Application for approval of substantial change in operation.
Before making a substantial change in the nature of the operation of the licensed establishment, an applicant shall file with the Board an amendment to its application or last application, providing the information required on an application under § 25-402(a). If the Board determines that the proposed change to the nature of the operation is substantial: It shall provide notice of the licensee’s amended filing to the same persons and in the same manner required for license renewal applications in subchapter II of this chapter; and The applicant requesting approval of a substantial change shall demonstrate appropriateness as set forth in §§ 25-313 and 25-314. There shall be no presumption of appropriateness with respect to substantial change applications. If the applicant fails to demonstrate that the proposed change in the nature of operation is appropriate for the locality, section, or portion of the District where the establishment is located, the Board shall disapprove the proposed change. In determining whether the proposed changes are substantial, the Board shall consider whether they are potentially of concern to the residents or businesses surrounding the establishment. If proper notice has been given as provided under subchapter II of this chapter, and no objection to the appropriateness of the proposed substantial change in the nature of the operation of the establishment is filed with the Board during the protest period, the proposed change shall be presumed appropriate for the locality, section, or portion of the District where it is located.
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 1973 Ed., § 25-115. 1981 Ed., § 25-404. This section is referenced in § 25-101, § 25-313, § 25-316, § 25-361, § 25-421, § 25-431, § 25-601, and § 25-762.
Sourced from the DC Council Open Law Library (public domain).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.