THE PROTEST THE PROTEST PROCESSPROCESS

OVERVIEWOVERVIEW

ALCOHOLIC ALCOHOLIC BEVERAGE BEVERAGE

REGULATION REGULATION ADMINISTRATIONADMINISTRATIONTHE PROTEST PROCESSTHE PROTEST PROCESS

OVERVIEWOVERVIEW

WHAT IS A PROTEST?WHAT IS A PROTEST?

• A protest is a written statement A protest is a written statement in opposition to the issuance of a in opposition to the issuance of a liquor license in the District of liquor license in the District of Columbia. Columbia.

WHO CAN FILE A WHO CAN FILE A PROTEST?PROTEST?

• An abutting property owner. (sharing property An abutting property owner. (sharing property line to property line)line to property line)

• A group of no fewer than 5 residents or A group of no fewer than 5 residents or property owners of the District sharing property owners of the District sharing common grounds for their protests. common grounds for their protests.

• In a moratorium zone established under In a moratorium zone established under D.C. Official Code § 25-351, there must be D.C. Official Code § 25-351, there must be a group of no fewer than 3 residents or a group of no fewer than 3 residents or property owners of the District sharing property owners of the District sharing common grounds for their protests.common grounds for their protests.

WHO CAN FILE A WHO CAN FILE A PROTEST? Cont’d. PROTEST? Cont’d.

●● A citizens association that 1) is A citizens association that 1) is incorporated under the laws of the incorporated under the laws of the District of Columbia, 2) is located District of Columbia, 2) is located within the affected area, and 3) within the affected area, and 3) meets the following conditions:meets the following conditions:

• Membership in the citizens association is open Membership in the citizens association is open to all residents of the area represented by the to all residents of the area represented by the association; andassociation; and

• A resolution concerning the license A resolution concerning the license application has been approved in accordance application has been approved in accordance with the association’s articles of incorporation with the association’s articles of incorporation or bylaws at a duly called meeting, with notice or bylaws at a duly called meeting, with notice of the meeting being given at least 10 days of the meeting being given at least 10 days before the date of the meeting.before the date of the meeting.

WHO CAN FILE A WHO CAN FILE A PROTEST? Cont’dPROTEST? Cont’d

• An affected ANC;An affected ANC;• In the case of property owned by the In the case of property owned by the

District within a 600-foot radius of the District within a 600-foot radius of the establishment to be licensed, the Mayor;establishment to be licensed, the Mayor;

• Community/Civic Associations and Community/Civic Associations and Advisory Neighborhood Commissions must Advisory Neighborhood Commissions must include in their protest letter the date of include in their protest letter the date of their meeting and the vote that was taken their meeting and the vote that was taken regarding the protest of an application.regarding the protest of an application.

WHO CAN FILE A WHO CAN FILE A PROTEST? Cont’d.PROTEST? Cont’d.

• In the case of property owned by the In the case of property owned by the United States within a 600-foot United States within a 600-foot radius of the establishment to be radius of the establishment to be licensed, the designated custodian of licensed, the designated custodian of the property; or the property; or

• The Metropolitan Police Department The Metropolitan Police Department District Commander, or his or her District Commander, or his or her designee, in whose Police District the designee, in whose Police District the establishment resides.establishment resides.

WHAT CAN BE WHAT CAN BE PROTESTED?PROTESTED?

• Applications for a new license, the Applications for a new license, the transfer of a license to a new transfer of a license to a new location, the renewal of an existing location, the renewal of an existing license, substantial changes to the license, substantial changes to the nature of the operation of a nature of the operation of a licensed establishment, changes in licensed establishment, changes in current license class, and applying current license class, and applying for an entertainment endorsement.for an entertainment endorsement.

HOW DO I FILE A HOW DO I FILE A PROTEST?PROTEST?

● ● All protests must be in writing, must All protests must be in writing, must be be receivedreceived by the Board prior to the by the Board prior to the end of the protest period, and must end of the protest period, and must clearly state the grounds for the clearly state the grounds for the protest, i.e., why the matter being protest, i.e., why the matter being objected to is inappropriate under objected to is inappropriate under one or more of the appropriateness one or more of the appropriateness standards, which include: 1) adverse standards, which include: 1) adverse impact on the peace, order, and quiet impact on the peace, order, and quiet of the neighborhood; of the neighborhood;

HOW DO I FILE A HOW DO I FILE A PROTEST? PROTEST?

Cont’dCont’d• 2) adverse impact on real property 2) adverse impact on real property

values; and 3) adverse impact on values; and 3) adverse impact on residential parking needs and residential parking needs and vehicular and pedestrian safety. vehicular and pedestrian safety.

• All protests must be signed by the All protests must be signed by the protestants and contain the protestants and contain the protestant’s full name and mailing protestant’s full name and mailing address.address.

Peace, Order, and QuietPeace, Order, and Quiet

• Noise from licensed premises—any sound, noise, Noise from licensed premises—any sound, noise, or music of such intensity that it may be heard in or music of such intensity that it may be heard in any premises other than the licensed any premises other than the licensed establishment.establishment.

• Control of litter—the licensee under a retailer’s Control of litter—the licensee under a retailer’s license shall take reasonable measures to ensure license shall take reasonable measures to ensure that the immediate environs of the establishment that the immediate environs of the establishment , including adjacent alleys, sidewalks, or other , including adjacent alleys, sidewalks, or other public property immediately adjacent to the public property immediately adjacent to the establishment, or other property used by the establishment, or other property used by the licensee to conduct its business, are kept free of licensee to conduct its business, are kept free of litter.litter.

WHAT IS NOT A VALID WHAT IS NOT A VALID PROTESTPROTEST

• Not filed timely—Section 25-602. Filing a Not filed timely—Section 25-602. Filing a protest – timing and requirements. (a) Any protest – timing and requirements. (a) Any person objecting, under Sec. 25-601, to person objecting, under Sec. 25-601, to the approval of an application shall notify the approval of an application shall notify the Board in writing of his or her intention the Board in writing of his or her intention to object and the grounds for the to object and the grounds for the objection within the protest period. objection within the protest period.

• Letters of opposition without a signature.Letters of opposition without a signature.• Letters of designation without signatures Letters of designation without signatures

of each of the protestants.of each of the protestants.

WHERE DO I FILE A WHERE DO I FILE A PROTEST?PROTEST?

• The letter should be mailed, faxed, e-The letter should be mailed, faxed, e-mailed as a PDF file with a valid signature, mailed as a PDF file with a valid signature, or hand delivered to the following address:or hand delivered to the following address:

ALCOHOLIC BEVERAGE ALCOHOLIC BEVERAGE

CONTROL BOARDCONTROL BOARD

ADJUDICATION DIVISIONADJUDICATION DIVISION

1250 U Street, NW1250 U Street, NW

33rdrd Floor Floor

Washington, DC 20009Washington, DC 20009

WHEN CAN I FILE A WHEN CAN I FILE A PROTEST?PROTEST?

• All protests must be filed prior to the All protests must be filed prior to the end of the protest period. The last day end of the protest period. The last day of the protest period, or petition date, of the protest period, or petition date, can be found on the notice placards that can be found on the notice placards that licensees are required to post where it is licensees are required to post where it is visible to the public. You may also visible to the public. You may also contact the Licensing or Adjudication contact the Licensing or Adjudication Division of ABRA at 202/442-4423 to find Division of ABRA at 202/442-4423 to find out the last day of the protest period for out the last day of the protest period for a particular license application. a particular license application.

WHEN CAN I FILE A WHEN CAN I FILE A PROTEST?PROTEST?

• All protest are received and date stamped by All protest are received and date stamped by ABRA. The date used to determine the ABRA. The date used to determine the deadline is based on the petition deadline. deadline is based on the petition deadline. ABRA’s stamped date determines whether the ABRA’s stamped date determines whether the protest is filed timely. The stamp date by the protest is filed timely. The stamp date by the Postal service is not accepted.Postal service is not accepted.

• Placards are placed in the window of Placards are placed in the window of establishments for various reasons: Green—establishments for various reasons: Green—Substantial Change; Orange—New Substantial Change; Orange—New Application; Red—Renewal; and Yellow—Application; Red—Renewal; and Yellow—Suspension.Suspension.

NOTIFICATION/PLACARD NOTIFICATION/PLACARD INFORMATIONINFORMATION

●● The notice placards contain the following The notice placards contain the following information:information:

• Licensing information, i.e., the legal Licensing information, i.e., the legal name of the applicant, the trade name name of the applicant, the trade name of applicant, the street address of of applicant, the street address of establishment, the license class, the establishment, the license class, the description of the nature of the description of the nature of the operation of the establishment, etc.;operation of the establishment, etc.;

• The date the notice placards are The date the notice placards are required to be posted by the applicant, required to be posted by the applicant, or or the posting datethe posting date;;

NOTIFICATION/PLACARD NOTIFICATION/PLACARD INFORMATIONINFORMATION

The date of the final day of the The date of the final day of the protest period, or protest period, or the petition datethe petition date;;

The date of the roll call hearing, or The date of the roll call hearing, or the hearing datethe hearing date, during which the , during which the applicant and the protestant(s) are applicant and the protestant(s) are introduced to each other and to the introduced to each other and to the ABC Board and where the grounds ABC Board and where the grounds for the protest of the license for the protest of the license application are read to the public. application are read to the public.

CAN I FAX A LETTER OF CAN I FAX A LETTER OF PROTEST?PROTEST?

• Letters of Protest may be faxed or e-Letters of Protest may be faxed or e-mailed (electronic submission) as a mailed (electronic submission) as a PDF file with signatures of each PDF file with signatures of each protestant to the Alcoholic Beverage protestant to the Alcoholic Beverage Control Board (Fax: 202/442-9563). Control Board (Fax: 202/442-9563). The original letter of opposition The original letter of opposition must be mailed after the faxed or e-must be mailed after the faxed or e-mailed submission. mailed submission.

CAN A PERSON CAN A PERSON REPRESENT MY REPRESENT MY CONCERNS AT A CONCERNS AT A

HEARING?HEARING?• Yes! However, the Board requires that all Yes! However, the Board requires that all parties of record must attend the roll call parties of record must attend the roll call hearing. This means that at least five (5) or hearing. This means that at least five (5) or more of the protestants attend the Roll Call more of the protestants attend the Roll Call Hearing. If in a moratorium zone, three (3) or Hearing. If in a moratorium zone, three (3) or more protests attend the Roll Call Hearing.more protests attend the Roll Call Hearing.

• After the Roll Call Hearing, a designated After the Roll Call Hearing, a designated representative may be appointed by the representative may be appointed by the protestant/s to attend additional hearings. protestant/s to attend additional hearings.

• The designation must be in writing, The designation must be in writing, authorizing the designee to represent authorizing the designee to represent him/her; and must be available for the Board’s him/her; and must be available for the Board’s review at the time of the roll call hearing.review at the time of the roll call hearing.

THE ALCOHOLIC THE ALCOHOLIC BEVERAGE CONTROL BEVERAGE CONTROL

BOARDBOARD• There are seven (7) members on the Board. There are seven (7) members on the Board. • Each is a resident of the District of Columbia Each is a resident of the District of Columbia

from various parts of the City.from various parts of the City.• The Mayor, with the advice and consent of the The Mayor, with the advice and consent of the

DC City Council, appoints the Board members.DC City Council, appoints the Board members.• The Chairperson is selected by the Mayor, The Chairperson is selected by the Mayor,

with the advice and consent of the DC City with the advice and consent of the DC City Council.Council.

• All appointments are for a term of four (4) All appointments are for a term of four (4) years, except appointments made for the years, except appointments made for the remainder of unexpired terms.remainder of unexpired terms.

THE VARIOUS THE VARIOUS HEARINGSHEARINGS

• Roll CallRoll Call – – It is a non-adversarialIt is a non-adversarial proceeding held proceeding held by ABRA Staff who serves as the Board’s Agent at by ABRA Staff who serves as the Board’s Agent at which time a list of applications for the licensing which time a list of applications for the licensing actions and the names of protestants have filed an actions and the names of protestants have filed an objection to the issuance, renewal, transfer to a new objection to the issuance, renewal, transfer to a new location, and any substantial change to the operation location, and any substantial change to the operation of a licensed establishment is made. of a licensed establishment is made.

• Status – It is a non-adversarialStatus – It is a non-adversarial proceeding held by proceeding held by the Board at which the parties inform the Board of the Board at which the parties inform the Board of their progress in reaching a cooperative/voluntary their progress in reaching a cooperative/voluntary agreement.agreement.

• ProtestProtest – the adjudicatory proceeding held by the – the adjudicatory proceeding held by the Board, after receipt of a protest, to hear persons Board, after receipt of a protest, to hear persons objecting to, or in support of, the issuance of a license.objecting to, or in support of, the issuance of a license.

RESOLVING THE RESOLVING THE PROTESTPROTEST

• All parties are encouraged to resolve the All parties are encouraged to resolve the protest through a voluntary/cooperative protest through a voluntary/cooperative agreement. agreement.

• All parties are encouraged to resolve the All parties are encouraged to resolve the protest through the mediation protest through the mediation process/settlement conference.process/settlement conference.

• If a protest cannot be resolved by the If a protest cannot be resolved by the above avenues, the Board will hold an above avenues, the Board will hold an adjudicatory proceeding known as a adjudicatory proceeding known as a “protest hearing”. “protest hearing”.

THE PROTEST HEARINGTHE PROTEST HEARING

●● During a protest hearing, the applicant During a protest hearing, the applicant and the protestant(s) will present and the protestant(s) will present evidence and testimony regarding the evidence and testimony regarding the appropriateness of the licensing action. appropriateness of the licensing action. It is incumbent upon the protestant(s) to It is incumbent upon the protestant(s) to prove their case. prove their case.

●● The record shall close when a hearing is The record shall close when a hearing is concluded. Parties shall have 30 days concluded. Parties shall have 30 days after the conclusion of the hearing to after the conclusion of the hearing to submit proposed findings of fact and submit proposed findings of fact and conclusions of law to the Board.conclusions of law to the Board.

THE PROTEST HEARINGTHE PROTEST HEARING

• Within 90 days after the close of the record, Within 90 days after the close of the record, The Board shall issue its written decision The Board shall issue its written decision accompanied by findings of fact and accompanied by findings of fact and conclusions of law. The Board shall publish conclusions of law. The Board shall publish and maintain a compilation of its decisions and maintain a compilation of its decisions and orders.and orders.

• A petition for reconsideration, rehearing, A petition for reconsideration, rehearing, reargument, or stay of a decision or order reargument, or stay of a decision or order of the Board may be filed by a party within of the Board may be filed by a party within 10 days after the date of receipt of the 10 days after the date of receipt of the Board’s final order.Board’s final order.

HEARINGS OUTSIDE OF HEARINGS OUTSIDE OF THE PROTEST PROCESSTHE PROTEST PROCESS

• Fact FindingFact Finding – Prior to rendering a final – Prior to rendering a final decision on a licensing request or an ABRA decision on a licensing request or an ABRA investigative report, the Board may hold a fact-investigative report, the Board may hold a fact-finding hearing to obtain further information finding hearing to obtain further information from an applicant or licensee.from an applicant or licensee.

• Summary Suspension Summary Suspension – The Board may – The Board may suspend or restrict the license of the license. suspend or restrict the license of the license. Additionally, the Board may keep the licensee in Additionally, the Board may keep the licensee in the summary suspension proceeding to monitor the summary suspension proceeding to monitor the licensee to make a determination if the the licensee to make a determination if the conditions placed by the Board on the licensee conditions placed by the Board on the licensee are effective. are effective.

HEARINGS OUTSIDE OF HEARINGS OUTSIDE OF THE PROTEST PROCESSTHE PROTEST PROCESS

• Show CauseShow Cause – whenever the Board has – whenever the Board has reasonable cause to believe that any reasonable cause to believe that any license or permit should be revoked or license or permit should be revoked or suspended, it shall notify the person to suspended, it shall notify the person to whom the license or permit was issued by whom the license or permit was issued by personal service or certified mail at the personal service or certified mail at the last address recorded by the person with last address recorded by the person with the Board, citing that person appear before the Board, citing that person appear before the Board not less than thirty (30) days the Board not less than thirty (30) days thereafter. The notice shall state the time thereafter. The notice shall state the time and place set by the Board for the hearing.and place set by the Board for the hearing.

RETAILER’S CLASS OF RETAILER’S CLASS OF LICENSESLICENSES

• Class A – beer, wine, and spiritsClass A – beer, wine, and spirits• Class B – beer and wineClass B – beer and wine• Class C/R – restaurant – beer, wine, and Class C/R – restaurant – beer, wine, and

spiritsspirits• Class D/R – restaurant – beer and wineClass D/R – restaurant – beer and wine• Class C/T – tavern – beer, wine, and spiritsClass C/T – tavern – beer, wine, and spirits• Class D/T – tavern – beer and wineClass D/T – tavern – beer and wine• Class C/N – nightclub – beer, wine, and Class C/N – nightclub – beer, wine, and

spiritsspirits• Class D/N – nightclub – beer and wineClass D/N – nightclub – beer and wine

RETAILER’S CLASS OF RETAILER’S CLASS OF LICENSESLICENSES

• Class C/H – hotel – beer, wine, and Class C/H – hotel – beer, wine, and spiritsspirits

• Class D/H – hotel – beer and wineClass D/H – hotel – beer and wine• Class C/X – Arena, Multi-purpose facility Class C/X – Arena, Multi-purpose facility

(on premises without a stationery (on premises without a stationery location.) – beer, wine, and spiritslocation.) – beer, wine, and spirits

• Class D/X – Arena, Multi-purpose facility Class D/X – Arena, Multi-purpose facility (on premises without a stationery (on premises without a stationery location.) – beer and winelocation.) – beer and wine