(a) The affected ANC shall notify the Board in writing of its recommendations, if any, and serve a copy upon the applicant or licensee not less than 7 calendar days before the date of the hearing. Whether the ANC participates as a protestant, the Board shall give great weight to the ANC recommendations as required by subchapter V of Chapter 3 of Title 1. The applicant or licensee shall have the opportunity to respond to the ANC recommendations in a manner to be prescribed in the rules adopted by the Board.
(b) In the event that an affected ANC submits a settlement agreement to the Board on a protested license application, the Board, upon its approval of the settlement agreement, shall dismiss any protest of a group of no fewer than 5 residents or property owners meeting the requirements of § 25-601(2). The Board shall not dismiss a protest filed by another affected ANC, a citizens association, or an abutting property owner meeting the requirements of § 25-601(3) upon the Board’s approval of an ANC’s settlement agreement submission.
(May 3, 2001, D.C. Law 13-298, § 101, 48 DCR 2959; May 1, 2013, D.C. Law 19-310, § 2(w), 60 DCR 3410; May 2, 2015, D.C. Law 20-270, § 2(d), 62 DCR 1866.)
Effect of AmendmentsThe 2013 amendment by D.C. Law 19-310 rewrote the section.
The 2015 amendment by D.C. Law 20-270 substituted “ANC, a citizens association, or an abutting property owner” for “ANC or by a citizens association” in (b).
Emergency LegislationFor temporary amendment of section, see § 2(w) 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(w) 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).