Code of the District of Columbia

§ 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(b) [Repealed].

(c) [Repealed].

(d) [Repealed].

(e) [Repealed].

(f) [Repealed].

(g) [Repealed].

(h)(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.

(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; Oct. 30, 2018, D.C. Law 22-165, § 2(c)(8), 65 DCR 9366; Apr. 5, 2021, D.C. Law 23-269, § 501(m)(1), 68 DCR 001490; June 30, 2022, D.C. Law 24-127, § 2(c)(8), 69 DCR 005071; Mar. 22, 2023, D.C. Law 24-332, § 5, 70 DCR 1582.)

Effect of Amendments

D.C. Law 17-24 designated the existing text as subsec. (a); and added subsecs. (b) to (g).

The 2013 amendment by D.C. Law 19-310 added (a-1); and substituted “settlement agreement” for “voluntary agreement” in (f).

Applicability

Section 7276 of D.C. Law 24-45 repealed the applicability provision of section 601 of D.C. Law 23-269 that impacted this section. Therefore the amendment of this section by Law 23-269 has been implemented.

Emergency Legislation

For temporary (90 day) amendment of section, see § 2 of Moratorium on Establishments Which Permit Nude Dancing Emergency Act of 2012 (D.C. Act 19-302, February 21, 2012, 59 DCR 1671).

For temporary addition of (a-1) and amendment of (f), see § 2(l) 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(l) 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).

Temporary Legislation

Section 2 of D.C. Law 19-129 added subsec. (a-1) to read as follows:

“(a-1) Notwithstanding subsection (a) of this section, no class CN license with nude dancing shall be issued in or 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 nude dancing within Ward 5.”.

Section 4(b) of D.C. Law 19-129 provided that the act shall expire after 225 days of its having taken effect.