§ 25–351. Board-created moratoria.

(a) If the Board reasonably determines that it is in the public interest to do so based on the appropriateness standard set forth in subchapter II of this chapter, the Board may, by rule:

(1) Limit the number of licenses of any class to be issued;

(2) Declare a moratorium on the issuance of licenses of any class, or the issuance of amended licenses that constitute a substantial change, in any locality, section, or portion of the District; or

(3) Declare a moratorium in any locality, section, or portion of the District to limit the sale of products by licensees under an off-premises retailer license, class A and B.

(b) Any group with standing under § 25-601 may request the Board to issue regulations establishing the limit or declaring the moratorium. A moratorium issued by the Board under subsection (a)(1) or (a)(2) of this section shall have a prospective effect and shall not apply to existing licenses.

(c) A moratorium on the issuance of an amended license that constitutes a substantial change, in accordance with § 25-762, shall only be allowed in those geographical areas for which a limit or moratorium on the number of licenses in any class is in effect and shall apply to any application filed after May 3, 2001, for an amended license that would constitute a substantial change.

(d) No licensee or agent of any licensee shall be entitled to make a request under subsection (b) of this section.

(e) A moratorium shall be effective for 5 years from the date of final rulemaking, or for a lesser period as determined by the Board.

(f) If the Board acts on a moratorium request, a moratorium request for the same area, or an area covering substantially the same area, shall not be considered for 2 years from the date of the Board’s action.

(g) The requirements of this section shall not apply to solicitor’s licenses, manager’s licenses, caterer’s licenses, or to temporary licenses.