§ 25-374 — Transfer of location of establishments which permit nude dancing.

(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 Buildings 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(b) [Repealed].

(c) [Repealed].

(d) [Repealed].

(e) [Repealed].

(f) [Repealed].

(g) [Repealed].

(1) Within 2 years of [June 30, 2022], a class CN retailer license with a nude dancing endorsement under § 25-371(b) whose lease within the Buzzard Point section of Ward 6 expired or otherwise became ineffective within 24 months prior to [June 30, 2022] shall be permitted to transfer its license to a new location; provided that, the applicant satisfies the requirements set forth in §§ 25-314 , 25-317 , 25-421 and 25-422 .

(2) Notwithstanding any other provision of this section, an application filed pursuant to this subsection shall permit the applicant to transfer its license and endorsement to any location in the Central Business District, or zoned D-2, D-3, D-4, [D-5], D-6, D-7, D-8, or [PDR-1 - PDR-7].

(3) The transfer of a CN license with a nude dancing endorsement pursuant to paragraph (1) of this subsection shall be approved within 2 years of [June 30, 2022].

(4) For the purposes of this subsection, the election ward boundaries in effect from January 1, 2012, through December 31, 2021, apply to the ward referenced in this subsection.

Legislative History

May 3, 2001, D.C. Law 13-298, § 101, 48 DCR 2959; Oct. 18, 2007, D.C. Law 17-24, § 2, 54 DCR 8011; May 1, 2013, D.C. Law 19-310, § 2(l), 60 DCR 3410