(a) A license under § 25-371(b) may only be transferred to a location in the Central Business District or, if the licensee is currently located in a CM or M-zoned district, transferred within the same CM or M-zoned district, as identified in the zoning regulations of the District of Columbia and shown in the official atlases of the Zoning Commission of the District of Columbia; provided, that no license shall be transferred to any premises which is located:
(1) Six hundred feet or less from another licensee operating under § 25-371(b); and
(2) Six hundred feet from a building with a certificate of occupancy for residential use or a lot or building with a permit from the Department of Consumer and Regulatory Affairs for residential construction at the premises.
(a-1) On or after January 1, 2013, a class CN license with a nude dancing endorsement under § 25-371(b) shall not be transferred into Ward 5, as defined by [§ 1-1041.03]; provided, that this section shall not prohibit the transfer of an existing CN license with a nude dancing endorsement within Ward 5.
(b)(1) Notwithstanding the restrictions of subsection (a) and (a)(1) of this section, but subject to the provisions in subsection (a)(2) of this section, if a licensee was located in a CM or M-zoned district, in or within 2000 feet of the footprint of the Ballpark, as of January 1, 2006, or was located within the Skyland Development Project site as described in § 2-1219.19(c)(1) [repealed], as of January 1, 2007, then within one year of [October 18, 2007] a license may be transferred to:
(A) A location in any CM or M-zoned district, if the licensee was located in a CM or M-zoned district, respectively, as identified in the zoning regulations of the District of Columbia and shown in the official atlases of the Zoning Commission of the District of Columbia;
(B) A location in any CM-zoned district, if the licensee was located within the Skyland Development Project site; or
(C) In any C-3, C-4, or C-5 zone within 5000 feet from the Ballpark footprint.
(2) For the purposes of this subsection, the term “Ballpark” shall have the same meaning as provided in § 47-2002.05(a)(1)(A).
(c)(1) No more than 2 licensees may be transferred to any one ward pursuant to subsection (b) of this section.
(2) Licensees transferring to a C-4 zone shall not count against the ward limitations set forth in paragraph (1) of this subsection.
(d) Notwithstanding any other provision, licensees relocating pursuant to subsection (b) of this section shall not locate within 1,200 feet from each other.
(e) No portion of any establishment granted a license pursuant to subsection (b) of this section shall be located within 600 feet of a church, school, library, playground, or the area under the jurisdiction of the Commission of Fine Arts pursuant to §§ 6-611.01 — 6-611.02.
(f) All licensees shall consult the Advisory Neighborhood Commission in the area where the license is transferred pursuant to subsection (b) of this section regarding entering a settlement agreement with the community.
(g) Notwithstanding any other provision of this section, a license under subsection (b) of this section shall not be transferred prior to November 1, 2007, or to a location that has been rezoned by that date to a residential, C-1, or C-2 zoning district classification as identified in the Zoning Regulations of the District of Columbia.
Effect of Amendments
D.C. Law 17-24 designated the existing text as subsec. (a); and added subsecs. (b) to (g).
The 2013 amendment by D.C. Law 19-310 added (a-1); and substituted “settlement agreement” for “voluntary agreement” in (f).
For temporary (90 day) amendment of section, see § 2 of Moratorium on Establishments Which Permit Nude Dancing Emergency Act of 2012 (D.C. Act 19-302, February 21, 2012, 59 DCR 1671).
For temporary addition of (a-1) and amendment of (f), see § 2(l) of the Omnibus Alcoholic Beverage Regulation Emergency Amendment Act of 2012 (D.C. Act 19-597, January 14, 2013, 60 DCR 1001).
For temporary (90 days) amendment of this section, see § 2(l) of the Omnibus Alcoholic Beverage Regulation Congressional Review Emergency Act of 2013 (D.C. Act 20-52, April 22, 2013, 60 DCR 6372, 20 DCSTAT 1388).
Section 2 of D.C. Law 19-129 added subsec. (a-1) to read as follows:
“(a-1) Notwithstanding subsection (a) of this section, no class CN license with nude dancing shall be issued in or transferred into Ward 5, as defined by § 1-1041.03; provided, that this section shall not prohibit the transfer of an existing CN license with nude dancing within Ward 5.”.
Section 4(b) of D.C. Law 19-129 provided that the act shall expire after 225 days of its having taken effect.