(a) The Board shall consider an application to transfer a license to a new location according to the same standards and procedures as an application for an initial license and shall not presume appropriateness if a protest to the application is filed as set forth in Chapter 6.
(b)(1) Notwithstanding the requirements set forth in § 25-446(d), an applicant filing an application to transfer to a new location may petition the Board in writing to not have provisions of an existing settlement agreement applied at the new location.
(2) The Board shall consider the petition; provided, that the Board shall deem the request to be a substantial change subject to the notice requirements set forth in §§ 25-421 and 25-423.
(3) The burden shall be on the applicant to demonstrate to the satisfaction of the Board that the request will not adversely affect the locality, section, or portion of the District where the establishment is to be located under the appropriateness standards set forth in § 25-313 and that none of the provisions of the existing settlement agreement, or the agreement in its entirety, are applicable to the new location.
(4) The Board may amend, terminate, or maintain the existing settlement agreement at the new location.
(May 3, 2001, D.C. Law 13-298, § 101, 48 DCR 2959; May 2, 2015, D.C. Law 20-270, § 2(b)(2), 62 DCR 1866.)
The 2015 amendment by D.C. Law 20-270 designated the existing text as (a); and added (b).
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