§ 25-446.02 — Settlement agreements — unenforceable provisions.

District of Columbia § 25-446.02

• Jurisdiction: District of Columbia
• Title 25: Alcoholic Beverages. [Enacted title]
• Ch. 4: Application and Review Processes.
• Subch. IV: Review and Resolution Procedures.

Text

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 ABCA 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.

Legislative History

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