District Of Columbia 2025-2026 Regular Session

District Of Columbia Council Bill PR26-0011 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	MURIEL BOWSER
2	2	MAYOR
3	3	October 2
4	4	4, 2024
5	5	The Honorable Phil Mendelson
6	6	Chairman
7	7	Council of the District of Columbia
8	8	1350 Pennsylvania Ave., N.W.
9	9	Washington, D.C. 20004
10	10	Dear Chairman Mendelson:
11	11	Enclosed for consideration and approval by the Council of the District of Columbia is a proposed
12	12	resolution entitled the “Adams Morgan Moratorium Zone Resolution of 2024.”
13	13	The proposed resolution would approve emergency and proposed rules that the District of
14	14	Columbia Alcoholic Beverage Control Board adopted on April 11, 2024, on a vote of three (3) to
15	15	zero (0) to amend section 304 of Title 23 of the DCMR. The proposed rules were published in
16	16	the DC Register on June 14, 2024, for a thirty (30) day comment period and no comments were
17	17	received. Thus, the rulemaking is ripe for Council review and
18	18	approval.
19	19	Specifically, this Adams Morgan Moratorium Zone emergency and proposed rulemaking renews
20	20	the moratorium for three (3) years, increases the cap on the number of permitted Retailer Class
21	21	CT or DT (tavern) licenses to sixteen (16), and maintains the moratorium on Retailer Class CN
22	22	or DN (nightclub) licenses.
23	23	If you have any questions on this matter, please contact Donovan Anderson, Chair, Alcoholic
24	24	Beverage and Cannabis Board, at (202) 442-4423.
25	25	Sincerely,
26	26	Muriel Bowser
27	27	Enclosures 1
28	28	2
29	29	3
30	30	4
31	31	5
32	32	6
33	33	7
34	34	8
35	35	9
36	36	10
37	37	11
38	38	12
39	39	13
40	40	14
41	41	15
42	42	16
43	43	17
44	44	18
45	45	19
46	46	20
47	47	21
48	48	22
49	49	23
50	50	24
51	51	25
52	52	26
53	53	27
54	54	28
55	55	29
56	56	30
57	57	31
58	58	~~
59	59	Chairman Phil Mendelson
60	60	at the request
61	61	of the Mayor
62	62	A PROPOSED RESOLUTION
63	63	IN THE COUNCIL OF THE DISTRICT OF COLUMBIA
64	64	To approve proposed final rules
65	65	of the Alcoholic Beverage Control Board to renew the
66	66	Adams Morgan Moratorium Zone.
67	67	RESOLVED, BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That
68	68	this resolution may be cited
69	69	as the "Adams Morgan Moratorium Zone Approval
70	70	Resolution
71	71	of 2024".
72	72	Sec.
73	73	2. Pursuant to section 25-211 (b )(2) of the District of Columbia Official
74	74	Code, the Council approves the proposed final rulemaking
75	75	of the Alcoholic Beverage
76	76	Control Board, which was submitted to the Council by the Mayor on October 24, 2024,
77	77	and a notice
78	78	of proposed rulemaking for which was published in the D.C. Register on
79	79	June 14, 2024 at
80	80	71 DCR 24, regarding the Adams Morgan Moratorium Zone.
81	81	Sec.
82	82	3. Transmittal.
83	83	The Council shall transmit a copy
84	84	of this resolution, upon its adoption, to the
85	85	Mayor, the Chairperson
86	86	of the Alcoholic Beverage and Cannabis Board, and the
87	87	Administrator
88	88	of the Office of Documents and Administrative Issuances.
89	89	Sec.
90	90	4. Fiscal impact statement.
91	91	1 2
92	92	The Council adopts the fiscal impact statement in the committee report as the 32
93	93	fiscal impact statement required by section 4a of the General Legislative Procedures Act 33
94	94	of 1975, approved October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1- 301.47a). 34
95	95	Sec. 5. Effective date. 35
96	96	This resolution shall take effect immediately. 36 1
97	97	ALCOHOLIC BEVERAGE AND CANNABIS ADMINISTRATION
98	98	ALCOHOLIC BEVERAGE AND CANNABIS BOARD
99	99	NOTICE OF FINAL RULEMAKING
100	100	as submitted to the Council for its review and approval pursuant to
101	101	D.C. Official Code § 25-211
102	102	The Alcoholic Beverage and C annabis Board (“Board”), pursuant to the authority set forth in
103	103	D.C. Official Code § 25-351(a) , and in accordance with S ection 6(c) of the District of Columbia
104	104	Administrative Procedure Act, effective October 21, 1968 (82 Stat. 1206; D.C. Official Code §
105	105	2-505(c)), hereby gives notice of the adoption, of the following amend ments to Section 304
106	106	(Adams Morgan Moratorium Zone) of C hapter 3 (Limitations on Licenses) of T itle 23
107	107	(Alcoholic Beverages) of the District of Columbia Municipal Regulations.
108	108	Specifically, the final rulemaking increases the cap on the number of permitted Retailer Class CT
109	109	or DT (tavern ) licenses to sixteen (16), maintains the moratorium on Retailer Class CN or DN
110	110	(nightclub) licenses and renews the Adams Morgan Moratorium Zone (“AMMZ”) for three (3)
111	111	years.
112	112	I._PROCEDURAL BACKGROUND
113	113	The moratorium was scheduled to expire on February 6, 2023. On January 7, 2023, the Board
114	114	received a resolution from Advisory Neighborhood Commission (ANC) 1C requesting a ninety
115	115	(90) day extension of the expiring moratorium to inform and consult with the residents of Adams
116	116	Morgan regarding the future of the moratorium. The resolution was adopted by ANC 1C at a
117	117	duly noticed public meeting held on January 4, 2023, by a vote of seven (7) to zero (0).
118	118	On February 1, 2023, the Board adopted the AMMZ Notice of Emergency Rulemaking, to
119	119	extend the moratorium until June 1, 2023, by a vote of six (6) to zero (0), and it became effective
120	120	on that date. The emergency rules were published in the D istrict of Columbia Register on March
121	121	24, 2023, at 70 DCR 003590.
122	122	On May 4, 2023, ANC 1C submitted a resolution requesting that the Board renew the
123	123	moratorium on Retailer Class CN or DN (Nightclub) licenses, but increase the number of
124	124	permitted Retailer Class CT or DT (Tavern) licenses to twenty-five (25) to be phased in with no
125	125	more than four (4) additional C lass CT or DT R etailer licenses available per year. The resolution
126	126	was adopted by ANC 1C at a duly noticed public meeting held on May 3, 2023, by a vote of
127	127	eight (8) to zero (0).
128	128	On May 24, 2023, the Board adopted the Adams Morgan Moratorium Zone Notice of Second
129	129	Emergency Rulemaking, to further extend the moratorium until September 21, 2023, by a vote of
130	130	five (5) to zero (0). The Board determined emergency action was necessary to extend the
131	131	AMMZ. The Board concluded that the appropriateness considerations that justified the prior
132	132	moratorium, pursuant to D.C. Official Code § 25- 351(a), likewise indicate that a temporary
133	133	extension is in the public interest. The additional time granted under the emergency rules
134	134	allowed the Board to hold a hearing and take public comment on the ANC 1C resolution. The 2
135	135	emergency rulemaking was published in the District of Columbia Register on July 14, 2023, at
136	136	70 DCR 009780.
137	137	On July 13, 2023, the Board held a hearing to receive public comment. Notice of the hearing was
138	138	published to the D istrict of Columbia Register on May 19, 2023, at 70 DCR 007089. At the
139	139	hearing, representatives from ANC 1C, the Adams Morgan Partnership Business Improvement
140	140	District (BID), the Kalorama Citizens Association (KCA), as well as several members of the
141	141	public testified before the Board. Prior to the hearing and until the record closed, the Board also
142	142	received numerous written comments from members of the public. See the Adams Morgan
143	143	Moratorium Zone Notice of Fifth Emergency and Proposed Rulemaking at __ DCR _____ (July
144	144	2024), for a complete summary of the comments received.
145	145	On August 16, 2023, the Board adopted the Adams Morgan Moratorium Zone Notice of Third
146	146	Emergency and Proposed Rulemaking to further extend the moratorium by a vote of four (4) to zero (0). The rulemaking (a) renewed the Adams Morgan Moratorium for three (3) years; (b)
147	147	increased the cap on the number of CT, DT, CX, and DX retailer licenses; and (c) maintained all
148	148	other restrictions in the existing moratorium. The emergency r ules were published in the D istrict
149	149	of Columbia Register on April 12, 2024, at 7 1 DCR 004238. The emergency rulemaking
150	150	superseded the emergency rules that the Board adopted on May 24, 2023, and expired on
151	151	December 14, 2023.
152	152	On December 13, 2023, the Board adopted the Adams Morgan Moratorium Zone Notice of
153	153	Fourth Emergency and Proposed Rulemaking and on April 11, 2024, the Board adopted the Adams Morgan Moratorium Zone Notice of Fifth Emergency and Proposed Rulemaking. The fifth emergency and proposed rules were published in the D.C. Register on June 14, 2024, for
154	154	notice and comment. The comment period ended on July 14, 2024, with the Board receiving no additional comments.
155	155	Upon the expiration of the public comment period, the Board transmitted the proposed rules to
156	156	the Council of the District of Columbia for the Council’s mandatory review period. Unlike the Board’s other rules, rulemakings to establish or amend moratoria do not require affirmative approval by the conclusion of the Council review period. See D.C. Official Code § 25-211(b).
157	157	The proposed final rulemaking did not include any substantive changes to the text of the emergency rulemaking.
158	158	However, because the emergency rules were set to expire during the pendency of the Council
159	159	review period, the Board adopted the Adams Morgan Moratorium Zone Sixth Notice of
160	160	Emergency Rulemaking on August 14, 2024, by a vote of three (3) to zero (0). This action was necessary to allow the emergency rulemaking to remain in effect while the Council reviews the final proposed rulemaking. The emergency rules shall remain in effect for one hundred twenty
161	161	(120) days, expiring on December 12, 2024, unless superseded by an emergency or final rulemaking. 3
162	162	II. THE BOARD’S DECISION TO ADOPT THE FINAL RULES
163	163	In accordance with D.C. Official Code § 25- 211(b)(2), these moratorium rules were deemed
164	164	approved on ___________, 2024, absent affirmative disapproval by the Council. As such, the
165	165	rules are now ripe for the Board to take final action. Therefore, on ______, 2024, the Board
166	166	voted three (3) to zero (0) to adopt the rules as final.
167	167	The rules will take effect five (5) days after the notice of final rulemaking is published in the
168	168	District of Columbia Register .
169	169	Chapter 3, LIMITATIONS ON LICENSES , of Title 23 DCMR, ALCOHOLIC
170	170	BEVERAGES, is amended to read as follows:
171	171	304 ADAM S MORGAN MORATORIUM ZONE
172	172	304.1 N o new Retailer’s License Class CN, CT, CX, DN, DT, or DX shall be issued for
173	173	a period of three (3) years from the effective date of final rules, in the area that
174	174	extends approximately eighteen hundred (1800) feet in all directions from 2459 18
175	175	th
176	176	St., N.W., Washington, D.C. 20009. This area shall be known as the Adams
177	177	Morgan Moratorium Zone.
178	178	304.2 T he Adams Morgan Moratorium Zone is defined as the area bound by a line
179	179	beginning at 18
180	180	th
181	181	Street and Vernon Street, NW, and proceeding on both sides of
182	182	all streets unless otherwise noted; w est on Vernon Street, NW to 19
183	183	th
184	184	Street, NW;
185	185	northwest on 19
186	186	th
187	187	Street, NW to Wyoming Avenue, NW; southwest on Wyoming
188	188	Avenue, NW to 20
189	189	th
190	190	Street, NW; northwest on 20
191	191	th
192	192	Street, NW to Belmont Road,
193	193	NW; west on Belmont Road, NW to Waterside Drive, NW; north on Waterside
194	194	Drive, NW to Allen Place, NW; east on Allen Place, NW to 20
195	195	th
196	196	Street, NW;
197	197	north on 20
198	198	th
199	199	Street, NW to Biltmore Street, NW ; north on Biltmore Street, NW to
200	200	Calvert Street, NW; east on Calvert Street, NW to Lanier Place, NW ; northeast on
201	201	Lanier Place, NW to Adams Mill Road, NW; northwest on Adams Mill Road,
202	202	NW and then northeast to Ontario Road, NW ; east on Ontario Road, NW to
203	203	Lanier Place, NW ; northeast on Lanier Place, NW to Quarry Road, NW ; southeast
204	204	on Quarry Road, NW to Columbia Road, NW ; northeast on Columbia Road, NW
205	205	to Mozart Place, NW ; south on Mozart Place, NW to Euclid Street, NW ; east on
206	206	Euclid Street, NW to 16
207	207	th
208	208	Street, NW; south on the w est side of 16
209	209	th
210	210	Street to
211	211	Florida Avenue; s outhwest on Florida Avenue to U Street, and w est on U Street,
212	212	NW to 18
213	213	th
214	214	Street, NW, Washington, D.C.
215	215	304.3 T he following license classes shall be exempt from the Adams Morgan
216	216	Moratorium Zone:
217	217	(a) All restaurants, whether present or future;
218	218	(b) All hotels, whether present or future; and 4
219	219	(c) Retailer's licenses Class A and B.
220	220	304.4 The number of Retailer’s licenses Class CT, CX, DT, or DX located within the
221	221	Adams Morgan Moratorium Zone shall not exceed sixteen (16). The number of
222	222	Retailer's licenses Class CN or DN shall not exceed zero (0). The holder of a
223	223	Retailer's license Class CR or DR located within the Adams Morgan Moratorium
224	224	Zone shall be prohibited from changing its license class except when the number
225	225	of Retailer's licenses Class CT, CX, DT, or DX in the Adams Morgan
226	226	Moratorium Zone is fewer than sixteen (16).
227	227	304.5 Nothing in this section shall prohibit the Board from approving the transfer of ownership of a retailer’s license Class CR, CT, CX, DR, DT, and DX within the
228	228	Adams Morgan Moratorium Zone that was in effect or for which an application was pending prior to the effective date of this section, subject to the requirements of Title 25 of the D.C. Official Code and this title.
229	229	304.6 Nothing in this section shall prohibit the Board from approving the transfer of a license from a location within the Adams Morgan Moratorium Zone to a new location within the Adams Morgan Moratorium Zone.
230	230	304.7 A license holder outside the Adams Morgan Moratorium Zone shall not be permitted to transfer its license to a location within the Adams Morgan Moratorium Zone, unless exempt by § 304.3.
231	231	304.8 Nothing in this section shall prohibit a valid protest of any transfer of a license or change of a license class.
232	232	304.9 The limitations imposed by this section shall not apply to any license granted
233	233	prior to the effective date of this section.
234	234	304.10 This section shall expire three (3) years after the date of publication of the notice of final rulemaking in the District of Columbia Register . Government of the District of Columbia
235	235	Office of the Chief Financial Officer
236	236	Glen Lee
237	237	Chief Financial Officer
238	238	1350 Pennsylvania Avenue, NW, Suite 203, Washington, DC 20004 (202)727-2476
239	239	www.cfo.dc.gov
240	240	MEMORANDUM
241	241	TO: The Honorable Phil Mendelson
242	242	Chairman, Council of the District of Columbia
243	243	FROM: Glen Lee
244	244	Chief Financial Officer
245	245	DATE: September 12, 2024
246	246	SUBJECT: Fiscal Impact Statement – Adams Morgan Moratorium Zone Approval
247	247	Resolution of 2024
248	248	REFERENCE: Draft Proposed Resolution as provided to the Office of Revenue
249	249	Analysis on September 11, 2024
250	250	Conclusion
251	251	Funds are sufficient in the fiscal year 2025 through fiscal year 2028 budget and financial plan to
252	252	implement the resolution.
253	253	Background
254	254	Since 2001, the District has had a moratorium zone in the Adams Morgan neighborhood for new
255	255	alcoholic beverage licenses for certain taverns (class CT or DT) and nightclubs (class CN or DN). Since
256	256	2015, restaurants, hotels, and class A or B retailers have been exempt from the moratorium zone.
257	257	1
258	258	The Alcoholic Beverage and Cannabis Administration (ABCA) enforces this moratorium.
259	259	The proposed resolution would approve emergency and proposed rules renewing the Adams Morgan
260	260	Moratorium Zone for an additional three years from the date of the rulemaking.
261	261	2 The rules modify
262	262	the cap on the number of tavern licenses, which is presently 10. However, there are currently 16
263	263	taverns with existing licenses in Adams Morgan. The rules increase the tavern license cap to 16. All
264	264	other features of the previous moratorium would be retained.
265	265	1
266	266	The Adams Morgan Moratorium Zone Approval Resolution of 2015, effective June 16, 2015 (Resolution 21-
267	267	130, 23 DCMR § 304).
268	268	2
269	269	Fifth Emergency and Proposed Rulemaking, 71 DCR 7113 (June 14, 2024). The Honorable Phil Mendelson
270	270	FIS: “Adams Morgan Moratorium Zone Approval Resolution of 2024”, Draft proposed resolution as provided
271	271	to the Office of Revenue Analysis on September 11, 2024
272	272	Page 2 of 2
273	273	Financial Plan Impact
274	274	Funds are sufficient in the fiscal year 2025 through fiscal year 2028 budget and financial plan to
275	275	implement the bill. ABCA can absorb the enforcement and oversight costs for the Adams Morgan
276	276	Moratorium Zone within its current resources. 2
277	277	GOVERNMENT OF THE DISTRICT OF COLUMBIA
278	278	O
279	279	FFICE OF THE ATTORNEY GENERAL
280	280	BRIAN L. SCHWALB
281	281	ATTORNEY GENERAL
282	282	LEGAL COUNSEL DIVISION
283	283	MEMORANDUM
284	284	TO: Tomás Talamante
285	285
286	286	Director
287	287	Office of Policy and Legislative Affairs
288	288	FROM: Megan D. Browder
289	289	Deputy Attorney General
290	290	Legal Counsel Division
291	291	DATE: September 11, 2024
292	292	SUBJECT: Legal Sufficiency Review – Dr aft “Adams Morgan Moratorium Zone Approval
293	293	Resolution of 2024”
294	294
295	295	(AE-23-159 F)
296	296	_____________________________________________________________________________________
297	297	This is to Certify that this Office has reviewed the above- referenced draft
298	298	legislation and found it to be legally sufficient. If you have any questions in this regard, please do
299	299	not hesitate to call me at (202) 724-5524.
300	300	_________________________________
301	301	Megan D. Browder