PR 26-0739

 MURIEL BOWSER
     MAYOR
 June 3, 2026
 ‘The Honorable Phil Mendelson
 Chairman
 Councilofthe District of Columbia
 John A. Wilson Building
 1350 Pennsylvania Avenue, NW, Suite 504
 Washington, DC 20004
 Dear Chairman Mendelson:
 Enclosed for consideration and approval by the Council of the District of Columbia is a proposed
 resolution entitled the “Glover Park Moratorium Zone Approval Resolution of 2026.”
The proposed resolution would approve amendments to the Glover Park Moratorium Zone,
which responds to the concems of residents in that community regarding the impactsofnightlife-
related activity on the quality of life in the neighborhood. In addition to renewing the previously
imposed moratorium, the rules add an additional tavern license to the area.
Establishment of the moratorium will help preserve peace, order, and quiet in the area; protect
pedestrian and vehicular safety; prevent the overconcentration of licensed establishments; and
‘mitigate detrimental impacts on public safety.
If you have any questions on this matter, please contact Donovan Anderson, Chair, Alcoholic
 Beverage and Cannabis Board, at (202) 442-4423,
T urge the Council to take prompt and favorable action on the enclosed proposed resolution.
Sincerely,
    riel     Bywser
Enclosure
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                                                                 ~at the request of the Mayor
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 6  A PROPOSED RESOLUTION
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11  IN THE COUNCIL OF THE DISTRICT OF COLUMBIA
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16   To approve proposed final rules of the Alcoholic Beverage and Cannabis Board to
17  establish the Glover Park Moratorium Zone.
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19  RESOLVED, BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, that
20   this resolution may be cited as the "Glover Park Moratorium Zone Approval Resolution
21   of 2026".
22  Sec. 2. Pursuant to section 25-21 l(b)(2) of the District of Columbia Official
23   Code, the Council approves the proposed final rulemaking of the Alcoholic Beverage and
24   Cannabis Board to amend Chapter 3 (Limitation on Licenses) of Title 23 (Alcoholic
25   Beverages) of the District of Columbia Municipal Regulations to establish the Glover
26   Park Moratorium Zone, which was transmitted by the Mayor to the Council on XXXXX
27   YY, 2026, and a notice of proposed rulemaking for which was published in the District of
28   Columbia Register on April 17, 2026, at 73 DCR 6119.
29  Sec. 3. Transmittal.
30  The Council shall transmit a copy of this resolution, upon its adoption, to the
31   Mayor, the Chairperson of the Alcoholic Beverage and Cannabis Board, and the
32   Administrator of the Office of Documents and Administrative Issuances.
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33  Sec. 4. Fiscal impact statement.
34  The Council adopts the fiscal impact statement in the committee report as the
35   fiscal impact statement required by section 4a of the General Legislative Procedures Act
36   of 1975, approved October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a).
37  Sec. 5. Effective date.
38  This resolution shall take effect immediately.
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            ALCOHOLIC BEVERAGE AND CANNABIS ADMINISTRATION
                ALCOHOLIC BEVERAGE AND CANNABIS BOARD
                            NOTICE OF FINAL RULEMAKING
              as submitted to the Council for its review and approval pursuant to
                                  D.C. Official Code § 25-211
The Alcoholic Beverage and Cannabis Board (“Board”), pursuant to the authority set forth in
D.C. Official Code § 25-351(a), hereby gives notice of its adoption of the following amendments
to Section 308 (Glover Park Moratorium Zone) of Chapter 3 (Limitations on Licenses) of Title
23 (Alcoholic Beverages) of the District of Columbia Municipal Regulations (“DCMR”).
The rules extend the duration of the Glover Park Moratorium and allow one tavern license to be
issued in the Glover Park Moratorium Zone.
                                          Background
Under D.C. Official Code § 25-351(a)(2), the Board is authorized to adopt a moratorium on the
issuance of any classes of alcoholic beverage licenses in a locality, section, or portion of the
District.
A moratorium on the issuance of certain alcoholic beverage licenses has existed in the Glover
Park neighborhood for approximately the last thirty years. The current areas of the Glover Park
Moratorium Zone and the scope of the moratorium zone may be found in § 308 of Title 23 of the
DCMR. The current moratorium zone extends approximately 1,200 feet from 2436 Wisconsin
Avenue, N.W., Washington D.C., 20007, which is the location of Wisconsin Avenue Imports,
LLC, t/a Pearson’s Wine and Spirits, holder of a Retailer’s Class A License (ABRA License No.
100880). Within the moratorium zone, the issuance of new nightclub, multipurpose facility, and
tavern licenses (i.e., C/N, D/N, C/X, D/X, C/T, and D/T) are currently prohibited. The
moratorium zone does not apply to hotels or prohibit the transfer of liquor licenses within the
moratorium zone. The moratorium zone does prohibit the transfer of liquor licenses from
outside the zone into the zone.
The moratorium was most recently extended, for a three-year period, in 2023. In extending the
moratorium zone, the Board agreed with public comment that the moratorium zone had
improved peace, order, and quiet in the area by limiting certain license classes near highly
residential areas in the neighborhood. See Notice of Final Rulemaking, 70 DCR 3921 (Mar. 31,
2023). In addition, based on the large number of families in the neighborhood, the Board
determined that the addition of alcohol-focused businesses, such as nightclubs, taverns, and
similar establishments was inappropriate and would disrupt the ability of residents to enjoy peace
and quiet in their homes. Id. at 3922. The Board was also persuaded by testimony that public
street parking and public transportation was limited in the neighborhood. Id. Based on this
testimony, the Board found the renewal of the moratorium appropriate in accordance with D.C.
Official Code § 25-354(d).
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On December 1, 2025, Advisory Neighborhood Commission (“ANC”) 3B filed a written request
with the Board to continue the current moratorium with one change; specifically, ANC 3B
requested that the Board permit one new tavern liquor license to be issued in the moratorium
zone. The Board extended the existing moratorium without modification on March 25, 2026, on
an emergency basis.
                                          Public Hearing
In response to ANC 3B’s request to renew the Glover Park Moratorium Zone, the Board held a
public hearing on January 14, 2026, on the proposed extension, pursuant to D.C. Official Code §
25-354(a). Notice of the public hearing was published in the District of Columbia Register on
December 19, 2025, at 72 DCR 14029 and provided to the persons and entities required by D.C.
Official Code § 25-354(c) and 23 DCMR § 303.2. The Board received written testimony and
oral testimony from ANC 3B and the Glover Park Alliance. A summary of the testimonies is set
forth below.
Jackie Blumenthal, representative for ANC 3B, testified in support of the moratorium. Ms.
Blumental stated that the ANC supports adding a tavern license based on neighborhood support
for the additional license. She stated that since ANC 3B has a high number of residential homes,
the Commission only wants to permit one tavern license at a time to prevent neighborhood
disturbances. Ms. Blumenthal further stated that issues generally associated with operating a
tavern such as loud music playing during the early hours of the morning, parking congestion, and
increased foot traffic during late night hours, are a potential risk to peace, order, and quiet if too
many taverns are located in the neighborhood, but adding one tavern license to the community
would not likely have a detrimental impact. Ms. Blumenthal added that the ANC would also like
to prevent many of the existing restaurant establishments from converting to taverns at the same
time. Further, Ms. Blumenthal stated that the ANC will reconsider supporting an increase in
tavern licenses at the next moratorium renewal once this moratorium period concludes. Finally,
Ms. Blumenthal expressed concern that the Glover Park neighborhood has a limited amount of
public parking and stated that this makes Glover Park inappropriate as a late-night destination
because it would lead to drivers parking in the nearby residential areas and compete with
residents for parking.
ANC 3B’s written request to the Board also expressed concern that the absence of the
moratorium could have a negative impact on real property values. In particular, the ANC feared
that without a moratorium this could encourage an influx of taverns and nightclubs that would
change the character of the neighborhood and have a significant negative impact on property
rental rates.
Kate Dean, Executive Director of the Glover Park Alliance, testified in support of the
moratorium and allowing one tavern license. Nevertheless, she expressed concerns about the
overall restrictive nature of the moratorium. Ms. Dean stated that the Glover Park Alliance
administers funding and support to businesses in the Woodley Park Main Street program
including 80 storefront businesses in the community. In recent years, Ms. Dean testified, Glover
Park has experienced less foot traffic, a shift in the age demographic to an older demographic
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even though Glover Park is home to two colleges, a change in consumer spending habits to be
more conservative, and several more changes in behaviors affecting the economic life of the
community. She added that Glover Park has also experienced more businesses shuttering in
recent years. Ms. Dean stated that while the Glover Park Alliance supports adding an additional
tavern license, the Alliance advocates for a less restrictive moratorium to encourage new
businesses to enter the community and improve nightlife experiences in Glover Park.
                Emergency Rulemaking and Notice of Proposed Rulemaking
The current moratorium was scheduled to expire on March 31, 2026. The Board, in a 5 to 0 vote
on March 25, 2026, extended the moratorium on an emergency basis without modification. The
Notice of Emergency Rulemaking was published in the District of Columbia Register on May
15, 2026 at 7X DCR XXXX. The Notice of Proposed Rulemaking was published in the District
of Columbia Register on April 17, 2026 at 73 DCR 6119. No public comments were received
during the comment period.
                                          Board Action
In determining whether to adopt a moratorium, the Board considers whether the testimony and
evidence leads the Board to conclude that the moratorium is appropriate under at least two of the
factors found at D.C. Official Code § 25-313(b)(1)-(3), including the impact of establishments on
peace, order, and quiet; residential parking and vehicular and pedestrian safety; and real property
values.
After careful consideration of ANC 3B’s request and the testimony received orally and in
writing, the Board agrees with ANC 3B’s request to continue the moratorium and to make one
new tavern liquor license available. ANC 3B informed the Board that it seeks the continuance of
the moratorium based upon the negative impact of new alcohol licenses on residential parking,
real property values, and noise. The Board finds that the continuation of a moratorium in Glover
Park is appropriate. Based upon the testimony provided at the hearing, the Board determined
that the moratorium will help protect the neighborhood’s peace, order, and quiet; prevent
competition for limited parking spots; and protect against negative impacts on real property
values.
Although ANC 3B supports extending the Glover Park moratorium, it also supports permitting
one new tavern liquor license as part of the moratorium renewal because it believes the change
would have a minimal impact on the neighborhood. The Board further considered the testimony
of the Glover Park Alliance in support of the moratorium. The Board notes that a tavern liquor
license previously existed in the Glover Park moratorium area, but it was cancelled in 2018,
leaving the moratorium area with no taverns. The Board agrees with ANC 3B that permitting
one new tavern liquor license will have a minimal impact on the neighborhood. Based upon the
testimony provided at the hearing, the Board agrees that increasing the permitted number of
tavern liquor licenses by one would present a minimal risk to peace, order, and quiet, real
property values, and residential parking. Consequently, the proposed rulemaking modifies 23
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DCMR §§ 308.1, 308.9, and 308.10 to establish a cap on the total number of permitted taverns in
the moratorium zone at one.
The rules further require that the new tavern liquor license be a new business with a new
certificate of occupancy issued and a new trade name formed on or after April 1, 2026, as set
forth in 23 DCMR § 308.9. The purpose of this subsection is to prevent an existing retailer from
making a substantial change by converting its license from a restaurant or other retail license
type to a tavern for the purpose of merely holding the license in the hopes of later selling it
without adding a new tavern or new business to the Glover Park neighborhood.
                                       Final Rulemaking
On May 20, 2026, the Board voted to submit proposed final rules to the Council for its review
and approval pursuant to D.C. Official Code § 25-211(b)(1). Thereafter, on MONTH DAY,
2026, the Mayor, in accordance with D.C. Official Code § 25-211(b)(1), transmitted the
proposed final rules to the Council for its review and approval pursuant to the Glover Park
Moratorium Zone Rulemaking Approval Resolution of 2026.
In accordance with D.C. Official Code § 25-211(b)(2), and in consequence of the Council not
having taken action to approve or disapprove the proposed final rules before the end of the 90-
day review period provided by D.C. Official Code § 25-211(b)(2), the proposed final rules were
deemed approved by the Council on MONTH DAY, 2026. As such, the rules are now ripe for
the Board to take final action. Therefore, on MONTH DAY, 2026, the Board voted five (5) to
zero (0) to adopt the rules as final.
The rules will take effect five (5) days after this Notice of Final Rulemaking is published in the
District of Columbia Register.
The final rules adopted by the Board are as follows:
Section 308, GLOVER PARK MORATORIUM ZONE, of Chapter 3, LIMITATIONS ON
LICENSES, of Title 23 DCMR, ALCOHOLIC BEVERAGES, is amended to read as
follows:
Subsection 308.1 is amended to read as follows:
308.1  In the area that extends approximately one thousand two hundred feet (1,200 ft.)
               in all directions from 2436 Wisconsin Avenue, N.W., Washington, D.C. 20007:
               (a)    No new retailer’s license class CN, CX, DN, or DX shall be issued; and
               (b)    The number of retailer’s licenses class CT or DT shall not exceed one (1).
Subsection 308.9 is amended to read as follows:
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308.9        (a)    The Board may issue only one (1) new tavern license in the Glover Park
                    Moratorium Zone.
             (b)    To be eligible to be issued a tavern license, an applicant shall:
                    (1)     Be a new business or new entity with a new trade name formed on
                            or after April 1, 2026;
                    (2)     Have a new certificate of occupancy issued on or after April 1,
                            2026, for the establishment for which the license is sought; and
                    (3)     Not be the holder of a retailer license in the Glover Park
                            Moratorium Zone seeking to convert its existing license to a tavern
                            license.
A new Subsection 308.10 is added to read as follows:
308.10       This section shall expire three (3) years after the date of publication of the notice
             of final rulemaking in the District of Columbia Register.
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                       GOVERNMENT OF THE DISTRICT OF COLUMBIA
                             OFFICE OF THE ATTORNEY GENERAL
BRIAN L. SCHWALB
ATTORNEY GENERAL
LEGAL COUNSEL DIVISION
MEMORANDUM
TO:  Jonathan Berman
              General Counsel
              Alcoholic Beverage and Cannabis Administration
FROM:  Adele El-Khouri
              Deputy Attorney General
              Legal Counsel Division
DATE:  February 12, 2026
SUBJECT:    Legal Sufficiency Review of Glover Park Moratorium Proposed Rulemaking
            (AR-25-499)
_____________________________________________________________________________________
This memorandum responds to your request that the Office of the Attorney General conduct a legal
sufficiency review of the above-referenced rulemaking.
Title 25, Chapter 3, Subchapter IV of the D.C. Official Code authorizes the Alcoholic Beverage and
Cannabis Board to establish moratoria on the issuance of alcoholic beverage licenses. Pursuant to that
authority, these rules would renew the Glover Park Moratorium Zone, in response to a request by an
Advisory Neighborhood Commission and following the public hearing process prescribed by D.C. Official
Code § 25-354. We offered initial comments on these rules prior to the public hearing process; these rules
reflect revisions both from that process and from the public comments that followed.
The rulemaking, which incorporates changes we recommended and you approved, is legally sufficient. I
have attached a rulemaking transmittal form for your use. If you have any questions regarding this
memorandum, please contact Joshua A. Turner, Assistant Attorney General, Legal Counsel Division, at
(202) 442-9834, or me at (202) 262-6402.
AME/jat
                         1350 Pennsylvania Avenue, N.W., Suite 409, Washington, D.C. 20004
                               Phone (202) 262-6402 Email: adele.el-khouri@dc.gov