Code of the District of Columbia

§ 25–446.02. Settlement agreements — unenforceable provisions.

The Board shall not enforce the following provisions if included in a settlement agreement covered by this subchapter:

(1) Restraints on the ability of an applicant or existing licensee to operate its business, including:

(A) Requirements that the ANC or other community members approve future ownership changes;

(B) Requirements that the ANC or other community members be notified of intent to transfer ownership;

(C) Prohibitions against the applicant or existing licensee applying for a change in license class;

(D) A requirement that the applicant or existing licensee change the license class before selling the license;

(E) Requirements that prohibit the licensee from applying for changes to licensed operation procedures, including applications for summer gardens, sidewalk cafes, rooftop decks, entertainment endorsements, and changes of hours:

(F) Mandates regarding specific brands of alcohol or pricing for alcohol;

(G) Restrictions on the age of patrons; and

(H) Requirements that the applicant or existing licensee use a specific company for services;

(2) Statements that create administrative procedures in addition to those required by ABRA or any other District agency;

(3) A requirement that the applicant or existing licensee attend ANC meetings or other community meetings;

(4) Statements or requirements that the applicant or existing licensee:

(A) Provide money, special considerations, or other financial benefits to the community;

(B) Join any group; or

(C) Hire local individuals; and

(5) Any requirement that contracts, incident logs, or similar documents, be made available to the ANC or other community groups or members.


(May 1, 2013, D.C. Law 19-310, § 2(s), 60 DCR 3410.)

Section References

This section is referenced in § 25-446.

Emergency Legislation

For temporary (90 days) addition of this section, see § 2(s) 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).