7, 1987, D.C. Law 6-217, § 9, 34 DCR 907
June 5, 1987, D.C. Law 7-7, § 2, 34 DCR 2640
Oct. 3, 1992, D.C. Law 9-174, § 2(b), (c), 39 DCR 5859
May 24, 1994, D.C. Law 10-122, § 2(f), 41 DCR 1658
Apr. 20, 1999, D.C. Law 12-261, § 2003(q)(2), 46 DCR 3142
Oct. 20, 1999, D.C. Law 13-39, § 2, 46 DCR 6548
May 3, 2001, D.C. Law 13-298, § 101, 48 DCR 2959
Sept. 30, 2004, D.C. Law 15-187, § 101(j), 51 DCR 6525
D.C. Law 15-187, in subsec. (c), deleted “or a temporary license” following “solicitor’s license”; and added subsec. (d).
1973 Ed., § 25-115.
1981 Ed., § 25-311.
This section is referenced in § 25-361.

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Sourced from the DC Council Open Law Library (public domain).

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