Title 23 DCMR — ALCOHOLIC BEVERAGES

23-1 PROVISIONS OF GENERAL APPLICABILITY

23 DCMR § 100 EXTENSION OF EXPIRATION DATES OF PROTESTED LICENSES

100.1 Licenses that have been made the subject of protest hearings shall be extended as provided by this section.

100.2 If the Board has not issued a decision on the matter, and the license has expired, the license shall continue in effect until such time as the Board has rendered a final decision.

100.3 In the case of protested applications for renewal of a license, the license shall continue in effect until the Board has rendered a final decision.

100.4 In the case of protested applications for a transfer to a new location, the license shall continue in effect only for purposes of the original location, and operations at the new location shall be prohibited until the Board has rendered a final decision.

History

• SOURCE: Commissioners’ Order 66-829; as published as 3 DCRR § 2.2(b); as amended by the Alcoholic Beverage Control Board Rules of Procedures Amendments of 1980, effective March 5, 1981 (D.C. Law 3-146; 27 DCR 4753 (October 31, 1980)); as amended by Final Rulemaking published at 35 DCR 4947, 4959 (June 24, 1988); as amended by Final Rulemaking published at 51 DCR 4309, 4320 (April 30, 2004); as amended by Final Rulemaking published at 55 DCR 12991, 13002 (December 26, 2008 – Part 2); as amended by Final Rulemaking published at 66 DCR 1822 (February 8, 2019). District of Columbia Municipal Regulations Alcoholic Beverages 23 DCMR § 100

23 DCMR § 101 DELINEATION OF GEOGRAPHIC BOUNDARIES

101.1 In establishing a geographic boundary, including the designations of locality, section, or portion set forth in the Act or this title, the Board shall measure the specified distance in an arc from each corner of the building on which the licensed establishment is located, connecting the arcs by tangent lines.

101.2 In establishing the distance between one or more places, (such as the actual distance of one licensed establishment from another or the actual distance of a licensed establishment from a school), the distance shall be measured linearly by the Board and shall be the shortest distance between the property lines of the places.

101.3 If a boundary line measured by the Board touches upon any portion of a parcel or lot, the parcel or lot shall be within the area being identified by the Board.

History

• SOURCE: Commissioners’ Order66-872; as published as 3 DCRR § 2.8; as amended by the Alcoholic Beverage Control Board Rules of Procedures Amendments of 1980, effective March 5, 1981 (D.C. Law 3-146; 27 DCR 4753 (October 31, 1980)); as amended by Final Rulemaking published at 35 DCR 4947, 4959 (June 24, 1988); as amended by Final Rulemaking published at 51 DCR 4309, 4320 (April 30, 2004); as amended by Final Rulemaking published at 55 DCR 12991, 13002 (December 26, 2008 – Part 2). District of Columbia Municipal Regulations Alcoholic Beverages 23 DCMR § 101

23 DCMR § 102 COMPUTATION OF TIME

102.1 In computing any period of time specified in this title, the day of the act, event, or default shall not be counted, and the last day of the period shall be counted unless it is a Saturday, Sunday, legal holiday, or day on which ABRA is officially closed, in which event the time period shall continue until the next day that is not a Saturday, Sunday, legal holiday, or day on which ABRA is not closed.

History

• SOURCE: Commissioners’ Order published August 30, 1953; as published as 3 DCRR § 2.13(d); as amended by the Alcoholic Beverage Control Board Rules of Procedures Amendments of 1980, effective March 5, 1981 (D.C. Law 3-146; 27 DCR 4753 (October 31, 1980)); as amended by Final Rulemaking published at 35 DCR 4947, 4959 (June 24, 1988); as amended by Final Rulemaking published at 51 DCR 4309, 4320 (April 30, 2004); as amended by Final Rulemaking published at 55 DCR 12991, 13002 (December 26, 2008 – Part 2). District of Columbia Municipal Regulations Alcoholic Beverages 23 DCMR § 102

23 DCMR § 199 DEFINITIONS

199.1 When used in this title, the following terms and phrases shall have the meanings ascribed:

ABRA - the Alcoholic Beverage Regulation Administration.

Act - Title 25, D.C. Code Enactment and Related Amendments Act of 2001.

ANC - an Advisory Neighborhood Commission.

Applicant - a person who has made an application for licensure or for a permit, and who has an application pending before the Board.

Back-up drinks - shall include second drinks served as part of a “two-for-one” promotion, second drinks served just prior to last call, and second drinks provided complimentary by the licensee or purchased by other patrons. Except as provided in the preceding sentence, back-up drinks shall not include two (2) different drinks served together such as a beer or a shot or any other industry drink that can be considered a shot and a mixer. The prohibition against back-up drinks shall also not apply to the service of wine with a meal where the patron has not finished a previously served cocktail, nor shall it apply to containers of alcoholic beverages served in accordance with 23 DCMR § 721.

Board - the Alcoholic Beverage Control Board.

Board-approved manager – a person, other than the owner, who is licensed by ABRA and is required to be on duty and on the premises during the approved licensed hours of sales, service, and consumption of alcoholic beverages.

Bottle service - the service of alcoholic beverages in any container holding multiple servings of alcoholic beverages.

Customer - the event host who contracts for catering services.

Date of Adjudication – The date a Board Order is issued in an enforcement action where there is a finding of liability; the date of payment of a fine resulting from a citation or a staff settlement; or the date of the Board’s acceptance of an offer in compromise.

Date of Violation – The date on which the infraction was committed, as listed on the relevant case report.

Entertainment - live music or any other live performance conducted by an actual person or persons, including but not limited to: live bands, karaoke, comedy shows, poetry readings, and disc jockeys. The operation of a jukebox, a television, a radio, or other prerecorded music shall not be considered entertainment.

Fact-finding hearing - a hearing held by the Board to obtain further information from an applicant in response to either (1) a licensing request or (2) an investigation conducted by ABRA.

Full-service grocery store –

A self-service retail establishment independently owned or part of a corporation operating a chain of retail establishments under the same trade name that:

(i) Is licensed as a grocery store under § 47-2827; and

(ii) Offers for sale a full line of food products that includes at least six (6) of the seven (7) following food categories:

(a) Fresh fruits and vegetables,

(b) Fresh and uncooked meats, poultry and seafood;

(c) Dairy products;

(d) Canned foods;

(e) Frozen foods;

(f) Dry groceries and baked goods; and

(g) Non-alcoholic beverages.

(B) A “full-service grocery store” in subparagraph (A) may include related service departments, such as a bakery, pharmacy, or flower shop, as well as departments that offer household products and sundries.

(C) A retail establishment shall meet the primary business and purpose standard described in Title 25 of the D.C. Official Code if (1) a minimum of fifty percent (50%) of the store’s square feet of selling area is dedicated to the sale of the food categories listed in (A)(ii) above; or (2) a minimum of six thousand (6,000) square feet of the store’s selling area is dedicated to the sale of the food categories listed in (A)(ii) above.

(D) A retail establishment that meets either standard set forth in subparagraph (C) must also dedicate a minimum of five percent (5%) of the store’s selling area set aside for the sale of food items listed in subparagraph (A) to each of six (6) of the seven (7) food categories listed in subsection (A)(ii).

(E) The term “selling area” means the area in a retail establishment that is open to the public and does not include storage areas, preparation areas, or rest rooms.

(F) The definition of “full-service grocery store” contained in this subsection shall apply to license applications being considered by the Board for approval on or after January 14, 2013.

Instant Case – The case currently before the Board that is pending adjudication. The date of violation in the instant case controls the beginning point of the review period.

Legitimate theater – the premises in which the principal business shall be the operation of live theatrical, operatic, or dance performances, the operation of recreational facilities, the viewing of motion picture films, or such other lawful adult entertainment as the Board, giving due regard to the convenience of the public and the strict avoidance of sales prohibited by Title 25 of D.C. Official Code, shall classify as a legitimate theater.

Letter of information - a written request from the Board for further factual information in response to a request for an advisory opinion.

Licensure period - the period of time between the authorized beginning and expiration dates for each license.

Menu - any presentation, whether written, spoken, or visual, of food offerings regularly available in a restaurant.

Offer in Compromise – A negotiation between the Government and the Respondent to settle the charges brought by the Government for those violations committed by the Respondent in the instant case.

OTR - Office of Tax and Revenue

Placards - written notices posted at an establishment for the purpose of notifying the public of action involving a license.

Primary American source - the manufacturer, distiller, rectifier, vintner or importer of the brand of alcoholic beverages at the time that the beverage became a marketable product in the United States, or its duly authorized agent.

Prior Adjudication – Violations that have been adjudicated and can therefore be counted for purposes of computing violation history.

Problem event - disruptive activity or conduct at a catered location that adversely affects one or more of the appropriateness standards set forth in D.C. Official Code § 25-313.

Review Period – The period of time immediately preceding the date of violation, as established by statute. Cases adjudicated during the review period are counted for purposes of computing a licensee’s violation history.

Roll call hearing – the proceeding specified in a placard posted at an applicant’s premises. It is at this hearing that the applicant and the protestant(s) are introduced to each other and where the grounds for objection to the license application are read to the public.

Safekeeping hearing – the proceeding held by the Board to determine whether reasonable cause exists to extend the period that a license is held in safekeeping or whether the license should be cancelled.

Service – unless the context indicates a different meaning, the term means to directly or indirectly provide, give, furnish, or distribute for the consumption of alcoholic beverages.

Solicitor – a person licensed by ABRA who is a representative of the wholesaler or manufacturer whose name appears on the solicitor’s license and who is permitted to sell alcoholic beverages on behalf of the wholesaler or manufacturer.

Sports wagering – shall have the same meaning as in D.C. Official Code § 36-601.01(c)(17).

Staff Settlement - An agreement offered by ABRA to the Respondent to voluntarily resolve a violation in order for the Respondent to avoid further legal action.

Stipulated license - a temporary license issued to an applicant who has received a written letter of support from the ANC where the establishment is located that complies with the Board procedures set forth in § 200.1. This type of license shall be issued to the applicant only after the time that placards have been posted by the establishment and shall expire when the applicant receives a permanent license or is protested by an entity with standing under D.C. Official Code § 25-601, whichever comes first.

Status hearing - the proceeding where the parties inform the Board of their progress in attempting to resolve the contested case through informal negotiations. It is at this hearing where the parties can request the Board to schedule the contested case for an official settlement conference or a protest hearing.

Title - Title 23 of the District of Columbia Municipal Regulations.

Violation - An infraction or breach of the law or regulation.

Violation History - The number of primary and secondary tier adjudications that were finalized during the relevant review period.

History

• SOURCE: Final Rulemaking published at 35 DCR 4947, 4959 (June 24, 1988); as amended by § 3 of the District of Columbia Alcoholic Beverage Control Act Brew Pub License Amendment Act of 1991, effective August 17, 1991 (D.C. Law 9-40; 38 DCR 4974, 4976 (August 9, 1991)); as amended by Final Rulemaking published at 44 DCR 3503a (June 20, 1997); as amended by Final Rulemaking published at 51 DCR 4309, 4320 (April 30, 2004); as amended by Final Rulemaking published at 55 DCR 12991, 13002 (December 26, 2008 – Part 2); as amended by Final Rulemaking published at 60 DCR 11574 (August 9, 2013); as amended by Final Rulemaking published at 63 DCR 8877 (June 24, 2016); as amended by Final Rulemaking published at 64 DCR 1357 (February 10, 2017); as amended by Final Rulemaking published at 66 DCR 1822 (February 8, 2019); as amended by Final Rulemaking published at 67 DCR 14479 (December 11, 2020); as amended by Final Rulemaking published at 68 DCR 7410 (July 30, 2021). District of Columbia Municipal Regulations Alcoholic Beverages 23 DCMR § 199

23-2 LICENSE AND PERMIT CATEGORIES

23 DCMR § 200 STIPULATED LICENSE

200.1 An applicant who has submitted a completed license application for a manufacturer’s, wholesaler’s, or retailer’s license may obtain a stipulated license under the following conditions:

The applicant has applied for or holds a manufacturer’s, wholesaler’s, or retailer’s license;

The applicant has submitted a stipulated license application; and

The applicant has submitted written correspondence signed by an ANC officer where the applicant’s premises is located stating that the ANC has voted with a quorum present to either support or not to object to the issuance of a stipulated license during the forty-five (45)-day protest period.

200.2 The holder of a retailer’s license, class C or D, may also apply to the Board for a stipulated license in accordance with § 200.1 for any amendment or endorsement to its license that is determined by the Board to be a substantial change, including a stipulated sidewalk café, summer garden, or entertainment endorsement.

200.3 The applicant must stop serving or selling alcoholic beverages under the stipulated license if a valid protest is filed during the forty-five (45)-day protest period.

History

• SOURCE: Final Rulemaking published at 51 DCR 4309 (April 30, 2004); as amended by Final Rulemaking published at 55 DCR 12991, 13004 (December 26, 2008 – Part 2); as amended by Final Rulemaking published at 60 DCR 11580 (August 9, 2013); as amended by Final Rulemaking published at 68 DCR 7421 (July 30, 2021). District of Columbia Municipal Regulations Alcoholic Beverages 23 DCMR § 200

23 DCMR § 201 TEMPORARY OPERATING RETAIL PERMIT

201.1 The purchaser of an ABC licensed establishment that seeks to continue business operations authorized by the purchased license while awaiting Board approval on a transfer of ownership application where there is no substantial change to the licensed premises may apply to the Board for a permit to temporarily operate under the purchased license pursuant to the following conditions:

The transfer application must be filed with or before the application for temporary authority;

The subject premises must not have been closed nor the sale or service of alcoholic beverages discontinued during the thirty (30) days immediately prior to the filing of the permit application; and

That no substantial changes to the licensed premises will occur.

201.2 An applicant for a temporary operating retail permit shall complete an application provided by the Board that at a minimum shall include:

The name of the applicant;

The license number;

The name of the current licensee;

The address of the licensed premises; and

(e) A signed statement that no substantial change to the licensed premises will occur.

201.3 The holder of the temporary operating retail permit may purchase alcoholic beverages only by payment drawn upon the permit holder’s bank account and such payment may be made by check, currency, electronic funds transfer, or other type of immediate transfer of money on or before delivery of the alcoholic beverages to the premises, unless the permit holder already holds another retail license.

201.4 The temporary operating retail permit shall be valid until the applicant’s transfer application is either granted or denied by the Board or until the permit is cancelled or suspended by the Board pursuant to § 201.6.

201.5 Notwithstanding § 201.4, no temporary operating retail permit shall be valid for longer than ninety (90) calendar days unless extended by the Board for good cause.

201.6 The temporary operating retail permit may, after a hearing, be cancelled or suspended at any time, if the Board determines that good cause exists for the cancellation or suspension of the permit.

History

• SOURCE: Final Rulemaking published at 51 DCR 4309 (April 30, 2004); as amended by Final Rulemaking published at 55 DCR 12991, 13005 (December 26, 2008 – Part 2); as amended by Final Rulemaking published at 68 DCR 7421 (July 30, 2021). District of Columbia Municipal Regulations Alcoholic Beverages 23 DCMR § 201

23 DCMR § 202 PUBLIC AUCTION PERMIT

202.1 A public auction permit shall authorize the following persons to auction alcoholic beverages for sale at a Board-approved location for purchase by other licensees or members of the public:

A licensee that is going out of business or whose license has been cancelled, revoked, or not renewed by the Board; or

An involuntary transfer license holder.

History

• SOURCE: Final Rulemaking published at 68 DCR 7421 (July 30, 2021). District of Columbia Municipal Regulations Alcoholic Beverages 23 DCMR § 202

23 DCMR § 203 PERSONAL AUCTION PERMIT

203.1 A personal auction permit shall authorize the holder of the permit to auction for sale the personal alcoholic beverage stock of an individual or his or her estate at a Board-approved location for consumption off-premises by the purchasing party.

203.2 A personal auction permit to sell alcoholic beverages at an estate sale may be obtained by either an off-premises retailer or wholesaler licensed to carry the products being sold or an individual or corporate entity without an ABC license. However, a personal auction permit to sell an individual’s own private alcoholic beverage stock not related to an estate sale must be obtained by an off-premises retailer or wholesaler licensed to carry the products being sold.

History

• SOURCE: Final Rulemaking published at 68 DCR 7421 (July 30, 2021). District of Columbia Municipal Regulations Alcoholic Beverages 23 DCMR § 203

23 DCMR § 204 PUBLIC AND PERSONAL AUCTION PERMIT RESTRICTIONS

204.1 Any purchased barrel, keg, sealed bottle, or other closed container purchased at auction shall not be opened, or the contents consumed, at the approved location.

204.2 An auction permit issued in accordance with §§ 202 and 203 shall not be issued for more than two (2) consecutive days.

204.3 An auction permit issued in accordance with §§ 202 and 203 shall not be issued more than once a year to an individual or corporate entity that does not hold an ABC license.

204.4 Before an auction is held, the holder of an auction permit issued in accordance with §§ 202 and 203 shall provide to the Board written notice of:

The date, time and place of the auction; and

The inventory of the alcoholic beverages to be auctioned.

History

• SOURCE: Final Rulemaking published at 68 DCR 7421 (July 30, 2021). District of Columbia Municipal Regulations Alcoholic Beverages 23 DCMR § 204

23 DCMR § 205 NONPROFIT CORPORATION WINE PERMIT

205.1 A nonprofit corporation wine permit shall allow the retail sale of wine at auction, provided the auction is held as part of a fundraising event to benefit the organization’s tax-exempt activities. Each permit shall allow the sale of wine at a single auction only.

205.2 The Board shall not grant a nonprofit corporation more than two (2) nonprofit corporation wine permits in a calendar year.

205.3 Wine sold at auction must be purchased or donated from or through the holder of a manufacturer’s, wholesaler’s or retailer’s license.

205.4 A nonprofit corporation wine permit may be issued in conjunction with a temporary license. However, wine purchased at auction shall not be opened, or the contents consumed, at the auction site.

History

• SOURCE: Final Rulemaking published at 51 DCR 4309 (April 30, 2004); as amended by Final Rulemaking published at 55 DCR 12991, 13005 (December 26, 2008 – Part 2); as amended by Final Rulemaking published at 68 DCR 7421 (July 30, 2021). District of Columbia Municipal Regulations Alcoholic Beverages 23 DCMR § 205

23 DCMR § 206 RETAILER PURCHASING PERMIT

206.1 A retailer purchasing permit shall allow the holder of an off-premises retailer’s license, class A or B, AI or BI, distillery pub endorsement, wine pub endorsement, or brew pub endorsement to sell spirits, wine, or beer to the public at the premises of the holder of an on-premises retailer’s license, class C or D, or temporary license for off-premises consumption.

206.2 Alcoholic beverages purchased at the Board-approved location from the holder of an off-premises retailer’s license, class A or B, AI or BI, distillery pub endorsement, wine pub endorsement, or brew pub endorsement under a retailer purchasing permit shall not be opened or consumed at the Board-approved location.

206.3 The holder of a retailer purchasing permit may remove closed containers of beer, wine, or spirits from the Board-approved location, but shall not remove opened containers of beer, wine, or spirits from the Board-approved location. This subsection shall also apply to customers who purchase or receive alcoholic beverages at the Board-approved location.

206.4 A retailer purchasing permit shall not be issued for more than four (4) consecutive calendar days.

History

• SOURCE: Final Rulemaking published at 45 DCR 8183 (November 20, 1998); as amended by Final Rulemaking published at 51 DCR 4309 (April 30, 2004); as amended by Final Rulemaking published at 55 DCR 12991, 13006 (December 26, 2008 – Part 2); as amended by Final Rulemaking published at 60 DCR 11580 (August 9, 2013); as amended by Final Rulemaking published at 68 DCR 7421 (July 30, 2021). District of Columbia Municipal Regulations Alcoholic Beverages 23 DCMR § 206

23 DCMR § 207 DISPOSAL PERMIT

207.1 A disposal permit shall allow the holder of a retailer’s license who has had its license cancelled or revoked or is going out of business to sell or transport its remaining alcoholic beverages to a wholesaler or retailer located in the District or licensed under the law of any state or territory of the United States.

207.2 Alcoholic beverages sold under a disposal permit shall be delivered either to the purchasing wholesaler or retailer’s licensed location or to another Board-approved location within the District.

207.3 A disposal permit issued under this section shall expire within thirty (30) days of issuance by the Board.

History

• SOURCE: Final Rulemaking published at 51 DCR 4309 (April 30, 2004); as amended by Final Rulemaking published at 55 DCR 12991, 13006 (December 26, 2008 – Part 2); as amended by Final Rulemaking published at 68 DCR 7421 (July 30, 2021). District of Columbia Municipal Regulations Alcoholic Beverages 23 DCMR § 207

23 DCMR § 208 TASTING PERMITS FOR SAMPLING ALCOHOLIC BEVERAGES

208.1 The holder of an off-premises retailer’s license, class A or B who is issued a tasting permit may utilize a portion of the licensed premises for the sampling of alcoholic beverages, during its hours of sales and service unless restricted by Board order or settlement agreement.

208.2 The holder of an off-premises retailer’s license, class AI, who is issued a tasting permit may use a portion of the licensed premises for the sampling of authorized alcoholic beverages during its hours of sales and service; provided that the tastings are:

Not open to the public; and

Limited to temporary and festival license holders and caterers.

208.3 The holder of an off-premises retailer’s license, class BI, who is issued a tasting permit may use a portion of the licensed premises for the sampling of wine and beer during its hours of sales and service; provided that the tastings are:

Not open to the public; and

Limited to temporary and festival license holders.

208.4 The holder of a manufacturer’s license, class A, B, or C, who is issued a tasting permit may utilize a portion of the licensed premises for the sampling of authorized alcoholic beverages between the hours set forth in D.C. Official Code § 25-118(e).

208.5 The holder of a wholesaler’s license, class A or B, who is issued a tasting permit may utilize a portion of the licensed premises for the sampling of authorized alcoholic beverages, between the hours set forth in D.C. Official Code § 25-118(f)(1) provided that the tastings are:

Not open to the public;

For the purpose of educating staff and introducing products to licensees; and

Limited to the following:

Retailers;

Manufacturers;

Temporary and festival license holders;

Solicitors; and

Wholesaler staff.

208.6 The holder of an off-premises retailer’s license, class AI or BI, or wholesaler’s license, class A or B, or a private collector, who is issued a tasting permit may also offer samplings of alcoholic beverages at a designated common area in a storage facility, provided that the licensee is a tenant of the storage facility and the tastings are closed to the public.

208.7 No licensee may offer the sampling of alcoholic beverages without obtaining a tasting permit from the Board. A request for a tasting permit shall be in writing and shall:

State in detail the type of beverages to be offered in the sampling;

Include drawings of the premises indicating the areas where the sampling is to take place; and

State the hours and days during which the sampling is to take place.

208.8 Containers of alcoholic beverages used for sampling purposes shall be labeled as such and may not be sold.

208.9 A tasting permit issued under this section shall be valid for no longer than three (3) years. The permit shall expire on the same date as the applicant’s retailer’s, wholesaler’s, or manufacturer’s license.

208.10 The holder of a tasting permit shall be authorized to provide to one (1) customer in any one (1) day samples that do not exceed the following quantities:

Three ounces (3 oz.) of spirits;

Six ounces (6 oz.) of wine; and

Twelve ounces (12 oz.) of beer.

208.11 Notwithstanding § 208.10, a private collector who holds a tasting permit may offer samplings greater than six ounces (6 oz.) of wine; provided that the private collector does not serve the customer more than one two-ounce (2 oz.) sampling at a time.

History

• SOURCE: Final Rulemaking published at 68 DCR 7421 (July 30, 2021). District of Columbia Municipal Regulations Alcoholic Beverages 23 DCMR § 208

23 DCMR § 209 STORAGE FACILITY PERMIT

209.1 A storage facility permit shall allow the holder to establish a bonded warehouse in the District of Columbia as a storage facility for alcoholic beverages by the holder of a manufacturer’s license, class A, B, or C, wholesaler’s license, class A or B, retailer’s license, class A, B, C, or D, or a caterer’s license who possesses an off-premises storage permit, or for the accounts of other persons.

209.2 The holder of a storage facility permit shall be authorized to handle alcoholic beverages at the storage facility. The handling of alcoholic beverages under this subsection shall include the following:

Packaging and repackaging services;

Bottle labeling services;

Creating buckets or variety packs that may include non-alcoholic products; and

Picking, packing, and shipping alcoholic beverage orders directly to the consumer.

209.3 Alcoholic beverages stored in a storage facility may be removed from the storage facility only for the purpose of being:

Exported from the District;

Shipped or delivered to a holder of a manufacturer’s license, class A, B, or C, wholesaler’s license, class A or B, or retailer’s license, class A, B, C, or D;

Shipped or delivered to a catered event site;

Shipped or delivered to a consumer; or

Returned to a private collector who is a tenant.

209.4 The storage facility shall be physically secure, zoned for the intended use and physically separated from any other use.

209.5 Delivery of alcoholic beverages to a storage facility shall create a bailment in favor of the holder of a storage facility permit.

209.6 Warehousing of alcoholic beverages by any person other than a holder of a manufacturer’s license, class A, B, or C, wholesaler’s license, class A or B, retailer’s license, class A, B, C, or D, caterer’s license, or a private collector with a tenant agreement is prohibited.

209.7 A licensee may conduct other activities at the storage facility with the Board’s approval; except, that the licensee shall not be permitted to sell, serve, or allow the consumption of alcoholic beverages at the storage facility except as permitted by § 209 and D.C. Official Code § 25-118.

209.8 The holder of a storage facility shall post, in a conspicuous place, the following:

A warning sign, in accordance with the requirements set forth in § 719.1;

A copy of the storage facility permit; and

A copy of the manufacturer’s license, class A, B, or C, wholesaler’s license, class A or B, retailer’s license, class A, B, C, or D, or the caterer’s license in the licensed portion of the storage facility.

209.9 The holder of the storage facility permit shall, upon request, provide its permit to an ABRA investigator or member of the Metropolitan Police Department for inspection.

209.10 The holder of a storage facility permit shall maintain on the licensed premises, the following:

Three (3) years of records identifying the brand and quantity of alcoholic beverages being stored at the storage facility; and

The movement of alcoholic beverages to and from the storage facility over the past three (3) years.

209.11 The Board shall have the right to inspect the warehouse of a storage facility permit holder as and when it may deem necessary for the proper regulation of the storage of alcoholic beverages.

209.12 A storage facility permit shall be valid for three (3) years.

History

• SOURCE: Final Rulemaking published at 51 DCR 4309 (April 30, 2004); as amended by Final Rulemaking published at 55 DCR 12991, 13006 (December 26, 2008 – Part 2); as amended by Final Rulemaking published at 66 DCR 1822 (February 8, 2019); as amended by Final Rulemaking published at 68 DCR 7421 (July 30, 2021). District of Columbia Municipal Regulations Alcoholic Beverages 23 DCMR § 209

23 DCMR § 210 OFF-PREMISES STORAGE PERMIT

210.1 The holder of a manufacturer’s license, class A, B, or C, wholesaler’s license, class A or B, retailer’s license, class A, B, C, or D, or a caterer’s license shall obtain an off-premises storage permit to store alcoholic beverages at a storage facility approved by the Board.

210.2 An off-premises storage permit shall be valid for three (3) years.

History

• SOURCE: Final Rulemaking published at 68 DCR 7421 (July 30, 2021). District of Columbia Municipal Regulations Alcoholic Beverages 23 DCMR § 210

23 DCMR § 211 ALCOHOL CERTIFICATION PROVIDER PERMIT

211.1 A person or entity wishing to become an alcohol certification provider shall obtain an alcohol certification provider permit which shall allow the holder to provide an alcohol training and education certification program in the District of Columbia.

211.2 An alcohol certification provider permit shall be valid for three (3) years.

211.3 An alcohol certification provider shall include the following subjects in its alcohol and education training program:

(a) The effect of alcohol on the body and behavior, especially as to driving ability;

(b) Recognizing the problem drinker;

(c) Intervention techniques, involving methods of dealing with the problem customer who has had or is approaching the point of having had too much to drink;

(d) Methods of recognizing and dealing with underage customers;

(e) Prevention techniques involving effective identification and carding procedures, and methods to reasonably regulate the service of alcoholic beverages to patrons;

(f) Explanation of the Title 25, D.C. Code Enactment and Related Amendments Act of 2001 and this title;

(g) Advertising, promotion, and marketing of alcoholic beverages; and

(h) Explanation that alcoholism is a chronic, progressive disease and that treatment is available through clinical providers and mutual support groups.

211.4 Independent contractors, private individuals, or educational institutions which seek approval to provide alcoholic beverage server training shall proceed as follows:

(a) Submit a letter of intent to the ABRA Director which must include a copy of all training materials, curriculum, and examinations, along with the annual fee set forth in § 216.1 for the entire three (3)-year permit period.

(b) ABRA’s Enforcement Division shall prepare a written report evaluating the program’s compliance with the training standards for the Director’s review.

(c) Should the ABRA Director find that the applicant meets the requirements of this section, the application will then be placed before the Board for consideration at its next regularly scheduled meeting.

(d) The Board shall make the final determination as to the qualifications of the applicant and compliance of the applicant's program with § 211.3.

(e) An alcohol certification provider permit shall expire after three (3) years from the date that the Board issues the permit. The alcohol certification provider may resubmit a program to the Board for approval as part of its application to renew its certification provider permit.

History

• SOURCE: Final Rulemaking published at 51 DCR 4309 (April 30, 2004); as amended by Final Rulemaking published at 55 DCR 12991, 13014 (December 26, 2008 – Part 2); as amended by Final Rulemaking published at 68 DCR 7421 (July 30, 2021). District of Columbia Municipal Regulations Alcoholic Beverages 23 DCMR § 211

23 DCMR § 212 SPECIAL LICENSING PROVISIONS

212.1 No holder of an on-premises retailer’s license, class C or D, shall sell or serve alcoholic beverages in closed containers, with the following exceptions:

Holders of class CH and DH Hotel licenses may sell and serve alcoholic beverages in closed containers in the private rooms of their registered guests; and

Holders of class CX and DX Club licenses may sell and serve alcoholic beverages in closed containers in any room or area available only to bona fide members of the club or their guests.

212.2 A restaurant located within a pavilion, shopping mall, or shopping center may be allowed to sell beer, wine or spirits to customers for on-premises consumption; provided that:

The restaurant or delicatessen holds the appropriate on-premises retailer’s license;

Alcoholic beverages are consumed on the licensed premises or within the common areas of the pavilion, shopping mall, or shopping center approved by the Board, which shall be deemed part of the licensed establishment for purposes of D.C. Official Code § 25-113; and

The alcoholic beverage containers bear the licensed establishment’s name.

212.3 The Board shall not grant an on-premises retailer’s license, class CN or DN, to a hotel unless the hotel holds an on-premises retailer’s license, class CH or DH.

212.4 Nothing in this section shall preclude the holder of an off-premises retailer’s license, class A or B, from having tables and chairs available to their customers either inside or outside, provided that alcoholic beverages are not opened or consumed on the licensed premises.

212.5 Notwithstanding § 212.4, an off-premises retailer’s license, class B, that qualifies as a full-service grocery store, and possesses an on-premises retailer’s license class, CR or DR, may sell and serve alcoholic beverages for on-premises consumption.

History

• SOURCE: Final Rulemaking published at 51 DCR 4309 (April 30, 2004); as amended by Final Rulemaking published at 55 DCR 12991, 13007 (December 26, 2008 – Part 2); as amended by the Alcoholic Beverage Enforcement Amendment Act of 2008, effective March 25, 2009 (D.C. Law 17-0361; 56 DCR 1204, 1207 (February 6, 2009)); as amended by Final Rulemaking published at 68 DCR 7421 (July 30, 2021). District of Columbia Municipal Regulations Alcoholic Beverages 23 DCMR § 212

23 DCMR § 213 LICENSURE PERIODS

213.1 Except as provided for in § 213.2, the following licenses or permits issued by the Board shall be valid for three (3) years:

Manufacturer’s license;

Wholesaler’s license;

Off-premises Retailer’s license;

On-premises Retailer’s license;

Caterer’s license;

Solicitor’s license;

Farm winery retail licenses;

Pub crawl license

Alcohol certification permit;

Tasting permit;

Storage facility permit; and

Off-premises storage permit.

213.2 Licenses issued by the Board shall be valid for less than three (3) years in the following instances:

When suspended or revoked;

In the case of temporary, festival, and farmer’s market licenses;

When the license takes effect on a date in between the dates established by the Board for the regular licensure period of each license class, in which case the license shall be valid only until the end of the licensure period; and

In the case of stipulated licenses.

213.3 The three (3)-year renewal period for each license listed below shall occur sequentially every three (3) years starting with the following dates:

License Class

Licensure Period

Ending Year

Manufacturer A

Apr. 1 to Mar. 31

2021

Wholesaler A

Apr. 1 to Mar. 31

2021

Retailer A

Apr. 1 to Mar. 31

2021

Manufacturer B

Oct. 1 to Sept. 30

2020

Wholesaler B

Oct. 1 to Sept. 30

2020

Retailer B

Oct. 1 to Sept. 30

2020

Retailer CR

Apr. 1 to Mar. 31

2022

Retailer CT

Oct. 1 to Sept. 30

2022

Retailer CN

Oct. 1 to Sept. 30

2022

Retailer CH

Apr. 1 to Mar. 31

2022

Multipurpose facility CX

Apr. 1 to Mar. 31

2022

Club CX

Apr. 1 to Mar 31

2022

Common Carrier CX

Apr. 1 to Mar 31

2022

Retailer Arena CX

Apr. 1 to Mar 31

2022

Retailer DR

Apr. 1 to Mar. 31

2022

Retailer DT

Oct. 1 to Sept. 30

2022

Retailer DN

Oct. 1 to Sept. 30

2022

Retailer DH

Apr. 1 to Mar. 31

2022

Multipurpose facility DX

Apr. 1 to Mar. 31

2022

Club DX

Apr. 1 to Mar 31

2022

Common carrier DX

Apr. 1 to Mar 31

2022

Caterer

Apr. 1 to Mar 31

2022

Solicitor

July 1 to June 30

2023

Farm winery retail

Oct. 1 to Sept. 30

2021

Alcohol certification provider permit

July 1 to June 30

2023

Pub Crawl License

Oct. 1 to Sept. 30

2023

History

• SOURCE: Final Rulemaking published at 51 DCR 4309 (April 30, 2004); as amended by the Omnibus Alcoholic Beverage Amendment Act of 2004, effective September 30, 2004 (D.C. Law 15-187; 51 DCR 6525 (July 2, 2004)); as amended by Final Rulemaking published at 55 DCR 12991, 13007 (December 26, 2008 – Part 2); as amended by Final Rulemaking published at 64 DCR 1357 (February 10, 2017); as amended by Final Rulemaking published at 66 DCR 1822 (February 8, 2019); as amended by Final Rulemaking published at 68 DCR 7421 (July 30, 2021). District of Columbia Municipal Regulations Alcoholic Beverages 23 DCMR § 213

23 DCMR § 214 LICENSE FEES

214.1 All license fees shall be paid by credit card, certified check, money order, business check, attorney's check, or personal check payable to ABRA. Applicants and licensees shall pay the annual license fees specified by the Board in the following manner:

(a) The fee for the first year shall be paid at the time an application is filed, but shall be returned to an applicant, minus the prescribed processing fee, if the application is denied; and

(b) The fees for the second and third year shall be paid no later than one (1) and two (2) years, respectively, from the date of the issuance of the license; provided, that a licensee may pay the second and third year fees when the first year fee is paid. The payment of the second and third year license fees shall not require the filing of a clean-hands certificate by the applicant.

214.2 The Board may impose a late fee upon a licensee for failure to timely remit the second or third year fee, or the renewal fee, in the amount of fifty dollars ($50) for each day after the due date of payment. The total amount of the late fee to be paid to ABRA shall not exceed the annual cost of the license. The Board may suspend a license until the licensee pays the second or third year fee and any additional fee imposed by the Board for late payment. A license not renewed timely shall be deemed expired and the licensee shall not be permitted to sell or serve alcoholic beverages.

214.3 The Board may suspend a license, permit, or endorsement where payment was made by the applicant to ABRA with a check returned unpaid. The applicant, in addition to any late fees imposed by the Board pursuant to § 208.2, shall also be charged by ABRA with a one hundred dollar ($100) returned check fee.

214.4 The annual license fees for manufacturer’s licenses shall be as follows:

Class

Fee

Manufacturer’s class A (rectifying plant)

$ 6,000

Manufacturer’s class A (distillery)

$ 6,000

Manufacturer’s class A (distillery producing more than 50% non-beverage alcohol)

$ 3,000

Manufacturer’s class A (winery)

$ 1,500

Manufacturer’s class B (brewery)

$ 5,000

Manufacturer’s class C (alcohol-infused confectionary food products)

$ 1,000

214.5 The annual license fees for wholesaler’s licenses shall be as follows:

Class

Fee

Wholesaler’s class A

$ 5,200

Wholesaler’s class B

$ 2,600

214.6 The annual license fees for off-premises retailer’s licenses shall be as follows:

Class

Fee

Retailer’s class A

$ 2,600

Retailer’s class B

$ 1,300

Internet retailer’s class IA

$ 2,600

Internet retailer’s class IB

$ 1,300

Farmer’s market class J

$ 300

Farmer’s market class K

$ 500

214.7 The annual license fees for all Class C licenses, except the DC Arena and the soccer stadium, shall be based on its capacity load, which shall be defined as the maximum number of patrons that may be in the establishment at any one time. The holder of a Class C license shall submit both its capacity placards identifying the maximum number of patrons and certificate of occupancy identifying the number of seats from the Department of Consumer and Regulatory Affairs with both its initial and renewal license applications.

214.8 The annual license fees are as follows:

Class

Capacity

Fee

CR restaurant

99 or fewer

$1,000

CR restaurant

100 to 199

$1,300

CR restaurant

200 to 499

$1,950

CR restaurant

500 or more

$2,600

CT tavern

99 or fewer

$1,300

CT tavern

100 to 199

$2,080

CT tavern

200 or more

$3,120

CN nightclub

99 or fewer

$1,950

CN nightclub

100 to 199

$2,600

CN nightclub

200 to 499

$3,250

CN nightclub

500 to 999

$4,550

CN nightclub

1,000 or more

$5,850

CH hotel

99 or fewer guest rooms

$2,600

CH hotel

100 or more guest rooms

$5,200

CB bed and breakfast

$ 1,000

CX club

$1,950

CX multipurpose facility

$1,950

CX marine vessel, single vessel

$1,950

CX marine vessel line, for 3 or fewer vessels and dockside waiting areas

$3,250

For each additional vessel or dockside waiting area

$1,950

CX railroad dining or club car, single car

$650

CX railroad company, all dining or club cars

$1,950

214.9 The annual license fees for all Class D licenses, except the DC Arena and the soccer stadium, shall be based on its capacity load, which shall be defined as the maximum number of patrons that may be in the establishment at any one time. The holder of a Class D license shall submit both its capacity placards identifying the maximum number of patrons and certificate of occupancy identifying the number of seats from the Department of Consumer and Regulatory Affairs with both its initial and renewal license applications.

214.10 The annual license fees are as follows:

Class

Capacity

Fee

DR restaurant

99 or fewer

$600

DR restaurant

100 to 199

$780

DR restaurant

200 to 499

$1,170

DR restaurant

500 or more

$1,560

DT tavern

99 or fewer

$1,000

DT tavern

100 to 199

$1,300

DT tavern

200 or more

$1,950

DN nightclub

99 or fewer

$1,300

DN nightclub

100 to 199

$1,625

DN nightclub

200 to 499

$1,950

DN nightclub

500 to 999

$2,600

DN nightclub

1,000 or more

$4,550

DH hotel

99 or fewer guest rooms

$1,300

DH hotel

100 or more guest rooms

$2,600

DB bed and breakfast

$ 650

DX club

$650

DX multipurpose facility

$650

DX marine vessel, single vessel

$975

DX marine vessel line, for 3 or fewer vessels and dockside waiting areas

$1,300

For each additional vessel or dockside waiting area

$650

DX railroad dining or club car, single car

$325

DX railroad company, all dining or club cars

$650

214.11 The daily fee for a Temporary license shall be as follows:

Class

Fee

Temporary class F

$ 130

Temporary class G

$ 300

214.12 The annual fee for a Solicitor’s and a Manager’s license shall be as follows:

Type

Fee

Solicitor’s license

$ 325

Manager’s license

$ 130

214.13 The annual fee for a Class Arena CX license shall be as follows:

Class

Fee

Retailer’s license Class Arena CX

$ 10,000

214.14 The annual license fee for a Catering license shall be based on the caterer's annual revenue for the previous year as follows:

Class

Gross Annual Revenue

Fee

Caterer

More than $1,000,000 per year gross annual revenue

$5,000

Caterer

$1,000,000 or less per year gross annual revenue

$4,000

Caterer

$500,000 or less per year gross annual revenue

$3,000

Caterer

$300,000 or less per year gross annual revenue

$2,000

Caterer

$200,000 or less per year gross annual revenue

$1,500

Caterer

$100,000 or less per year gross annual revenue

$1,000

Caterer

$50,000 or less per year gross annual revenue

$750

Caterer

$25,000 or less per year gross annual revenue

$500

214.15 The annual fee for a Farm Winery license, a Pub Crawl license, and a festival license shall be as follows:

Type/Class

Fee

Farm winery retailer's license

$ 2,500

Pub crawl license

$ 500

Festival license class H

$ 1,000

Festival license class I

$ 2,000

214.16 For purposes of determining the catering fee set forth in § 208.14, the applicant, as part of its submitted application, shall provide the Board with a signed affidavit on a form provided by ABRA, which shall include a statement of the applicant's annual gross revenue from catering for the previous year, as well as any additional supporting documentation necessary to verify the statement of the applicant.

214.17 The submission of a knowingly false or misleading affidavit shall be grounds for the Board to order the licensee to show cause why the license should not be suspended or revoked, or a civil fine imposed based upon the primary tier schedule set forth in D.C. Official Code § 25-830(c).

214.18 The fee for a duplicate license or replacement of a lost license shall be ten dollars ($10).

History

• SOURCE: Final Rulemaking published at 51 DCR 4309 (April 30, 2004); as amended by the Omnibus Alcoholic Beverage Amendment Act of 2004, effective September 30, 2004 (D.C. Law 15-187; 51 DCR 6525 (July 2, 2004)); as amended by Final Rulemaking published at 55 DCR 12991, 13009 (December 26, 2008 – Part 2); as amended by the Alcoholic Beverage Enforcement Amendment Act of 2008, effective March 25, 2009 (D.C. Law 17-0361; 56 DCR 1204, 1207 (February 6, 2009); as amended by Final Rulemaking published at 66 DCR 1822 (February 8, 2019); as amended by Final Rulemaking published at 68 DCR 7421 (July 30, 2021). District of Columbia Municipal Regulations Alcoholic Beverages 23 DCMR § 214

23 DCMR § 215 PERMIT AND ENDORSEMENT FEES

215.1 The fee for permits and endorsements shall be as follows:

Permit/Endorsement

Fee

Importation permit

$ 5

Pool buying group agent importation permit

$ 1,000/year

Tasting permit for off-premises retailers, wholesalers, manufacturers, and private collectors

$ 130/year

Storage facility permit

$ 300/year

Off-premises storage permit

$ 25/year

Alcohol certification provider permit

$ 100/year

Public auction permit

$ 30

Personal auction permit

$ 30

Nonprofit corporation wine permit

$ 30

Retailer purchasing permit

$ 35

On-site sales and consumption permit

$ 1,000/year

Sidewalk café or summer garden endorsement

$ 75/year

Entertainment endorsement (twenty percent (20%) of the base license fee)

20%

Amendment to a license which results in an inspection

$ 50

Manufacturer carry-out permit

$ 50

Sports wagering endorsement

$ 100/year

Games of skill endorsement

$ 200/year

1 Pub endorsement

$ 5,000/year

2 Pub endorsements

$ 7,500/year

3 Pub endorsements

$ 9,000/year

History

• SOURCE: Final Rulemaking published at 51 DCR 4309 (April 30, 2004); as amended by Final Rulemaking published at 55 DCR 12991, 13013 (December 26, 2008 – Part 2); as amended by Final Rulemaking published at 60 DCR 11580 (August 9, 2013); as amended by Final Rulemaking published at 66 DCR 1822 (February 8, 2019); as amended by Final Rulemaking published at 68 DCR 7421 (July 30, 2021). District of Columbia Municipal Regulations Alcoholic Beverages 23 DCMR § 215

23 DCMR § 216 APPLICATION FEES

216.1 Application fees shall be as follows:

Application

Fee

Filing of a new license (excluding manager and solicitor license applications)

$ 75

Transfer of a license to a new owner

$ 250

Transfer of a license to a new location

$ 250

Change of officer, director, stockholder, or general or limited partner in a partnership

$ 100

Corporate or trade name change

$ 50

Keg registration (six dollars ($6) per keg registration book. A registration book shall be valid for the registration of ten (10) kegs

$ 6

Stipulated license

$100

History

• SOURCE: Final Rulemaking published at 51 DCR 4309 (April 30, 2004); as amended by Final Rulemaking published at 55 DCR 12991, 13013 (December 26, 2008 – Part 2); as amended by Final Rulemaking published at 60 DCR 11580 (August 9, 2013); as amended by Final Rulemaking published at 66 DCR 1822 (February 8, 2019); as amended by Final Rulemaking published at 68 DCR 7421 (July 30, 2021). District of Columbia Municipal Regulations Alcoholic Beverages 23 DCMR § 216

23 DCMR § 217 MANAGER TRAINING CERTIFICATION

217.1 An applicant for a Manager’s license shall submit a copy of his or her training certificate showing completion of an alcohol training and education program within the previous three (3) years from a Board-approved training provider with his or her Manager’s license application.

217.2 An applicant for a Manager’s license, who has applied for a Manager’s license but who has not completed an alcohol training and education program may be issued a temporary Manager’s license pursuant to § 707.10 by the Board for a period not to exceed thirty (30) days upon the submission of a sworn affidavit from the applicant that he or she will complete an alcohol training and education program and submit a copy of his or her certificate within the thirty (30)-day period.

History

• SOURCE: Final Rulemaking published at 51 DCR 4309 (April 30, 2004); as amended by Final Rulemaking published at 55 DCR 12991, 13015 (December 26, 2008 – Part 2); as amended by Final Rulemaking published at 68 DCR 7421 (July 30, 2021). District of Columbia Municipal Regulations Alcoholic Beverages 23 DCMR § 217

23 DCMR § 218 EXEMPTION FROM LICENSING REQUIREMENT

218.1 A license shall not be required for any event where alcoholic beverages are provided gratuitously for on-premises consumption on the host’s own premises. Notwithstanding the foregoing, a license shall be required if the operator of the premises provides professional services for the on-premises consumption of alcoholic beverages which are provided gratuitously to guests; or if the operator of the premises rents out the facility or provides entertainment, food or non-alcoholic beverages for compensation.

218.2 An applicant for a new license shall not permit the consumption of alcoholic beverages on the premises unless the applicant has obtained a stipulated or temporary license. The applicant for a new license may also permit a licensed caterer to host an event on the premises pursuant to § 25-113 so long as the caterer acts as operator of the premises by retaining responsibility for the duration of the event, including control over the modes of ingress and egress into the establishment, bar and security staff, and the service of alcoholic beverages.

History

• SOURCE: Final Rulemaking published at 51 DCR 4309 (April 30, 2004); as amended by Final Rulemaking published at 55 DCR 12991, 13015 (December 26, 2008 – Part 2); as amended by Final Rulemaking published at 64 DCR 1357 (February 10, 2017); as amended by Final Rulemaking published at 68 DCR 7421 (July 30, 2021). District of Columbia Municipal Regulations Alcoholic Beverages 23 DCMR § 218

23-3 LIMITATIONS ON LICENSES

23 DCMR § 300 LIMITATION ON THE NUMBER OF CLASS A AND CLASS B RETAILER'S LICENSES

300.1 The 250 quota limit set forth in D.C. Official Code § 25-331(a) shall not apply to Class A Retailer's license renewal applications.

300.2 The two hundred seventy-five (275) quota limit set forth in D.C. Official Code § 25-331(b) shall not apply to Class B Retailer’s license renewal applications.

300.3 The quota limit set forth in § 300.2 shall not prohibit the issuance of a license for an off-premises retailer’s license, class B, for the sale of alcoholic beverages if the establishment meets the requirements set forth in D.C. Official Code § 25-331(d).

300.4 Off-premises Retailer’s license Class IA shall not be counted toward the quota limit set forth in § 300.1.

300.5 Off-premises Retailer’s license Class IB shall not be counted toward the quota limit set forth in § 300.2.

300.6 The quotas set forth in § 300.1 and 300.2 shall not prohibit the issuance of a license for an off-premises retailer’s license, Class IA or IB.

300.7 Nothing in D.C. Official Code § 25-331 shall prohibit the issuance of a license for any place for which a Retailer's license Class A or Class B has been issued or may be issued, if the license is in effect on the date the application is filed.

300.8 Nothing in D.C. Official Code § 25-331 shall prohibit the issuance of a Retailer's license Class A or Class B to an applicant who was the holder of a license and who was required to close the business for which the license was issued and to surrender the license because the premises on which the business was conducted was acquired by the United States or the District of Columbia through eminent domain, threat of eminent domain, or rendered unfit for use by action over which the licensee had no effective control during the period of an officially declared emergency, if the application for the new license is made within three (3) years after the expiration date of the then currently valid license surrendered at the time of acquisition or of the closing of the business.

300.9 All holders of Class A and Class B Retailer's licenses covered under § 300.4 shall pay the annual license renewal fees set out in § 208.8 and § 208.9 respectively for each year or any portion of the year.

300.10 The Board may, for good cause shown, extend the three (3) year application period set out in § 300.7.

History

• SOURCE: Final Rulemaking published at 35 DCR 4947 (June 24, 1988); as amended by Final Rulemaking published at 51 DCR 4309 (April 30, 2004); as amended by Final Rulemaking published at 55 DCR 12991 (December 26, 2008); as amended by Final Rulemaking published at 66 DCR 1822 (February 8, 2019); as amended by Final Rulemaking published at 68 DCR 7410 (July 30, 2021). District of Columbia Municipal Regulations Alcoholic Beverages 23 DCMR § 300

23 DCMR § 301 LIMITATION ON THE DISTANCE BETWEEN RETAILER'S LICENSES, CLASS A AND CLASS B

301.1 The four hundred foot (400 ft.) distance shall be measured in accordance with the provisions of § 101.2 of this title.

301.2 Nothing in D.C. Official Code § 25-333(a) shall be construed to prohibit the transfer by the same owner of a Retailer's license Class A to a new location that is located four hundred feet (400 ft.) or less from the original location and in an area zoned non-residential.

301.3 Nothing in D.C. Official Code § 25-333(b) shall be construed to prohibit the transfer by the same owner of a Retailer's license Class B to a new location that is located four hundred feet (400 ft.) or less from the original location and in an area zoned non-residential.

History

• SOURCE: Final Rulemaking published at 35 DCR 4947 (June 24, 1988); as amended by Final Rulemaking published at 51 DCR 4309 (April 30, 2004); as amended by Final Rulemaking published at 55 DCR 12991 (December 26, 2008). District of Columbia Municipal Regulations Alcoholic Beverages 23 DCMR § 301

23 DCMR § 302 LICENSES NEAR SCHOOLS, COLLEGES, UNIVERSITIES, AND RECREATION AREAS

302.1 The four hundred foot (400 ft.) distance shall be measured in accordance with the provisions of § 101.2 of this title.

302.2 A license may be transferred, in the discretion of the Board, from one (1) place within the prohibited distance to another place within the same prohibited distance by the same establishment.

302.3 A license may be issued, in the discretion of the Board, for a place of business located within four hundred feet (400 ft.) of a college or university if one (1) of the following applies:

The Board is satisfied that the college or university does not object to the granting of the license, as evidenced by a written statement to the Board from the governing body of the college or university;

The college or university is itself the holder of a license; or

The license is an on-premises retailer’s license, C/R, D/R, C/H, D/H, C/T, D/T, C/X, or D/X that will be located entirely on a college or university campus and will not have direct public access to the street or the outside of the college’s or university’s main entrance.

302.4 A license may be issued for any place within the prohibited distance of a recreation area operated by the D.C. Department of Parks and Recreation if one of the following is satisfied:

(a) At the time the recreation area was established at that location, there was a place of business holding a license of the same class as that applied for within four hundred feet (400 ft.) of the recreation area; or

(b) The Board is furnished a written statement by the Department of Parks and Recreation of the District of Columbia to the effect that it does not object to the granting of the license.

302.5 No alcoholic beverage shall be sold or served by a licensee upon any portion of any premises which fronts upon, abuts, adjoins, or is opposite to the premises of any of the institutions or recreation areas mentioned in this section unless that portion of the premises where alcoholic beverages are served is within a building; provided, that the restriction of service within a building is not applicable to Class C or D licensees on non-school days, weekends, and after 6:00 p.m. on weekdays, allowing alcohol products to be served on licensed outdoor patios which are part of the licensee's premises.

302.6 The provisions of § 302.5 shall not apply to premises designated in a Temporary license Class F or G or catered by the holder of a Caterer's license.

302.7 The provisions of this section shall not apply where the main entrance to the college, university, or recreation area, or the nearest property line of the school, is actually on or occupies ground zoned commercial or industrial according to the official atlases of the Zoning Commission of the District of Columbia.

302.8 Repealed.

302.9 The four hundred foot (400 ft.) restriction shall not apply to an application for a Retailer’s license, Class IA or IB.

302.10 The four hundred foot (400 ft.) restriction shall not apply to an application for an off-premises retailer’s license class B that meets one (1) of the following three (3) exceptions:

The applicant’s establishment will be located inside of a hotel and will have no direct public access to the street or the outside of the hotel’s building; or

The applicant:

(1) Meets the definition of a full-service grocery store pursuant to § 199.1;

(2) The sale of alcoholic beverages constitutes no more than fifteen percent (15%) of the total volume of gross receipts on an annual basis;

(3) The establishment is not located in a residential-use district as defined in the zoning regulations and shown in the official atlases of the Zoning Commission for the District of Columbia, or if located within the Southeast Federal Center, in the SEFC-1 zone;

(4) The opinion of the ANC, if any, in which the establishment is located has been given great weight; and

(5) The applicant does not hold a manufacturer’s or wholesaler’s license; or

The applicant applies for an off-premises retailer’s license, class B:

Qualifies as a corner store and has been approved by the Board of Zoning Adjustment for a special exception under Chapter 2 of Title 11-U DCMR (11-U DCMR § 254);

The applicant’s establishment is located in ANC 1B;

The sales area of the applicant’s establishment that is devoted to the sale of alcohol for off-site consumption constitutes no more than fifteen percent (15%) of the gross floor area of the ground floor of the corner store;

The applicant’s sale of alcoholic beverages constitutes no more than fifteen percent (15%) of the total volume of gross receipts on an annual basis;

The applicant’s establishment is located in a Great Streets Corridor; and

(6) The opinion of the ANC, if any, has been given great weight.

History

• SOURCE: Final Rulemaking published at 35 DCR 4947 (June 24, 1988); as amended by Final Rulemaking published at 51 DCR 4309 (April 30, 2004); as amended by Final Rulemaking published at 55 DCR 12991 (December 26, 2008); as amended by Final Rulemaking published at 66 DCR 1822 (February 8, 2019); as amended by Final Rulemaking published at 68 DCR 7410 (July 30, 2021). District of Columbia Municipal Regulations Alcoholic Beverages 23 DCMR § 302

23 DCMR § 303 MORATORIUM PROCEDURES

303.1 Any Board decision to implement or not implement a moratorium pursuant to D.C. Official Code § 25-351 shall be accompanied by a statement in writing that sets forth the reasons for the Board's decision in response to a petition for a moratorium.

303.2 In addition to the notice requirements set forth in D.C. Official Code §§ 25-353 and 25-354, the Board shall notify all ABC license holders and Advisory Neighborhood Commissions located within the proposed moratorium area at least ten (10) calendar days prior to the public hearing date.

303.3 In requesting the renewal of an existing moratorium pursuant to D.C. Official Code § 25-352, the proponent(s) of a moratorium must establish to the Board that the present conditions in the moratorium area, based upon the appropriateness standards set forth in D.C. Official Code §§ 25-313 and 25-314, justify an extension of the moratorium.

History

• SOURCE: Final Rulemaking published at 35 DCR 4947 (June 24, 1988); as amended by § 301 of the Omnibus Budget Support Act of 1993, effective September 30, 1993 (D.C. Law 10-25; 40 DCR 5489 (July 30, 1993); D.C. Official Code § 1-2202 (1992 Repl.)); as amended by Final Rulemaking published at 51 DCR 4309 (April 30, 2004); as amended by Final Rulemaking published at 55 DCR 12991 (December 26, 2008). District of Columbia Municipal Regulations Alcoholic Beverages 23 DCMR § 303

23 DCMR § 304 ADAMS MORGAN MORATORIUM ZONE

304.1 No new Retailer’s License Class CN, CT, CX, DN, DT, or DX shall be issued for a period of three (3) years from the effective date of final rules, in the area that extends approximately eighteen hundred (1800) feet in all directions from 2459 18th St., N.W., Washington, D.C. 20009. This area shall be known as the Adams Morgan Moratorium Zone.

304.2 The Adams Morgan Moratorium Zone is defined as the area bound by a line beginning at 18th Street and Vernon Street, NW, and proceeding on both sides of all streets unless otherwise noted; west on Vernon Street, NW to 19th Street, NW; northwest on 19th Street, NW to Wyoming Avenue, NW; southwest on Wyoming Avenue, NW to 20th Street, NW; northwest on 20th Street, NW to Belmont Road, NW; west on Belmont Road, NW to Waterside Drive, NW; north on Waterside Drive, NW to Allen Place, NW; east on Allen Place, NW to 20th Street, NW; north on 20th Street, NW to Biltmore Street, NW; north on Biltmore Street, NW to Calvert Street, NW; east on Calvert Street, NW to Lanier Place, NW; northeast on Lanier Place, NW to Adams Mill Road, NW; northwest on Adams Mill Road, NW and then northeast to Ontario Road, NW; east on Ontario Road, NW to Lanier Place, NW; northeast on Lanier Place, NW to Quarry Road, NW; southeast on Quarry Road, NW to Columbia Road, NW; northeast on Columbia Road, NW to Mozart Place, NW; south on Mozart Place, NW to Euclid Street, NW; east on Euclid Street, NW to 16th Street, NW; south on the west side of 16th Street to Florida Avenue; southwest on Florida Avenue to U Street, and west on U Street, NW to 18th Street, NW, Washington, D.C.

304.3 The following license classes shall be exempt from the Adams Morgan Moratorium Zone:

(a) All restaurants, whether present or future;

(b) All hotels, whether present or future; and

(c) Retailer's licenses Class A and B.

304.4 The number of Retailer’s licenses Class CT, CX, DT, or DX located within the Adams Morgan Moratorium Zone shall not exceed sixteen (16). The number of Retailer's licenses Class CN or DN shall not exceed zero (0). The holder of a Retailer's license Class CR or DR located within the Adams Morgan Moratorium Zone shall be prohibited from changing its license class except when the number of Retailer's licenses Class CT, CX, DT, or DX in the Adams Morgan Moratorium Zone is fewer than sixteen (16).

304.5 Nothing in this section shall prohibit the Board from approving the transfer of ownership of a retailer’s license Class CR, CT, CX, DR, DT, and DX within the Adams Morgan Moratorium Zone that was in effect or for which an application was pending prior to the effective date of this section, subject to the requirements of Title 25 of the D.C. Official Code and this title.

304.6 Nothing in this section shall prohibit the Board from approving the transfer of a license from a location within the Adams Morgan Moratorium Zone to a new location within the Adams Morgan Moratorium Zone.

304.7 A license holder outside the Adams Morgan Moratorium Zone shall not be permitted to transfer its license to a location within the Adams Morgan Moratorium Zone, unless exempt by § 304.3.

304.8 Nothing in this section shall prohibit a valid protest of any transfer of a license or change of a license class.

304.9 The limitations imposed by this section shall not apply to any license granted prior to the effective date of this section.

304.10 This section shall expire three (3) years after the date of publication of the notice of final rulemaking in the District of Columbia Register.

History

• SOURCE: Final Rulemaking published at 48 DCR 6441 (July 20, 2001); as amended by Final Rulemaking published at 51 DCR 4309 (April 30, 2004); as amended by Final Rulemaking published at 52 DCR 3816 (April 15, 2005); as amended by Final Rulemaking published at 55 DCR 12991 (December 26, 2008); as amended by Final Rulemaking published at 56 DCR 2938 (April 17, 2009); as amended by Final Rulemaking published at 62 DCR 11841 (August 28, 2015); as amended by Final Rulemaking published at 67 DCR 1196 (February 7, 2020); as amended by Final Rulemaking published at 72 DCR 005432 (May 2, 2025). District of Columbia Municipal Regulations Alcoholic Beverages 23 DCMR § 304

23 DCMR § 305 GEORGETOWN MORATORIUM ZONE [EXPIRED]

305.1 No retailer’s licenses class CT, DT, CN, DN, or CX, shall be issued for a period of five (5) years after the effective date of this section in the Georgetown Moratorium Zone that extends approximately one thousand eight hundred (1800) feet in all directions from the intersection of Wisconsin Avenue and N Street, N.W., Washington, D.C. The number of class CR or DR retailer’s licenses permitted in this area shall not exceed sixty-eight (68). The number of class DX retailer’s licenses in this area shall not exceed one (1).

305.2 The Georgetown Moratorium Zone is more specifically described as the area bounded by a line beginning at the intersection of 33rd and Q Streets, N.W.; continuing east on Q Street, N.W. to Wisconsin Avenue, N.W.; continuing southeast on Wisconsin Avenue, N.W., to Q Street, N.W.; continuing east on Q Street, N.W., to 29th Street, N.W.; continuing south on 29th Street, N.W., to P Street, N.W.; continuing east on P Street, N.W., to 28th Street, N.W.; continuing south on 28th Street , N.W., to O Street, N.W.; continuing east on O Street, N.W., to 27th Street, N.W.; continuing south on 27th Street, N.W., to the northwest boundary of Rock Creek Park; continuing southwest along the northwest boundary of Rock Creek Park to the north bulkhead of the Potomac River; continuing west along the north bulkhead of the Potomac River to the Key Bridge; continuing north on the Key Bridge to M Street, N.W.; continuing West on M Street, N.W., to 36th Street, N.W.; continuing north on 36th Street, N.W., to O Street, N.W.; continuing east on O Street, N.W., to 35th Street, N.W.; continuing north on 35th Street, N.W., to P Street, N.W.; continuing east on P Street, N.W., to 34th Street, N.W.; continuing north on 34th Street, N.W., to Volta Place, N.W.; continuing east on Volta Place, N.W., to 33rd Street, N.W.; and continuing north on 33rd Street, N.W., to Q Street, N.W. (the beginning point).

305.3 The following establishments shall be exempt from the Georgetown Moratorium Zone:

(a) All hotels, whether present or future; and

(b) Establishments located in or to be located in Georgetown Park, Georgetown Park II, Prospect Place Mall, Georgetown Court, and Washington Harbor.

305.4 Nothing in this section shall prohibit the Board from approving the transfer of ownership of a Class C or D retailer’s license within the Georgetown Moratorium Zone that was in effect or for which an application was pending prior to the effective date of this section, subject to the requirements of Title 25 of the D.C. Official Code and this title.

305.5 Nothing in this section shall prohibit the Board from approving the transfer of a license from a location within the Georgetown Moratorium Zone to a new location within the Georgetown Moratorium Zone.

305.6 A license holder outside the Georgetown Moratorium Zone shall not be permitted to transfer its license to a location within the Georgetown Moratorium Zone.

305.7 Nothing in this section shall prohibit a valid protest of any transfer or change of license class.

305.8 The moratorium shall have a prospective effect and shall not apply to any license granted prior to the effective date of this section or to any application for licensure pending on the effective date of this section.

305.9 This section shall expire five (5) years after the date of publication of the notice of final rulemaking.

History

• SOURCE: Final Rulemaking published at 42 DCR 3518 (July 7, 1995); as amended by Final Rulemaking published at 46 DCR 601 (January 22, 1999); as amended by Final Rulemaking published at 51 DCR 4309 (April 30, 2004); as amended by Final Rulemaking published at 52 DCR 3821 (April 15, 2005); as amended by Final Rulemaking published at 55 DCR 12991 (December 26, 2008); as amended by Emergency and Proposed Rulemaking published at 57 DCR 10930 (November 19, 2010)[EXPIRED]; as amended by Final Rulemaking published at 58 DCR 1103, 1105 (February 4, 2011). Per Subsection 305.9, this rulemaking was set to expire five (5) years after the date of the publication of the final rulemaking, published in the D.C. Register on February 4, 2011. Emergency rules were adopted by the Alcoholic Beverage Control Board in December 2015, which extended the moratorium until April 9, 2016. No further extensions have been adopted. District of Columbia Municipal Regulations Alcoholic Beverages 23 DCMR § 305

23 DCMR § 306 EAST DUPONT CIRCLE MORATORIUM ZONE [EXPIRED]

306.1 A limit shall exist on the number of Retailer’s licenses issued in the area that extends approximately six hundred (600) feet in all directions from the intersection of 17th and Q Streets, N.W., Washington, D.C., as follows: Class CT or Class DT – Two and (2); Class CN or DN – Zero (0). This area shall be known as the East Dupont Circle Moratorium Zone.

306.2 The East Dupont Circle Moratorium Zone is more specifically described as the area bounded by a line beginning at New Hampshire Avenue and S Street, N.W.; continuing east on S Street, N.W., to 17th Street, N.W.; continuing south on 17th Street, N.W., to Riggs Place, N.W.; continuing east on Riggs Place, N.W., to 16th Street, N.W.; continuing south on 16th Street, N.W., to P Street, N.W.; continuing west on P Street, N.W., to 18th Street, N.W.; continuing north on 18th Street, N.W., to New Hampshire Avenue, N.W.; and continuing northeast on New Hampshire Avenue, N.W. to S Street, N.W.

306.3 All hotels, whether present or future, shall be exempt from the East Dupont Circle Moratorium Zone.

306.4 Nothing in this section shall prohibit the Board from approving the transfer of ownership of a CT or DT located within the East Dupont Circle Moratorium Zone, subject to the requirements of the Act and this title.

306.5 Nothing in this section shall prohibit the Board from approving the transfer of a license from a location within the East Dupont Circle Moratorium Zone to a new location within the East Dupont Circle Moratorium Zone.

306.6 A license holder outside the East Dupont Circle Moratorium Zone shall not be permitted to transfer its license to a location within the East Dupont Circle Moratorium Zone unless the transfer will not exceed the number of licenses permitted in the East Dupont Circle Moratorium Zone for that particular class or type, as set forth in Section 306.1.

306.7 Subject to the limitation set forth in Subsection 306.8, nothing in this section shall prohibit the filing of a license application or a valid protest of any transfer or change of license class.

306.8 No licensee in the East Dupont Circle Moratorium Zone shall be permitted to request a change of license class to CT, DT, CN, or DN.

306.9 This section shall expire three (3) years after the date of publication of the notice of final rulemaking.

History

• SOURCE: Final Rulemaking published at 41 DCR 1296 (March 11, 1994); as amended by Final Rulemaking published at 47 DCR 282 (January 21, 2000); as amended by Final Rulemaking published at 51 DCR 4309 (April 30, 2004); as amended by Final Rulemaking published at 53 DCR 2191 (March 24, 2006); as amended by Final Rulemaking published at 55 DCR 12991 (December 26, 2008); as amended by Emergency Rulemaking published at 57 DCR 4638-4639 (May 28, 2010)[EXPIRED]; as amended by Final Rulemaking published at 57 DCR 8681-8682 (September 24, 2010); as amended by Final Rulemaking published at 61 DCR 8736 (August 22, 2014)[EXPIRED]. Per Subsection 306.9, this rulemaking was set to expire three (3) years after the date of the publication of the final rulemaking, published in the District of Columbia Register on August 22, 2014. No further extensions have been adopted. District of Columbia Municipal Regulations Alcoholic Beverages 23 DCMR § 306

23 DCMR § 307 WEST DUPONT CIRCLE MORATORIUM ZONE [EXPIRED]

307.1 A limit shall exist on the number of retailer's licenses issued in the area that extends approximately six hundred feet (600 ft.) in all directions from the intersection of 21st and P Streets, N.W., Washington, D.C., as follows: Class CN or DN - Zero (0). This area shall be known as the West Dupont Circle Moratorium Zone.

307.2 The West Dupont Circle Moratorium Zone is more specifically described as the area bounded by a line beginning at 22nd Street and Florida Avenue, N.W.; continuing north on Florida Avenue, N.W., to R Street, N.W.; continuing east on R Street, N.W., to 21st Street, N.W.; continuing south on 21st Street, N.W., to Hillyer Place, N.W.; continuing east on Hillyer Place, N.W., to 20th Street, N.W.; continuing south on 20th Street, N.W., to Q Street, N.W.; continuing east on Q Street, N.W., to Connecticut Avenue, N.W.; continuing southeast on Connecticut Avenue, N.W., to Dupont Circle; continuing southwest around Dupont Circle to New Hampshire Avenue, N.W.; continuing southwest on New Hampshire Avenue, N.W., to N Street, N.W.; continuing west on N Street, N.W., to 22nd Street, N.W.; and continuing north on 22nd Street, N.W., to Florida Avenue, N.W. (the starting point).

307.3 All hotels, whether present or future, shall be exempt from the West Dupont Circle Moratorium Zone. The 1500 block of Connecticut Avenue, N.W., shall be exempt from the West Dupont Circle Moratorium Zone. Establishments located in, or to be located in, the New Hampshire side of One Dupont Circle, N.W., shall be exempt from the West Dupont Circle Moratorium Zone.

307.4 Nothing in this section shall prohibit the Board from approving the transfer of ownership of a retailer's license Class A, B, CR, CT, CX, DR, DT, or DX located within the West Dupont Circle Moratorium Zone, subject to the requirements of the Act and this title.

307.5 Nothing in this section shall prohibit the Board from approving the transfer of a license from a location within the West Dupont Circle Moratorium Zone to a new location within the West Dupont Circle Moratorium Zone.

307.6 A CN/DN license holder outside the West Dupont Circle Moratorium Zone shall not be permitted to transfer its license to a location within the West Dupont Circle Moratorium Zone.

307.7 Subject to the limitation set forth in subsection 307.8, nothing in this section shall prohibit the filing of a license application or a valid protest of any transfer or change of license class.

307.8 No licensee in the West Dupont Circle Moratorium Zone shall be permitted to request a change of license class to CN, or DN.

307.9 A current holder of a retailer's license Class A, B, C, or D within the West Dupont Moratorium Zone shall not be permitted to apply to the Board for expansion of service or sale of alcoholic beverages into any adjoining or adjacent space, property, or lot, unless:

(a) The prior owner or occupant has held within the last five (5) years a retailer's license Class A, B, C, or D; or

(b) The applicant is a Class CR or DR licensee and the prior owner or occupant has held during the last three (3) years, and continues to hold at the time of application, a valid restaurant license from the Department of Consumer and Regulatory Affairs.

307.10 The number of substantial change applications approved by the Board for expansion of service or sale of alcoholic beverages into an adjoining or adjacent space, property, or lot, as allowed under subsection 307.9, shall not exceed three (3) during the three (3) year period of the West Dupont Circle Moratorium Zone.

307.11 Nothing in this section shall prohibit holders of a retailer's license Class C or D from applying for outdoor seating in public space.

307.12 This section shall expire three (3) years after the date of publication of the notice of final rulemaking.

History

• SOURCE: Final Rulemaking published at 41 DCR 4925 (July 22, 1994); as amended by Final Rulemaking published at 47 DCR 6215 (August 4, 2000); as amended by Final Rulemaking published at 51 DCR 4309 (April 30, 2004); as amended by Final Rulemaking published at 53 DCR 2191 (March 24, 2006); as amended by Final Rulemaking published at 55 DCR 12991 (December 26, 2008); as amended by Final Rulemaking published at 56 DCR 2945 (April 17, 2009); as amended by Emergency and Proposed Rulemaking published at 57 DCR 1113 (January 29, 2010)[EXPIRED]; as amended by Emergency Rulemaking published at 57 DCR 4641 (May 28, 2010)[EXPIRED]; as amended by Final Rulemaking published at 57 DCR 8684 (September 24, 2010); as amended by Emergency and Proposed Rulemaking published at 589 DCR 4922 (June 10, 2011)[EXPIRED]; as amended by Emergency and Proposed Rulemaking published at 58 DCR 9287 (October 28, 2011)[EXPIRED]; as amended by Final Rulemaking published at 59 DCR 5182 (May 18, 2012); as amended by Final Rulemaking published at 63 DCR 13405 (October 28, 2016); as amended by Final Rulemaking published at 67 DCR 003990 (April 10, 2020). Per Subsection 307.12, this rulemaking was set to expire three (3) years after the effective date of the final rulemaking, published in the District of Columbia Register on April 10, 2020 with an effective date of April 15, 2020. Emergency rules were adopted by the Alcoholic Beverage Control Board in April 2023, which extended the moratorium until August 10, 2023. No further extensions have been adopted. District of Columbia Municipal Regulations Alcoholic Beverages 23 DCMR § 307

23 DCMR § 308 GLOVER PARK MORATORIUM ZONE

308.1 No new retailer’s license class CT, CN, CX, DN, DT, or DX shall be issued for a period of three (3) years from the effective date of this section 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.

308.2 The Glover Park Moratorium Zone is more specifically described as beginning at Tunlaw Road and Fulton Street; East on Fulton Street to Wisconsin Avenue; South on Wisconsin Avenue to Edmunds Street; East on Edmunds Street to Massachusetts Avenue; Southeast on Massachusetts Avenue to Observatory Circle; Southwest around Observatory Circle to Calvert Street; West on Calvert Street to Wisconsin Avenue; Southeast on both sides of Wisconsin Avenue to 35th Street; South on 35th Street to Whitehaven Parkway; West on Whitehaven Parkway to 37th Street; North on 37th Street to U Street; West on U Street to a point of intersection of Huidekoper Place and W Street; West on W Street to 39th Street; North on 39th Street to Davis Place; East on Davis Place to Tunlaw Road; and North and Northwest on Tunlaw Road to Fulton Street.

308.3 All hotels, whether present or future, shall be exempt from the Glover Park Moratorium Zone.

308.4 Nothing in this section shall prohibit the Board from approving the transfer of ownership of a retailer’s license class CT, CN, CR, CX, DN, DT, or DX within the Glover Park Moratorium Zone that was in effect or for which an application was pending prior to the effective date of this section, subject to the requirements of Title 25 of the D.C. Official Code and this title.

308.5 Nothing in this section shall prohibit the Board from approving the transfer of a license from a location within the Glover Park Moratorium Zone to a new location within the Glover Park Moratorium Zone.

308.6 A license holder outside the Glover Park Moratorium Zone shall not be permitted to transfer its license to a location within the Glover Park Moratorium Zone.

308.7 Nothing in this section shall prohibit a valid protest of any transfer or change of a license class.

308.8 The moratorium shall have a prospective effect and shall not apply to any license granted prior to the effective date of this section or to any application for licensure pending on the effective date of this section.

308.9 This section shall expire three (3) years after the date of the notice of final rulemaking.

History

• SOURCE: Final Rulemaking published at 42 DCR 3815 (July 21, 1995); as amended by Final Rulemaking published at 51 DCR 4309 (April 30, 2004); as amended by Final Rulemaking published at 52 DCR 3824 (April 15, 2005); as amended by Final Rulemaking published at 55 DCR 12991 (December 26, 2008); as amended by Final Rulemaking published at 56 DCR 2948 (April 17, 2009); as amended by Final Rulemaking published at 60 DCR 2161 (February 22, 2013); as amended by Final Rulemaking published at 64 DCR 1372 (February 10, 2017); as amended by Final Rulemaking published at 70 DCR 003921 (March 31, 2023). District of Columbia Municipal Regulations Alcoholic Beverages 23 DCMR § 308

23 DCMR § 309 NEW RETAILER'S LICENSE CLASS B MORATORIUM

309.1 Nothing in D.C. Official Code § 25-332 shall prohibit the issuance of a license for any place for which a Retailer's license Class B has been issued or may be issued, if the license is in effect on the date the application is filed.

309.2 Nothing in D.C. Official Code § 25-332 shall prohibit the Board from approving the transfer of ownership of a Retailer's license Class B that was in effect on the date the application is filed.

309.3 Nothing in D.C. Official Code § 25-332 shall prohibit the Board from approving the transfer of a Retailer's license Class B from one location to another during the period of the moratorium.

History

• SOURCE: Section 2 of the Moratorium on the Issuance of New Retailer’s Licenses Class B Amendment Act of 1994, effective March 14, 1995 (D.C. Law 10-204; 41 DCR 7710 (December 2, 1994)); as amended by Final Rulemaking published at 48 DCR 6438 (July 20, 2001); as amended by Final Rulemaking published at 51 DCR 4309 (April 30, 2004); as amended by Final Rulemaking published at 55 DCR 12991 (December 26, 2008). District of Columbia Municipal Regulations Alcoholic Beverages 23 DCMR § 309

23 DCMR § 310 H STREET MORATORIUM ZONE [EXPIRED]

310.1 The H Street Moratorium Zone shall consist of both sides of the street on H Street, N.E., between and including the 700 block of H Street, N.E., and the 1400 block of H Street, N.E.

310.2 Within the H Street Moratorium Zone, a licensee under an off-premises retailer's license, class A or B, shall not sell, give, offer, expose for sale, or deliver either: (1) an individual container of beer, malt liquor, or ale; or, (2) spirits (liquor) in sizes of half-pint or smaller.

310.3 Within the H Street Moratorium Zone, a licensee under an off-premises retailer's license, class A or B, shall not divide a manufacturer's package of more than one container of beer, malt liquor, or ale, to sell an individual container of the package.

310.4 This section shall apply to new or transferred class A or B retailer's licenses issued during the moratorium period within the H Street Moratorium Zone.

310.5 The section shall expire on August 23, 2010.

History

• SOURCE: Final Rulemaking published at 51 DCR 4309 (April 30, 2004); as amended by Final Rulemaking published at 55 DCR 12991 (December 26, 2008). Per Subsection 310.5, this rulemaking was set to expire on August 23, 2010. No further extensions have been adopted. District of Columbia Municipal Regulations Alcoholic Beverages 23 DCMR § 310

23 DCMR § 311 GATEWAY/LANGDON PARK MORATORIUM ZONE

311.1 The number of retailer’s licenses class CN and DN permitted in the Gateway/Langdon Park Moratorium Zone, which extends approximately six hundred feet (600 ft.) in all directions from 2135 Queens Chapel Road, N.E., as specifically depicted in § 311.3, shall not exceed three (3).

311.2 On-premises retailer’s licenses, class CN and DN, in the Gateway/Langdon Park Moratorium Zone shall be prohibited from expanding their licensed premises to adjacent properties or lots, except for the purpose of increasing onsite parking.

311.3 The Gateway/Langdon Park Moratorium Zone is specifically described as the area bounded by the line on the following map, which extends approximately six hundred feet (600 ft.) in all directions from Ekho Events, Inc., t/a Echostage, ABRA License No. 090250, holder of a Retailer’s Class CN License, located at 2135 Queens Chapel Road, N.E., including portions of Adams Place, N.E., Queens Chapel Road, N.E., Bladensburg Road, N.E., 24th Place, N.E. and 25th Place, N.E.

For assistance with reading or reviewing this map, please contact ABCA at 202-442-4423 or abca.director@dc.gov.

311.4 A proposed or existing licensed establishment shall be deemed within the moratorium zone described in this section if any portion of a property line of the premises falls within the area bound by the line or touches the line drawn in § 311.3. The moratorium zone does not include any area or property located entirely outside the boundary lines.

311.5 Any license application may be subject to additional review and measurement by the Board or ABCA to determine if the moratorium is applicable.

311.6 All hotels, whether present or future, shall be exempt from the Gateway/Langdon Park Moratorium Zone.

311.7 Nothing in this section shall prohibit the Board from approving the transfer of ownership of a retailer’s license class CN or DN within the Gateway/Langdon Park Moratorium Zone subject to the requirements of Title 25 of the D.C. Official Code and this title.

311.8 Nothing in this section shall prohibit the Board from approving the transfer of a license from an existing location within the Gateway/Langdon Park Moratorium Zone to a new location within the Gateway/Langdon Park Moratorium Zone.

311.9 A license holder outside the Gateway/Langdon Park Moratorium Zone shall not be permitted to transfer its license to a location within the Gateway/Langdon Park Moratorium Zone if the transfer would result in more than three (3) class CN and DN licenses in the Gateway/Langdon Park Moratorium Zone.

311.10 Nothing in this section shall prohibit a valid protest of any transfer or change of license class.

311.11 The moratorium imposed by this section shall have a prospective effect and shall not apply to any license granted before the effective date of this section or to any application for licensure pending on the effective date of this section.

311.12 This section shall expire three (3) years after the date of publication of the notice of final rulemaking in District of Columbia Register.

History

• SOURCE: Final Rulemaking published at 64 DCR 7244 (July 28, 2017); as amended by Final Rulemaking published at 68 DCR 6160 (June 11, 2021); as amended by Final Rulemaking published at 73 DCR 003825 (March 13, 2026). District of Columbia Municipal Regulations Alcoholic Beverages 23 DCMR § 311

23 DCMR § 312 NORTH SHAW MORATORIUM ZONE

312.1 No application for a new Retailer’s Class CN, DN, CT, DT, CX, or DX license shall be approved or issued in the area extending approximately six hundred feet (600 ft.) in all directions from 1909 9th Street, N.W., Washington, DC 20001, the specific boundaries of which are set forth in Subsection 312.2. This area shall be known as the North Shaw Moratorium Zone.

312.2 The North Shaw Moratorium Zone is specifically described as the area bounded by a line as follows:

Beginning at the intersection of the centerlines of Vermont Avenue, N.W., and T Street, N.W., and continuing northeast along the centerline of Vermont Avenue, N.W., until the intersection of Vermont Avenue, N.W., and Florida Avenue, N.W.;

Then continuing southeast along the center line of Florida Avenue, N.W., to the intersection of Florida Avenue, N.W., 9th Street, N.W., and V Street, N.W.;

Then continuing east along the center line of V Street N.W., to the intersection of V Street, N.W., and 7th Street N.W.;

Then continuing south on 7th Street, N.W., until the intersection of 7th Street, N.W., and S Street, N.W., and containing the premises on both sides of 7th Street, N.W.;

Then continuing west along the center line of S Street N.W., to the intersection of S Street, N.W., and 11th Street, N.W.;

Then continuing north along the center line of 11th Street, N.W., until the intersection of 11th Street, N.W., and Vermont Avenue, N.W.; and

Then continuing northeast along the centerline of Vermont Avenue, N.W. until it connects with the starting point of the line set forth in paragraph (a) of this subsection.

312.3 Any license application may be subject to additional review and measurement by the Board or ABCA to determine if the moratorium is applicable.

312.4 No application for a new entertainment endorsement or change to an existing entertainment endorsement to have or add entertainment, authorize a cover charge, or offer facilities for dancing filed by a licensee under a Retailer’s Class CR, DR, CT, or DT license shall be approved or issued in the North Shaw Moratorium Zone.

312.5 Nothing in this section shall prohibit the Board from approving the transfer of ownership of an establishment located in the North Shaw Moratorium Zone.

312.6 Nothing in this section shall prohibit the Board from approving the transfer of a license from an existing location within the North Shaw Moratorium Zone to a new location within the North Shaw Moratorium Zone.

312.7 A Retailer’s Class CN, DN, CT, DT, CX, or DX license, or Retailer’s Class CR, or DR license with an entertainment endorsement, located outside of the North Shaw Moratorium Zone shall not be permitted to transfer its license to a location within the North Shaw Moratorium Zone.

312.8 The Board shall not grant a change of license class application from a license holder located within the North Shaw Moratorium Zone for a Retailer’s Class CN, DN, CT, DT, CX, or DX license.

312.9 The moratorium imposed by this section shall have a prospective effect and not apply to any pending license or endorsement application that was filed with the agency on or before June 11, 2024.

312.10 This section shall expire three (3) years after the date of publication of the notice of final rulemaking in the District of Columbia Register.

History

• SOURCE: Final Rulemaking published at 73 DCR 001500 (February 13, 2026). District of Columbia Municipal Regulations Alcoholic Beverages 23 DCMR § 312

23-4 GENERAL LICENSING REQUIREMENTS

23 DCMR § 400 APPROPRIATENESS REQUIREMENTS

400.1 For purposes of establishing the appropriateness of the establishment under D.C. Official Code § 25-313(b)(1) through (3), the applicant shall present to the Board such evidence and argument as would lead a reasonable person to conclude the following:

(a) The establishment will not interfere with the peace, order, and quiet of the relevant area, considering such elements as noise, rowdiness, loitering, litter, and criminal activity;

(b) The establishment will not have an adverse impact on residential parking needs, considering available public and private parking and any arrangements made to secure such parking for the clientele of the establishment; and

(c) The flow of traffic to be generated by the establishment will be of such pattern and volume as to neither increase the likelihood of vehicular accidents nor put pedestrians at an unreasonable risk of harm from vehicles.

(d) The establishment will not have an adverse impact on real property values in the locality, section, or portion of the District of Columbia where it is to be located.

400.2 The Board shall not consider objections to the issuance of a Retailer's license Class CN or DN, based upon adverse impact as set forth in D.C. Official Code § 25-314(c), when the establishment for which the license is sought is situated in a hotel and when a Retailer's license Class CN or DN may properly be issued.

400.3 Whenever an applicant has initially presented evidence to show that the establishment is appropriate, any person opposing the license shall present to the Board such evidence and argument as would establish the inappropriateness of the establishment, and as would overcome, to the satisfaction of a reasonable person, the evidence and argument presented by the applicant.

History

• SOURCE: Final Rulemaking published at 35 DCR 4947 (June 24, 1988); as amended by Final Rulemaking published at 51 DCR 4309 (April 30, 2004); as amended by Section 303 of the Omnibus Alcoholic Beverage Amendment Act of 2004, effective September 30, 2004 (51 DCR 6525 (July 2, 2004)); as amended by Final Rulemaking published at 55 DCR 12991 (December 26, 2008 – Part 2). District of Columbia Municipal Regulations Alcoholic Beverages 23 DCMR § 400

23 DCMR § 401 DENIAL OF LICENSE FOR VIOLATIONS OF LAW

401.1 The Board may deny a license to an applicant if evidence shows that the applicant has permitted at the establishment conduct which is in violation of this title.

History

• SOURCE: Final Rulemaking published at 35 DCR 4947 (June 24, 1988); as amended by Final Rulemaking published at 51 DCR 4309 (April 30, 2004); as amended by Section 303 of the Omnibus Alcoholic Beverage Amendment Act of 2004, effective September 30, 2004 (51 DCR 6525 (July 2, 2004)); as amended by Final Rulemaking published at 55 DCR 12991 (December 26, 2008 – Part 2). District of Columbia Municipal Regulations Alcoholic Beverages 23 DCMR § 401

23 DCMR § 402 BOARD CHECK SHEET

402.1 The Board check sheet to be made available to the public and considered by the Board in renewing a license shall contain the following information:

(a) A compliance check of the establishment involving ABC laws and regulations;

(b) Verification that the applicant has submitted a police clearance pursuant to § 502 and is eligible to receive a license;

(c) Verification of the owner of the license;

(d) A listing of the establishment's permitted hours for sale and delivery of alcoholic beverages and permitted hours of operation; and

(e) A copy of the establishment’s cooperative agreement or settlement agreement, if any.

History

• SOURCE: Final Rulemaking published at 35 DCR 4947 (June 24, 1988); as amended by Final Rulemaking published at 51 DCR 4309 (April 30, 2004); as amended by Final Rulemaking published at 55 DCR 12991 (December 26, 2008 – Part 2); as amended by Final Rulemaking published at 67 DCR 14479 (December 11, 2020). District of Columbia Municipal Regulations Alcoholic Beverages 23 DCMR § 402

23 DCMR § 403 PROHIBITED BUSINESS INTERESTS

403.1 The spouse of an ABC license holder may apply for a separate ABC license if he or she can establish that the conflict provisions of D.C. Official Code § 25-303 will not be violated. Specifically, in applying for a license the spouse not holding an ABC license must submit a signed and notarized affidavit which states that:

(a) The applicant has no present or future ownership interest in any other ABC establishment that the applicant is prohibited from owning under D.C. Official Code § 25-303;

(b) The applicant's spouse will have no ownership interest in the license being sought by the applicant;

(c) The applicant or another corporation (in which the spouse is not an officer, shareholder or member) is solely liable for the business rather than the spouse or spouse's business;

(d) The other spouse will not have any operational control over the establishment and will not serve in a management capacity for the ABC establishment or apply for an ABC Manager's license for that establishment; and

(e) The applicant will not transfer any alcoholic beverage inventory to or receive any alcoholic beverage inventory from their spouse's ABC licensed establishment.

403.2 The applicant shall provide documentation, upon request of the Board, necessary to validate the applicant's sworn affidavit. Failure to submit the necessary documentation within ten (10) business days of the Board's request may result in the suspension or revocation of the applicant's license, unless an extension is granted by the Board.

History

• SOURCE: Final Rulemaking published at 35 DCR 4947 (June 24, 1988); as amended by Final Rulemaking published at 51 DCR 4309 (April 30, 2004); as amended by Final Rulemaking published at 55 DCR 12991 (December 26, 2008 – Part 2). District of Columbia Municipal Regulations Alcoholic Beverages 23 DCMR § 403

23 DCMR § 404 CERTIFICATE OF OCCUPANCY AND PERMITS

404.1 No license, except a Solicitor's license, Manager's license, or Caterer's license shall be issued to any person unless that person is the holder of a valid certificate of occupancy for the premises in which the business for which the license is sought is located, and is also the holder of all other licenses and permits required by law or regulation for that business.

404.2 If a certificate of occupancy has been obtained, and the applicant for the alcoholic beverage license has duly applied for all other licenses and permits required by law or regulation for that business, the Board may, in its discretion but subject to all other requirements of this chapter, issue the alcoholic beverage license prior to the issuance of those other licenses and permits.

404.3 The provisions of §§ 404.1 and 404.2 shall not apply to applications for Temporary licenses Class F or G, as long as the alcoholic beverages are sold and served in establishments that have a valid certificate of occupancy, and as long as the applicant for the license provides the Board with a statement from the owner of the establishment or the owner's duly authorized representative, consenting to the issuance of the license. A certificate of occupancy shall not be required for outdoor events or private residential homes used for non-commercial purposes. However, if alcoholic beverages are to be sold or served in any outdoor place (including but not limited to public parks, public streets or alleys), the application for the license shall particularly describe the place and the applicant shall provide the Board with a written statement indicating the owner's consent, or applicable public approval, if required.

History

• SOURCE: Commissioners’ Order issued December 13, 1938; as amended by Commissioners’ Order 65-1153, issued August 17, 1965; as published as 3 DCRR §§ 2.1(a), (b), and (c); as amended by Final Rulemaking published at 35 DCR 4947 (June 24, 1988); as amended by Final Rulemaking published at 51 DCR 4309 (April 30, 2004); as amended by Final Rulemaking published at 55 DCR 12991 (December 26, 2008 – Part 2). District of Columbia Municipal Regulations Alcoholic Beverages 23 DCMR § 404

23 DCMR § 405 LICENSE APPROVAL BEFORE ISSUANCE OF CERTIFICATE OF OCCUPANCY

405.1 The Board is authorized, in its discretion, to approve the granting of a license, subject to all other requirements of this title, to an applicant prior to the issuance of a certificate of occupancy for the building in which the licensed premises shall be located, if the Board finds to its satisfaction the following:

(a) That an applicant for a license has entered into a bona fide agreement with the owner of a building proposed to be constructed or remodeled;

(b) That, under the bona fide agreement, the applicant has agreed to lease, purchase, or otherwise occupy all or a portion of the building for the applicant's use in carrying on the business which would be authorized by the license;

(c) That the agreement provides that so much of the proposed building as is to be occupied for business purposes licensed under this chapter is to be constructed or remodeled in accordance with specifications set forth in the agreement;

(d) That the agreement describes the quarters as reasonably adequate and appropriate for the business to be carried on under the authority of the license;

(e) That the zoning of the premises to be licensed will allow the issuance of the license; and

(f) That the applicant shall not engage in the sale or service of alcoholic beverages until a certificate of occupancy and all other business licenses have been issued for the business.

405.2 An application for a license under § 405.1 shall be made on forms prescribed by the Board and shall include the following information:

(a) The street address of the establishment to be licensed or, in the case of new construction, the lot and square numbers of the ground upon which the establishment will be located; and

(b) The date on which the applicant plans to open the establishment.

405.3 A license approved by the Board under § 405.1 shall not be issued until the premises have been finally inspected by the Board or its staff, or until the applicant provides to the Board the following:

(a) A certificate of occupancy for the licensed premises;

(b) Copies of all necessary business licenses for the premises;

(c) Copies of all tax registration documents for the business; and

(d) Copies of an executed lease or deed for the licensed premises, provided, however, that the business terms of the lease including the rent may be redacted by the applicant.

405.4 Applicants for licensure under § 405.1 shall pay the appropriate license fee, as set forth in § 208 of this title, and approval by the Board shall remain effective until the end of the appropriate licensure period set out in § 207 of this title. If the applicant has not opened his or her business by the time the licensure period ends, the Board may, in its discretion, extend its approval through such further period as it deems proper upon payment by the applicant of all or any portion of the license renewal fee.

405.5 Notwithstanding § 405.4, the Board may, after holding a hearing, rescind its previously issued approval to an applicant under this section when: (1) the license is still pending issuance after two (2) or more years, and (2) the applicant no longer has legal authority to operate at the approved location.

History

• SOURCE: Final Rulemaking published at 35 DCR 4947 (June 24, 1988); as amended by Final Rulemaking published at 51 DCR 4309 (April 30, 2004); as amended by Final Rulemaking published at 55 DCR 12991 (December 26, 2008); as amended by Final Rulemaking published at 64 DCR 1357 (February 10, 2017). District of Columbia Municipal Regulations Alcoholic Beverages 23 DCMR § 405

23-5 LICENSE APPLICATIONS

23 DCMR § 500 APPLICATION FORMAT AND CONTENTS

500.1 The Board shall not accept as filed, and shall take no action upon, any application that is not complete.

500.2 The Board may deem an application abandoned or withdrawn if an applicant fails to provide all of the documents required to process the application within sixty (60) days of the submission of the application.

500.3 The Board may require an applicant to submit additional documents and information needed to properly process an application. The Board may deem an application abandoned or withdrawn if an applicant fails to provide any additional documents within thirty (30) days of the request.

500.4 An applicant may seek an extension of time to submit documents needed to process the application upon a showing of good cause. An extension granted by the Board shall not exceed thirty (30) days.

500.5 Any changes to an applicant’s listed contact information, including mailing address, e-mail address, and telephone number, provided on its license application that has been submitted to or approved by the Board shall be reported to ABRA within thirty (30) calendar days of the change. The failure to comply after a written warning has been issued concerning the licensee’s timely compliance with this subsection, shall be deemed a secondary tier violation and may result in the Board issuing a fine, suspension or revocation of the license.

History

• SOURCE: Final Rulemaking published at 35 DCR 4947 (June 24, 1988); as amended by Final Rulemaking published at 51 DCR 4309 (April 30, 2004); as amended by Final Rulemaking published at 55 DCR 12991 (December 26, 2008); as amended by Final Rulemaking published at 64 DCR 1357 (February 10, 2017); as amended by Final Rulemaking published at 68 DCR 7410 (July 30, 2021). District of Columbia Municipal Regulations Alcoholic Beverages 23 DCMR § 500

23 DCMR § 501 REQUIRED STATEMENTS

501.1 An applicant for any license, except a Solicitor's license, or Manager's license shall submit two (2) statements, in such form as the Board shall require, as to the following:

(a) The applicant is the true and actual owner of the business for which the license is sought; that he or she intends to carry on the business for himself or herself and not as the agent of any other individual, partnership, association, or corporation not identified in the application; and that the licensed establishment will be managed by the applicant in person or by a manager approved by the Board.

501.2 An applicant for any license shall advise the Board, in the application, as to the source of funds used to acquire or develop the business for which the license is sought, provided, however, that independent documentation concerning the source of such funds shall not be required as part of the application nor shall the applicant be required to file copies of closing documents in connection with the purchase of a licensed business in the absence of a Board order.

501.3 An applicant requesting the transfer of a license to a new owner pursuant to D.C. Official Code § 25-405 shall submit a completed transfer application and any documentation and other written statements evidencing the legal transfer of the license, including the financial details surrounding the transfer, and establishing to the Board’s satisfaction that the new owner meets all of the qualifications of D.C. Official Code § 25-301.

History

• SOURCE: Final Rulemaking published at 35 DCR 4947 (June 24, 1988); as amended by Final Rulemaking published at 51 DCR 4309 (April 30, 2004); as amended by Final Rulemaking published at 55 DCR 12991 (December 26, 2008 – Part 2); as amended by Final Rulemaking published at 66 DCR 1822 (February 8, 2019). District of Columbia Municipal Regulations Alcoholic Beverages 23 DCMR § 501

23 DCMR § 502 POLICE CLEARANCE

502.1 Each individual applicant for a license under this title and each manager of a licensed business who sells, gives, furnishes, or distributes any alcoholic beverage shall obtain a police clearance from the Metropolitan Police Department.

502.2 Each individual applicant's police clearance shall become a part of the license application.

502.3 Each individual partner of a partnership, the president, vice president, and treasurer of a corporation and the managers of a limited liability company shall be required to comply with the provisions of this section.

502.4 Each stockholder, limited partner, or member of a limited liability company holding directly or indirectly ten percent (10%) or more of the stock of a corporation, partnership, or limited liability company shall be required to comply with the provisions of this section.

502.5 Any of the persons named under §§ 502.1, 502.3, and 502.4 who are not residents of the District of Columbia shall obtain a police clearance from the Metropolitan Police Department and from a comparable authority from the state in which they reside.

502.6 The failure to provide a police clearance as provided in this subsection shall not be grounds for refusal of the application for processing so long as the applicant provides evidence that the applicant requested clearance from the appropriate authority.

502.7 The requested clearance for all licenses, except for Temporary licenses, shall be filed with the Board within ninety (90) days of the filing of the application. If the requested clearance is not filed with the Board within ninety (90) days the application shall be rejected.

History

• SOURCE: Final Rulemaking published at 51 DCR 4309 (April 30, 2004); as amended by Final Rulemaking published at 55 DCR 12991 (December 26, 2008 – Part 2); as amended by Final Rulemaking published at 67 DCR 14479 (December 11, 2020). District of Columbia Municipal Regulations Alcoholic Beverages 23 DCMR § 502

23 DCMR § 503 AMENDMENT BEFORE MAKING SUBSTANTIAL CHANGES

503.1 The Board may fine, revoke, and suspend a license, or deny a pending application for renewal of a license, when a license holder has been found to have made a substantial change in its operations as described in D.C. Official Code § 25-762 without Board approval.

History

• SOURCE: Final Rulemaking published at 35 DCR 4947 (June 24, 1988); as amended by Final Rulemaking published at 51 DCR 4309 (April 30, 2004); as amended by Final Rulemaking published at 55 DCR 12991 (December 26, 2008 – Part 2); as amended by the Alcoholic Beverage Enforcement Amendment Act of 2008, effective March 25, 2009 (D.C. Law 17-0361; 56 DCR 1204, 1207 (February 6, 2009)). District of Columbia Municipal Regulations Alcoholic Beverages 23 DCMR § 503

23 DCMR § 504 DENIED OR WITHDRAWN APPLICATIONS

504.1 The service charge fee for processing an application which has been denied or withdrawn shall be one hundred fifty dollars ($150) for a proprietorship, two hundred fifty dollars ($250) for a partnership, and three hundred fifty dollars ($350) for a corporation or an unincorporated entity.

History

• SOURCE: Final Rulemaking published at 51 DCR 4309 (April 30, 2004); as amended by Final Rulemaking published at 55 DCR 12991 (December 26, 2008 – Part 2). District of Columbia Municipal Regulations Alcoholic Beverages 23 DCMR § 504

23 DCMR § 505 ARCHITECTURAL DRAWING

505.1 An applicant for a new off-premises retailer’s license, class B, that meets the definition of a full-service grocery store (hereinafter referred to as a “full-service grocery store”) shall submit with their application an architectural drawing of their floorplan that satisfies the full-service grocery store requirements set forth in 23 DCMR § 199 and includes, at a minimum, the dimensions (i.e., length and width measurements) and total square footage of the establishment’s:

Entire leased or operated area;

Non-selling area;

Selling area;

Food-selling area; and

Non-food selling area.

505.2 For purposes of this section, the following terms shall have the meanings ascribed:

Entire leased or operated area- the portion of the building where the retail establishment is located and is under the applicant’s control.

Food category – includes the following products:

Fresh fruits and vegetables;

Fresh and uncooked meats, poultry, and seafood;

Dairy products;

Canned foods;

Frozen foods;

Dry groceries and baked goods; and

Non-alcoholic beverages.

Food-selling area – the portion of the retail establishment that is dedicated to the sale of the seven (7) food categories as defined in paragraph (b) of this subsection.

Non-food selling area – the portion of the retail establishment that is dedicated to selling of items other than the seven (7) food categories as defined in paragraph (b) of this subsection.

Non-selling Area – the portion of the retail establishment that is not open to the public (e.g., storage areas, preparation areas, and administrative offices) and the establishment’s restrooms.

Selling area – the area in the retail establishment that is open to the public and does not include storage areas, preparation areas or restrooms.

505.3 An applicant for a full-service grocery store license must establish that either:

(a) A minimum of fifty percent (50%) of the store’s square feet of selling area is dedicated to the sale of the seven (7) food categories; or

(b) A minimum of six thousand square feet (6,000 sq. ft.) of the store’s selling area is dedicated to the sale of the seven (7) food categories.

505.4 The architectural drawing for an establishment whose selling area is dedicated to the sale of the seven (7) food categories or is equal to or greater than six thousand square feet (6,000 sq. ft.) shall identify the portion of the store that is being sought to qualify under the full-service grocery store definition.

505.5 The architectural drawing shall include the dimensions (i.e., length and width measurements) for each of the establishment’s shelving or display cases and flooring used for displaying items identified in the seven (7) food categories. The architectural drawing shall also include the dimensions of the publicly accessible areas, including but not limited to the publicly accessible store aisles.

505.6 The architectural drawing shall include the following:

The display area dedicated to each of the seven (7) food categories which shall, themselves, be identified and color-coded on the applicant’s proposed floor plan;

A listing of the total square footage of the selling area dedicated to each of the seven (7) food categories; and

The square footage of each individual display area if one food category is divided between two (2) or more unconnected display areas separated by an area not associated with the food category (i.e., non-food selling area, non-selling area or different food category).

505.7 For purposes of this section, the following shall apply:

The square footage of the “selling area” dedicated to a food category shall be calculated by adding up to three feet (3 ft.) of available aisle space in all directions to the length and width of the dimensions of the display area containing the items of the food category;

The square footage of an applicant’s non-selling area shall be calculated by adding together the square footage of each area of the retail establishment that is not open to the public (e.g., storage and food preparation areas) and the establishment’s restrooms;

The total selling area shall be calculated by subtracting the establishment’s non-selling area from the total square footage of the establishment’s entire leased or operated area;

The non-food selling area shall be calculated by adding together the square footage of each selling area dedicated to items other than the seven (7) food categories (i.e., non-food items). The square footage of a selling area dedicated to non-food items shall be calculated by adding up to three (3) feet of available aisle space in all directions to the length and width of the dimensions of the display area holding the non-food items;

The food selling area shall be calculated by subtracting the establishment’s non-food selling area from the establishment’s selling area; and

The amount of a store’s square footage of selling area dedicated to the sale of each of the seven (7) food categories shall be calculated by dividing the establishment’s food selling area (numerator) by the establishment’s total selling area (denominator).

505.8 The indoor seating area shall also be measured as part of an establishment’s non-food selling area, whereas the establishment’s outdoor seating area shall not be measured as part of the establishment’s selling area or non-food selling area.

505.9 An applicant for a full-service grocery store class B retailer’s license must dedicate a minimum of five percent (5%) of the store’s food selling area to at least six (6) of the seven (7) food categories. The amount of the store’s food selling area dedicated to each food category shall be calculated by dividing the total square footage of the selling area dedicated to that particular food category (numerator) by the square footage of the establishment’s total food selling area (denominator).

History

• SOURCE: Final Rulemaking published at 66 DCR 7926 (July 5, 2019). District of Columbia Municipal Regulations Alcoholic Beverages 23 DCMR § 505

23-6 LICENSE CHANGES

23 DCMR § 600 TRADE NAMES AND CORPORATE NAMES

600.1 No person licensed under the Act shall use any name other than that of an individual licensee or licensees, including a corporate or trade name, without first obtaining approval from the Board for use of the corporate or trade name.

600.2 A person licensed under this Act may file a written request with the Board to add an additional trade name at a location currently authorized for the sale of alcoholic beverages under its ABC license. The Board in its discretion may approve the use of an additional trade name at an ABC establishment. Any additional trade name approved by the Board shall appear on the establishment's ABC license.

600.3 An additional trade name shall not be used to identify a location separate and apart from the licensed premises. When a licensed establishment uses an additional trade name, its patrons must be able to access the area of the licensed premises identified by the additional trade name from the area of the licensed premises identified by the original trade name.

600.4 Any trade name requested by an applicant shall not be identical or confusingly similar to one currently used under a previously issued license.

History

• SOURCE: Final Rulemaking published at 35 DCR 4947 (June 24, 1988); as amended by Final Rulemaking published at 51 DCR 4309 (April 30, 2004); as amended by Final Rulemaking published at 55 DCR 12991 (December 26, 2008- Part 2). District of Columbia Municipal Regulations Alcoholic Beverages 23 DCMR § 600

23 DCMR § 601 CORPORATE AND PARTNERSHIP CHANGES

601.1 If there is a change in corporate officers, directors, limited or general partners in a partnership, or persons owning or controlling ten percent (10%) or more of the common stock of the corporate license, the corporation or partnership shall submit to the Board within fifteen (15) calendar days the minutes or other instrument giving the names and addresses of any new officer, director, partner, or person holding ten percent (10%) or more of the stock.

601.2 Within fifteen (15) calendar days of the change, the corporation or partnership shall furnish to the Board any data pertaining to the personal and business history of any new officer, director, stockholder, general or limited partner in a partnership, or other person that the Board may require.

601.3 The fee for a change of officer, director, stockholder, or general or limited partner in a partnership shall be one hundred dollars ($100).

601.4 If there is a change in the general partners of a limited partnership or the members of a limited liability company, the partnership or limited liability company owning or controlling ten percent (10%) of the partnership interest shall submit to the Board in a timely manner, but no later than fifteen (15) calendar days after the changes has occurred, the instruments reflecting the change in partnership or membership interests.

601.5 When there is any change as described in § 601.1 or § 601.4, the licensee shall, within ten (10) calendar days, submit a sworn affidavit to the Board that no change which could be deemed a "substantial change" to the business, as set out in D.C. Official Code §§ 25-404 and 25-762, will occur within the current licensure period.

601.6 If a change which could be deemed a "substantial change" will occur before the licensure period expires, the licensee shall be governed by all the provisions of D.C. Official Code §§ 25-313 and 25-314, and D.C. Official Code § 25-404.

601.7 If the licensee knowingly makes a false swearing under § 601.5, the Board may, in its discretion, order the licensee to show cause why its license should not be fined, suspended, or revoked pursuant to D.C. Official Code § 25-401(c), or may deny the license application, or treat the licensee as a new applicant, subject to all of the provisions of D.C. Official Code §§ 25-313 and 25-314.

601.8 If the licensee fails to adhere to any filing requirements set out in D.C. Official Code § 25-405, the Board may, in its discretion, order the licensee to show cause why the license should not be suspended or revoked, or impose a civil fine based upon the primary tier schedule set forth in D.C. Official Code § 25-830(c), or deny the application for transfer.

601.9 Nothing in this subsection shall apply to publicly traded companies.

History

• SOURCE: Final Rulemaking published at 35 DCR 4947 (June 24, 1988); as amended by Final Rulemaking published at 51 DCR 4309 (April 30, 2004); as amended by Final Rulemaking published at 55 DCR 12991 (December 26, 2008 – Part 2); as amended by Final Rulemaking published at 67 DCR 14479 (December 11, 2020). District of Columbia Municipal Regulations Alcoholic Beverages 23 DCMR § 601

23 DCMR § 602 LIMITED LIABILITY COMPANY CHANGES

602.1 The Board shall only approve as a member or managing member of a limited liability company an owner owning more than zero percent (0%) for purposes of recognizing applicants or licensees.

602.2 Nothing in this section shall prevent an individual with an ownership of zero percent (0%) in a limited liability company from serving as a manager or an officer of the limited liability company.

602.3 A manager or an officer of a limited liability company with an ownership interest of zero percent (0%) shall not be considered by the Board as an owner of the license, applicant or licensee.

History

• SOURCE: Final Rulemaking published at 64 DCR 1357 (February 10, 2017). District of Columbia Municipal Regulations Alcoholic Beverages 23 DCMR § 602

23-7 GENERAL OPERATING REQUIREMENTS

23 DCMR § 700 INSTRUCTIONS TO LICENSEES

700.1 The Board shall develop and furnish to licensees, at the time of issuance of a license, written information describing the laws and rules applicable to the licensee's day-to-day operations.

700.2 Applications shall also be made available on the ABRA website. To the extent possible, applications shall be posted on the ABRA website in various languages for informational purposes. Applications submitted to the Board must be filled out in English.

History

• SOURCE: Final Rulemaking published at 35 DCR 4947 (June 24, 1988); as amended by Final Rulemaking published at 51 DCR 4309 (April 30, 2004); as amended by Final Rulemaking published at 55 DCR 12991 (December 26, 2008 – Part 2). District of Columbia Municipal Regulations Alcoholic Beverages 23 DCMR § 700

23 DCMR § 701 POSTING OF LEGAL DRINKING AGE AND IDENTIFICATION REQUIREMENT

701.1 The notice required to be posted by the applicant pursuant to D.C. Official Code § 25-713, which must state the current legal drinking age and the requirement of patrons to produce a valid identification displaying proof of age, shall be provided to the applicant by the ABC Board at the time the license is delivered to the applicant.

History

• SOURCE: Final Rulemaking published at 51 DCR 4309 (April 30, 2004); as amended by Final Rulemaking published at 55 DCR 12991 (December 26, 2008 – Part 2). District of Columbia Municipal Regulations Alcoholic Beverages 23 DCMR § 701

23 DCMR § 702 USE OF CLASS CX AND DX CLUBS BY NON-MEMBERS

702.1 A club may, without losing its character as a club, grant permission to a member of the club to engage the club property and facilities for the use of an organization, association, or committee of which the club member is also a member; provided, that the granting of use by non-members under this section shall not be so frequent as to constitute a commercial or business purpose.

702.2 The members of the organization, association, or committee using the club may share the expenses of such use.

702.3 The use of a club by an organization, association, or committee in accordance with this section shall not be open to the public.

History

• SOURCE: Final Rulemaking published at 35 DCR 4947 (June 24, 1988); as amended by Final Rulemaking published at 51 DCR 4309 (April 30, 2004); as amended by Final Rulemaking published at 55 DCR 12991 (December 26, 2008- Part 2). District of Columbia Municipal Regulations Alcoholic Beverages 23 DCMR § 702

23 DCMR § 703 [REPEALED]

History

• SOURCE: Final Rulemaking published at 51 DCR 4309 (April 30, 2004); as amended by Final Rulemaking published at 55 DCR 12991 (December 26, 2008 – Part 2); as amended by Final Rulemaking published at 66 DCR 1822 (February 8, 2019); as amended by Final Rulemaking published at 67 DCR 14479 (December 11, 2020); as amended by Final Rulemaking published at 68 DCR 7421 (July 30, 2021). District of Columbia Municipal Regulations Alcoholic Beverages 23 DCMR § 703

23 DCMR § 704 SURRENDER OF LICENSE

704.1 A license required to be in safekeeping pursuant to D.C. Official Code § 25-791 may be placed in safekeeping by either the Board or the licensee. A request by the licensee to place the license in safekeeping shall be in writing and must state: (1) the reason that the license is being placed in safekeeping and (2) the length of time that the licensee is seeking to keep the license in safekeeping.

704.2 An initial safekeeping period granted by the Board may be extended for reasonable cause as set forth in D.C. Official Code § 25-791(b). The Board shall hold a safekeeping hearing for any license in safekeeping longer than 6 months to determine whether the licensee has made sufficient progress toward reopening or whether the license should be cancelled by the Board.

704.3 Whenever a license has been in safekeeping with the Board for longer than two (2) years, the licensee shall, upon requesting the removal of the license from safekeeping, submit for Board approval detailed plans of its operations upon reopening, and shall notify the Board of the anticipated reopening date.

History

• SOURCE: Section 3 of the Alcoholic Beverage Control Amendments of 1980, effective March 5, 1981 (D.C. Law 3-157; 27 DCR 5117 (November 21, 1980)); as published as 3 DCRR § 3.5(h); as amended by Final Rulemaking published at 35 DCR 4947 (June 24, 1988); as amended by Final Rulemaking published at 51 DCR 4309 (April 30, 2004); as amended by Final Rulemaking published at 55 DCR 12991 (December 26, 2008 – Part 2); as amended by Final Rulemaking published at 64 DCR 1357 (February 10, 2017). District of Columbia Municipal Regulations Alcoholic Beverages 23 DCMR § 704

23 DCMR § 705 HOURS OF SALE AND DELIVERY FOR OFF-PREMISES RETAIL LICENSEES

705.1 [REPEALED].

705.2 The Board may, by written order, further limit the hours of sale and deliver set forth in D.C. Official Code § 25-722 on a case-by-case basis upon conclusion of a protest hearing or through Board approval of a cooperative/settlement agreement.

705.3 [REPEALED].

705.4 The holder of a Retailer’s license Class A or Class B shall not sell or deliver alcoholic beverages during any hour or on any day other than during those days and during those hours provided by D.C. Official Code § 25-722 and § 705.2 of this title, or as otherwise set forth in its license.

705.5 The holder of a Retailer’s license Class A may sell and deliver, during the hours of sale provided by D.C. Official Code § 25-722 and § 705.2 of this title, no less than six (6) miniatures of spirits or wine per purchase.

705.6 The holder of a Retailer's license Class A or B may not provide "go-cups" to patrons. A "go-cup" means a drinking utensil provided at no charge or a nominal charge to a patron for the purpose of consuming alcoholic beverages off the premises of an establishment.

705.7 A hotel holding a Retailer's license Class CH or Class DH may make available in the room of a registered adult guest, and charge to the registered guest if consumed, closed miniature containers of spirits, wines, and beer at all hours on any day of the week.

705.8 The holder of a Retailer's license Class C, D, F, or G, or a Catering license issued under D.C. Official Code § 25-113, may sell, dispense, serve, or give away any beverages for consumption on the premises during any hour or on any day other than during those hours prohibited by D.C. Official Code § 25-723.

705.9 The holder of a Retailer's license Class C, D, F, or G, or a Caterer's license may sell, serve, or permit the consumption of alcoholic beverages on the licensed premises at any time except between the hours of:

(a) 2:00 a.m. and 8:00 a.m., Monday through Friday;

(b) 3:00 a.m. and 8:00 a.m., on Saturday; and

(c) 3:00 a.m. and 8:00 a.m., on Sunday.

705.10 The hours of operation set forth in § 705.9 for an ABC establishment may be further reduced by hour restrictions that have been approved as conditions of the establishment's ABC license by the Board.

705.11 A licensee under an on-premises retailer’s license that provides written notification and a public safety plan to the Board at least thirty (30) days in advance may sell and serve alcoholic beverages until 4:00 a.m. and operate twenty-four (24) hours during the dates set forth in D.C. Official Code § 25-723(c)(1) unless the licensee has a settlement agreement that restricts the establishment’s closing hours or hours of operation.

705.12 [REPEALED].

705.13 The holder of a brew pub permit shall be permitted to sell beer in growlers to patrons for off-premise consumption between the hours of 7:00 a.m. and midnight. The holder of a wine pub permit shall be permitted to sell wine to patrons in sealed bottles or other closed containers for off-premise consumption between the hours of 7:00 a.m. and midnight.

History

• SOURCE: Commissioner’s Order issued March 30, 1934; as amended by Commissioner’s Order issued April 13, 1934; as amended by Commissioner’s Order issued June 22, 1934; as amended by Commissioner’s Order issued September 21, 1934; as amended by Commissioner’s Order issued November 6, 1934; as amended by Commissioner’s Order issued May 23, 1941; as amended by Commissioner’s Order issued January 28 1947; as amended by Commissioner’s Order issued August 30, 1953; as amended by Reg. 68-18; as amended by Reg. 74-28; as published as 3 DCRR §§ 3.4(a) – (c); as amended by the Alcoholic Beverage Control Amendments Act of 1982, effective September 29, 1982 (D.C. Law 4-157; 29 DCR 3617 (August 20, 1982)); as amended by Final Rulemaking published at 35 DCR 4947 (June 24, 1988); as amended by Final Rulemaking published at 51 DCR 4309 (April 30, 2004); as amended by Final Rulemaking published at 55 DCR 12991 (December 26, 2008); as amended by Final Rulemaking published at 60 DCR 11586 (August 9, 2013); as amended by Final Rulemaking published at 64 DCR 1357 (February 10, 2017); as amended by Final Rulemaking published at 66 DCR 1822 (February 8, 2019); as amended by Final Rulemaking published at 67 DCR 14479 (December 11, 2020); as amended by Final Rulemaking published at 68 DCR 7410 (July 30, 2021). District of Columbia Municipal Regulations Alcoholic Beverages 23 DCMR § 705

23 DCMR § 706 LOCKING OF BEVERAGES DURING NON-SALE HOURS

706.1 No holder of a Retailer’s license Class A, B, C, or D who offers for sale on the licensed premises commodities other than alcoholic beverages shall remain open during hours when the sale of alcoholic beverages is prohibited unless the licensee keeps all of the alcoholic beverages upon the premises in a separate beverage compartment which is securely closed and locked or there is a licensed manager or owner on the premises during all hours when the sale of alcoholic beverages is prohibited.

History

• SOURCE: Commissioner’s Order issued May 31, 1941; as published as 3 DCRR § 3.8; as amended by Final Rulemaking published at 35 DCR 4947 (June 24, 1988); as amended by Final Rulemaking published at 51 DCR 4309 (April 30, 2004); as amended by Final Rulemaking published at 55 DCR 12991 (December 26, 2008 – Part 2); as amended by Final Rulemaking published at 67 DCR 14479 (December 11, 2020). District of Columbia Municipal Regulations Alcoholic Beverages 23 DCMR § 706

23 DCMR § 707 MANAGER'S LICENSE

707.1 An owner or the Board-approved manager shall be present at the licensed establishment during the hours in which alcoholic beverages may be sold, served, or consumed on the licensed premises.

707.2 Notwithstanding the requirements in § 707.1, neither the owner nor the Board-approved manager must be present at the licensed establishment when:

There are not any alcoholic beverages on the premises;

The establishment is not open to the public;

Alcoholic beverages are secure and not accessible to the public for sale, service, or consumption; or

The license is in safekeeping pursuant to § 25-791.

707.3 If a licensee has designated a person to manage the licensed business, each manager shall be the holder of a valid Manager's license which shall be renewable every two years.

707.4 A Manager's license shall remain valid until surrendered, expired, suspended, or revoked.

707.5 An applicant for a Manager's license shall be investigated and shall be subject to the approval of the Board.

707.6 Prior to issuance of a Manager's license, an applicant shall certify that he or she has obtained and read a copy of the Act (D.C. Official Code §§ 25-101 et seq.) and this title.

707.7 A manager holding a valid license according to the provisions of this section may be employed by one (1) or more licensees without further investigation.

707.8 All licensees shall notify the Board within seven (7) calendar days of discovering any manager's arrest or conviction for other than minor traffic violations.

707.9 Failure by the applicant to comply with § 707.8, may, in the discretion of the Board, cause the applicant's license to be suspended or revoked.

707.10 A licensee may file a written request with the Board that an applicant for a Manager's license who has not completed an alcohol training and education certification program be issued a temporary Manager's license subject to the requirements of § 212.2. The written request shall set forth the name of the licensed establishment, the trade name, the address of the establishment, the name of the applicant for the Manager's license, and the reason why the issuance of the temporary Manager's license is necessary. Such temporary authority shall cease after thirty (30) days or upon the approval or denial of the Manager's license application.

History

• SOURCE: Commissioner’s Order 64-900 (June 18, 1964); as published as 3 DCRR §§ 3.5(b) – (f), (g); as amended by the Alcoholic Beverage Control Amendments of 1980, effective March 5, 1981 (D.C. Law 3-157; 27 DCR 5117 (November 21, 1980)); as amended by Final Rulemaking published at 35 DCR 4947 (June 24, 1988); as amended by Final Rulemaking published at 51 DCR 4309 (April 30, 2004); as amended by Final Rulemaking published at 55 DCR 12991 (December 26, 2008 – Part 2); as amended by Final Rulemaking published at 67 DCR 14479 (December 11, 2020). District of Columbia Municipal Regulations Alcoholic Beverages 23 DCMR § 707

23 DCMR § 708 DISPOSAL OF REMAINING ALCOHOLIC BEVERAGES

708.1 The holder of a Retailer's license who has had its license not renewed, revoked, or is going out of business may obtain approval from the Board to sell and transport alcoholic beverages back to the holder(s) of a District of Columbia Wholesaler's license.

708.2 The holder of a Retailer's license who has had its license not renewed, revoked, or is going out of business may also obtain an auction permit pursuant to § 201 or a disposal permit pursuant to § 204.

History

• SOURCE: Final Rulemaking published at 51 DCR 4309 (April 30, 2004); as amended by Final Rulemaking published at 55 DCR 12991 (December 26, 2008 – Part 2). District of Columbia Municipal Regulations Alcoholic Beverages 23 DCMR § 708

23 DCMR § 709 NOTICE OF CRIMINAL CONVICTION

709.1 A licensee shall immediately notify the Board in writing if the licensee discovers that a Board-approved manager, owner, or solicitor has been convicted of an offense other than a minor traffic offense; except, that there shall be no notification required for any such conviction that is more than five (5) years old.

709.2 For purposes of this section, “immediately” shall mean notifying the Board within seven (7) calendar days upon discovery of the criminal conviction.

History

• SOURCE: Commissioner’s Order issued May 31, 1941; as amended by Commissioner’s Order issued August 21, 1947; as published as 3 DCRR § 3.6; as amended by Final Rulemaking published at 35 DCR 4947 (June 24, 1988); as amended by Final Rulemaking published at 51 DCR 4309 (April 30, 2004); as amended by Final Rulemaking published at 55 DCR 12991 (December 26, 2008 – Part 2); as amended by Final Rulemaking published at 68 DCR 7410 (July 30, 2021). District of Columbia Municipal Regulations Alcoholic Beverages 23 DCMR § 709

23 DCMR § 710 MINIMUM CHARGE

710.1 As used in this section, the phrase "minimum charge" means a price or fee imposed by a licensee on a patron or individual for food and/or beverages, either at the point of entrance to an establishment or at the point of service of food and/or beverages within the establishment.

710.2 The minimum charge must be equal in value to the price the patron would pay for the food and or beverage(s) inside.

710.3 A minimum charge shall not be considered a cover charge and may be charged by an establishment without Board approval or an entertainment endorsement unless restricted by Board order or settlement agreement.

710.4 Any holder of a Retailer's license Class C or D, who makes a permitted minimum charge for either food or a beverage, shall, during the hours when the minimum charge is made, keep posted in a conspicuous place at each public entrance to the room or place where the minimum charge is made a sign stating that a minimum charge is made, the amount of the minimum charge, and whether the minimum charge shall be applied to food and/or beverage(s).

710.5 The sign required by § 710.4 shall be not less than one square foot in area with lettering not less than one inch (1 in.) in height, and the letters shall be easily legible.

History

• SOURCE: Commissioner’s Order issued May 31, 1941; as published as 3 DCRR § 3.9(b); as amended by Final Rulemaking published at 35 DCR 4947 (June 24, 1988); as amended by Final Rulemaking published at 51 DCR 4309 (April 30, 2004); as amended by Final Rulemaking published at 55 DCR 12991 (December 26, 2008 – Part 2); as amended by Final Rulemaking published at 67 DCR 14479 (December 11, 2020). District of Columbia Municipal Regulations Alcoholic Beverages 23 DCMR § 710

23 DCMR § 711 [REPEALED]

History

• SOURCE: Final Rulemaking published at 35 DCR 4947 (June 24, 1988); as amended by Final Rulemaking published at 51 DCR 4309 (April 30, 2004); as amended by Final Rulemaking published at 55 DCR 12991 (December 26, 2008 – Part 2); as amended by Final Rulemaking published at 60 DCR 11580 (August 9, 2013); as amended by Final Rulemaking published at 67 DCR 14479 (December 11, 2020); as amended by Final Rulemaking published at 68 DCR 7421 (July 30, 2021). District of Columbia Municipal Regulations Alcoholic Beverages 23 DCMR § 711

23 DCMR § 712 PUB CRAWLS

712.1 A promoter/organizer (“Promoter/Organizer” or “Applicant”) of a “pub crawl” shall be required to obtain a pub crawl license. The Promoter/Organizer shall submit an application for a pub crawl license that contains a Pub Crawl Event Form for each pub crawl event at least sixty (60) days prior to the applicant’s first scheduled pub crawl event. The sixty (60)-day in advance filing requirement shall apply to all pub crawl applications filed after July 1, 2016.

712.2 A Promoter/Organizer shall obtain the Board’s approval prior to hosting any pub crawl events not included in the Promoter/Organizer’s pub crawl license application. The Promoter/Organizer shall submit a Pub Crawl Event Form to the Board for approval of any subsequent pub crawl event not listed on the Promoter/Organizer pub crawl license application at least sixty (60) days in advance of the event. The Board may conduct a hearing for purposes of considering the Promoter/Organizer’s Pub Crawl Event Form submission.

712.3 For purposes of this section, a “pub crawl event” shall be defined as an organized group of establishments within walking distance which participate in the promotion of the event featuring the sale or service of alcoholic beverages during a specified time period.

712.4 The annual fee for a pub crawl license shall be five hundred dollars ($500). A pub crawl license shall remain in effect for three (3) years unless the license is suspended or revoked prior to its expiration.

712.5 No later than sixty (60) days prior to the scheduled date of the pub crawl event, the applicant must provide the Metropolitan Police Department, the D.C. Fire and Emergency Services, the Department of Public Works, and the Board with a Pub Crawl Event Form which shall include the following information:

The names and addresses of all licensed establishments which are expected to participate;

The geographic area where the event will take place;

The anticipated number and maximum number of participants;

The actual hours of the event;

The operational plan and security plan;

The plan for litter prevention, control, and removal; and

The location of the designated registration area(s).

712.6 The operational and security plan required by § 712.5(e) shall be posted at the designated registration area(s) and shall include, at a minimum:

The name and number of security personnel contracted for the event;

A plan for controlling underage drinking; and

The method to be used for checking participants’ identification.

712.7 The litter plan required by § 712.5(f) shall:

Set a timeframe within which the litter removal vendor(s) will remove litter from the geographic area(s) in which the pub crawl occurred. The timeframe shall require that litter be removed by no later than 10 a.m. on the day after the pub crawl; and

Include the following minimum requirements:

Litter will be cleaned from both sides of the street of the entire block where an establishment participating in a pub crawl is located and on both sides of the street for all blocks between establishments;

Litter will be removed from tree boxes and planters on both sides o the street for the entire length of the block;

Litter removal shall include the cleaning of human waste (e.g., vomit);

The litter removal company or companies shall not place trash and other debris in trash receptacles; and

The litter removal company or companies shall comply with the District’s solid waste and sanitation regulations located in chapters 7 and 8 of title 21 of the District of Columbia Regulations.

712.8 The Applicant shall submit a signed contract and proof of payment for litter removal services within seventy two (72) hours from the conclusion of the pub crawl event.

712.9 The litter plan shall be approved, in writing, by the District Department of Public Works (DPW) within ten (10) days of the Promoter/Organizer filing the litter plan with DPW.

712.10 The Promoter/Organizer or its designee(s) must remain at the pub crawl event to superintend for the duration of the event, and shall neither purchase nor consume alcoholic beverages during the event.

712.11 The Board shall approve the Applicant’s list of participating licensed establishments for each pub crawl event. In doing so, the Board shall determine each listed licensed establishment’s eligibility to participate in the pub crawl event in accordance with § 712.12 and 712.13.

712.12 No establishment with more than two (2) primary tier violations within two (2) years of the scheduled date of the event may participate in a pub crawl event.

712.13 No licensed establishment may participate in a pub crawl event if it is prohibited from participating by the terms of its Settlement Agreement or Board Order.

712.14 Pub crawl events may not promote excessive drinking and may not include unlimited amounts of drinks for one (1) price (i.e., “all you can drink” specials).

712.15 Literature describing “responsible drinking practices” shall be available at all pub crawl event designated registration area(s).

712.16 All advertising and promotional materials for pub crawl events shall:

(a) Include a statement that “You must be twenty-one (21) or older to participate”;

(b) Promote the use of public transportation; and

(c) Include the plan for a designated driver program for the event.

712.17 Establishments that are required by law to serve food shall have food available for purchase during the hours of the pub crawl event.

712.18 The issuance of a pub crawl license shall be solely in the Board’s discretion. The Board shall approve or deny a pub crawl application no less than fourteen (14) days prior to the date of the pub crawl event.

712.19 The Board may place restrictions upon the hours, participating licensed establishments, and the number, nature or size of pub crawl events held under a pub crawl license in order to protect public safety.

712.20 The Board may also fine, suspend, or revoke the pub crawl license if the Promoter/Organizer:

Fails to control the environment of a pub crawl;

Has sustained community complaints or police action;

Fails to comply with the terms of its pub crawl license or pub crawl application, including the litter plan and security and/operational plans; or

Otherwise violates this Title or D.C. Official Code §§ 25-101, et seq.

712.21 Any enforcement action taken in accordance with § 712.20 shall be in accordance with D.C. Official Code §§ 25-441 through 25-447 and chapter 16 of this Title.

712.22 When reviewing an application for a pub crawl license, the Board may consider the Applicant’s conduct and management of previous pub crawl events.

712.23 Licensed establishments shall not participate in an unlicensed pub crawl event. It shall be the licensed establishment’s responsibility to verify whether the pub crawl event is licensed by the Board.

712.24 The Board may prohibit a licensed establishment that participated in an unlicensed pub crawl event or has sustained community complaints or police action from participating in future pub crawl events for up to a year from the date of the incident.

712.25 Licensed establishments shall post in a conspicuous place for the duration of the pub crawl event a copy of the pub crawl organizer’s license for each pub crawl event in which they participate. The pub crawl license shall list the name and date of the pub crawl event and the name of the Promoter/Organizer.

712.26 A licensed establishment shall not be permitted to participate in more than one (1) pub crawl event at one time.

712.27 A pub crawl license is not required for a pub crawl containing fewer than two hundred (200) participants.

712.28 The Board shall not approve a pub crawl application for July 4, October 31, or December 31.

History

• SOURCE: Final Rulemaking published at 51 DCR 4309 (April 30, 2004); as amended by Final Rulemaking published at 55 DCR 12991 (December 26, 2008); as amended by Final Rulemaking published at 64 DCR 1039 (February 3, 2017); as amended by Final Rulemaking published at 67 DCR 14479 (December 11, 2020); as amended by Final Rulemaking published at 68 DCR 7410 (July 30, 2021). District of Columbia Municipal Regulations Alcoholic Beverages 23 DCMR § 712

23 DCMR § 713 STREET FESTIVALS

713.1 The holder of a Retailer's license Class CR or Class DR who is participating in a street festival may apply to the Board for a one-day substantial change on a form provided by the Board to serve alcoholic beverages on public space rented by the licensee if the establishment abuts the closed street.

713.2 For the purposes of this section "street festival" means any event for which a temporary street closing permit has been issued and which meets the following conditions:

(1) The licensee to whom the street closing permit was issued is a nonprofit organization;

(2) The street closed is zoned for primarily retail use; and

(3) The festival uses the street closed primarily to rent to retail vendors.

713.3 Business associations or citizens associations incorporated under the laws of the District of Columbia shall be allowed to obtain approval from the Board on behalf of multiple festival permit participants.

713.4 The holder of a Class CR or Class DR Retailer's license who rents public space shall not permit patrons to take alcoholic beverages off the licensed premises or any public space rented by that establishment.

713.5 The cost of filing a one-day substantial change application shall be the same as the cost of a Temporary license.

History

• SOURCE: Final Rulemaking published at 51 DCR 4309 (April 30, 2004); as amended by Final Rulemaking published at 55 DCR 12991 (December 26, 2008 – Part 2). District of Columbia Municipal Regulations Alcoholic Beverages 23 DCMR § 713

23 DCMR § 714 OUTDOOR EVENTS ON PUBLIC SPACE

714.1 The holder of an on-premises Retailer's license may file a one-day substantial change application with the Board to receive permission to serve or sell alcoholic beverages on public space for a specific event that may involve a temporary street closing.

714.2 The one-day substantial change application to sell or serve alcoholic beverages on public space shall be on a form provided by the Board that shall include a copy of all other licenses and permits required for the event under District of Columbia law. The fee for a one-day substantial change shall be the same as the cost of a Temporary license.

714.3 Such a request shall not be granted by the Board more than three (3) times in a calendar year.

History

• SOURCE: Final Rulemaking published at 51 DCR 4309 (April 30, 2004); as amended by Final Rulemaking published at 55 DCR 12991 (December 26, 2008 – Part 2). District of Columbia Municipal Regulations Alcoholic Beverages 23 DCMR § 714

23 DCMR § 715 OUTDOOR EVENTS ON PRIVATE SPACE

715.1 The holder of an on-premises Retailer's license may file a one-day substantial change application with the Board to receive permission to serve or sell alcoholic beverages on private space other than the licensed premises.

715.2 The one-day substantial change application to sell or serve alcoholic beverages on private space other than the licensed premises shall be on a form provided by the Board that shall include a letter of permission from the owner of the private space. The fee for a one-day substantial change shall be the same as the cost of a Temporary license.

715.3 Such a request shall not be granted by the Board more than six (6) times in a calendar year.

History

• SOURCE: Final Rulemaking published at 51 DCR 4309 (April 30, 2004); as amended by Final Rulemaking published at 55 DCR 12991 (December 26, 2008 – Part 2). District of Columbia Municipal Regulations Alcoholic Beverages 23 DCMR § 715

23 DCMR § 716 ONE DAY SUBSTANTIAL CHANGES

716.1 The holder of an on-premises retailer’s license or manufacturer’s license may file a one-day substantial change request with the Board to: (a) sell or serve alcoholic beverages; (b) provide entertainment; (c) extend its hours of operation; (d) require a cover charge; (e) allow for dancing; or (f) operate at a location not permitted by the applicant’s license as a part of a specific event. The one-day substantial change request may be granted, in the Board’s discretion, unless the activities sought by the applicant are otherwise prohibited by the applicant’s ABC license or by the terms of a valid settlement agreement.

716.2 Such a request made pursuant to § 716.1 shall not be granted by the Board:

More than six (6) times in a calendar year for a holder of a retailer’s license; or

More than twelve (12) times in a calendar year for a holder of a manufacturer’s license.

History

• SOURCE: Final Rulemaking published at 51 DCR 4309 (April 30, 2004); as amended by Final Rulemaking published at 55 DCR 12991 (December 26, 2008); as amended by Final Rulemaking published at 64 DCR 1357 (February 10, 2017); as amended by Final Rulemaking published at 67 DCR 14479 (December 11, 2020). District of Columbia Municipal Regulations Alcoholic Beverages 23 DCMR § 716

23 DCMR § 717 CORKING FEE

717.1 The holder of an on-premises retailer, temporary, or festival license may permit a patron to bring to and consume on the licensed premises an alcoholic beverage that the licensee is permitted to sell or serve under its license; provided that, the alcoholic beverage is opened by an employee of the establishments or event. However, the license shall not permit any alcoholic beverage opened on the licensed premises to be removed.

717.2 The holder of an on-premises retailer, temporary, or festival license shall be permitted to charge a corking fee provided that the corking fee is disclosed to the patron prior to the opening of the alcoholic beverage.

History

• SOURCE: Final Rulemaking published at 51 DCR 4309 (April 30, 2004); as amended by Final Rulemaking published at 55 DCR 12991 (December 26, 2008); as amended by Final Rulemaking published at 60 DCR 11580 (August 9, 2013); as amended by Final Rulemaking published at 67 DCR 14479 (December 11, 2020). District of Columbia Municipal Regulations Alcoholic Beverages 23 DCMR § 717

23 DCMR § 718 REIMBURSABLE DETAIL SUBSIDY PROGRAM

718.1 This section sets forth the procedures for receiving reimbursement from ABRA under the subsidy program for monies paid to the Metropolitan Police Department (MPD) by licensees for the hiring of MPD officers to work a reimbursable detail. A licensee, a group of licensees, a Business Improvement District on behalf of licensees, or a DC Main Streets Program on behalf of licensees, may enter into an agreement with MPD to provide for reimbursable detail and are eligible for reimbursement under the subsidy program. This section shall apply only to the extent that:

Funds are appropriated for the subsidy program; and

ABRA has sufficient funds allocated for this program remaining to reimburse MPD for costs incurred by licensees for MPD officers working reimbursable details.

718.2 ABRA will reimburse MPD for a percentage, as published in the D.C. Register, of the total cost of invoices submitted by MPD to cover the costs incurred by licensees for MPD officers working reimbursable details on Sunday through Saturday nights. Effective July 1, 2021, the hours eligible for reimbursement for on-premises retailer licensees shall be 11:30 p.m. to 5:00 a.m. From November 4, 2020 to July 1, 2021, the hours of eligibility were from 2 p.m. to 2 a.m., Sunday through Saturday.

718.3 Effective July 1, 2021, ABRA will also reimburse MPD a percentage, as published in the D.C. Register, of the total costs of invoices submitted by MPD to cover the costs incurred for outdoor special events where the licensee has been approved for a one-day substantial change license or temporary license. The hours eligible for an outdoor special event operating under a one-day substantial change license, a temporary license, or a pub crawl event operating under a pub crawl license shall be twenty-four (24) hours a day.

718.4 MPD shall submit to ABRA, on a monthly basis, invoices documenting the percentage owed by each licensee. Invoices will be paid by ABRA to MPD within thirty (30) days of receipt in the order that they are received until the subsidy program’s funds are depleted.

718.5 ABRA shall notify MPD when funds in the subsidy program fall below two hundred and fifty thousand dollars ($250,000).

718.6 Any invoices unpaid by ABRA either for good cause or a lack of sufficient funds left in the subsidy program shall remain the responsibility of the licensee.

718.7 ABRA shall not be involved in determining the number of MPD officers needed to work a reimbursable detail.

History

• SOURCE: Final Rulemaking published at 55 DCR 12991 (December 26, 2008); as amended by Final Rulemaking published at 60 DCR 4199 (March 22, 2013); as amended by Final Rulemaking published at 63 DCR 1912 (February 19, 2016); as amended by Final Rulemaking published at 65 DCR 4647 (April 27, 2018); as amended by Final Rulemaking published at 66 DCR 1497 (February 1, 2019); as amended by the Alcoholic Beverage Control Board License Categories, Endorsements, and Hourly and Percentage Rate Amendment Act of 2019, effective February 21, 2020 (D.C. Law 23-0051; 67 DCR 13 (January 3, 2020)); as amended by Final Rulemaking published at 69 DCR 015375 (December 23, 2022). District of Columbia Municipal Regulations Alcoholic Beverages 23 DCMR § 718

23 DCMR § 719 POSTING OF WARNING SIGN

The holder of a retailer’s license shall post in a conspicuous place, a warning sign which covers: (1) the dangers of drinking and driving, (2) the dangers of alcohol consumption during pregnancy, and (3) the current legal drinking age and a patron’s obligation to produce a valid identification document displaying proof of legal drinking age. The warning sign shall indicate that Driving While Intoxicated or Under the Influence is illegal in the District of Columbia.

719.2 The Board shall prepare the signs and make them available at no charge to

licensees.

719.3 Each day of noncompliance shall constitute a secondary tier violation.

History

• Source: Final Rulemaking published at 57 DCR 8685 (September 24, 2010).

23 DCMR § 720 PUBLIC SAFETY PLAN REQUIREMENTS

720.1 An on-premise licensee shall be required to submit a public safety plan to ABRA in order to sell and serve alcoholic beverages and operate during the extended hours set forth in D.C. Official Code § 25-723(c)(1).

720.2 A public safety plan shall be submitted by the on-premise licensee, on a form prescribed by the Board, which at a minimum shall include the following information:

The names and contact information for those individuals designated by the licensee to respond to any public safety issues that arise;

Whether the establishment will have any security cameras in operation;

The number and location of cameras used by the establishment and the length of time that video recordings will be kept;

Whether the establishment will have any security working during the extended hours of operation;

The number of security personnel to be present for the extended hours and the type of security training that security personnel have received;

Whether the establishment will maintain an incident log; and

What are the establishment’s procedures for ensuring that intoxicated persons and minors are not served alcoholic beverages.

720.3 An on-premise licensee may utilize an existing security plan on file with ABRA to fulfill the public safety plan requirement set forth in § 720.1.

History

• SOURCE: Final Rulemaking published at 60 DCR 11588 (August 9, 2013). District of Columbia Municipal Regulations Alcoholic Beverages 23 DCMR § 720

23 DCMR § 721 BOTTLE SERVICE

721.1 The holder of an on-premises retailer's license shall be permitted to provide bottle service of alcoholic beverages to one (1) or more seated patrons.

721.2 A licensee may serve a bucket filled with containers of beer to one (1) or more seated patrons.

721.3 The licensee’s server shall not deliver an alcoholic beverage to any patron in accordance with this section until the licensee has taken reasonable steps to ensure that no alcoholic beverage is delivered to a patron below the legal drinking age or that otherwise appears intoxicated. The server shall open all closed containers at the table before they are served to the seated patrons.

721.4 The licensee shall not permit or allow any patrons to remove the bottle or pitcher from the table, bar or other seating area where served. This provision shall not apply to a single container of beer delivered in a bucket or where patrons have been served alcoholic beverages at the bar prior to receiving table service.

History

• SOURCE: Final Rulemaking published at 64 DCR 1357 (February 10, 2017). District of Columbia Municipal Regulations Alcoholic Beverages 23 DCMR § 721

23 DCMR § 722 SELF-SERVICE MACHINES

722.1 No licensed establishment shall allow self-service machines to be used on the licensed premises without first complying with this section.

722.2 Any person who the licensed establishment has determined is at least twenty-one (21) years of age may purchase an access card that may be used to purchase beer or wine from a self-service machine.

722.3 Before selling a prepaid access card to a customer, the licensed establishment shall check the customer’s valid government-issued identification to ensure that the customer is at least twenty-one (21) years of age.

722.4 Customers shall only be allowed to purchase one (1) drink at a time with their access card.

722.5 Licensed establishments shall not knowingly allow third parties to directly or indirectly purchase beer or wine from self-service machines with another customer’s access card.

722.6 Each licensed establishment offering self-service machines shall ensure that:

Only persons who are least twenty-one (21) years of age are able to utilize the self-service machines;

The prepaid access cards are programmed to allow the dispensing of no more than thirty-two ounces (32 oz.) of beer and fifteen ounces (15 oz.) of wine to a customer. Once the customer has dispensed the maximum amount of beer or wine, the access card shall be deactivated. The customer will need to provide the licensee or its designee with their identification before being allowed to add additional money on their access card;

The licensed establishment shall assess customers seeking to add additional money on their access card for signs of intoxication. No customer that reasonably appears to be intoxicated shall be permitted to add additional funds to their access cards; and

The licensed establishment shall retain control of the self-service machine.

722.7 All access cards shall be deactivated at the end of the licensed establishment’s approved hours.

722.8 For purposes of this section, “self-service machine” shall mean any mechanized device that is capable of dispensing beer, wine, or both directly to a customer.

History

• SOURCE: Final Rulemaking published at 67 DCR 14479 (December 11, 2020). District of Columbia Municipal Regulations Alcoholic Beverages 23 DCMR § 722

23-8 ENFORCEMENT, INFRACTIONS, AND PENALTIES

23 DCMR § 800 ABRA CIVIL PENALTY SCHEDULE

800.1

Section

Description

Violation

Warning

25-110

Violating Terms of Manufacturer's License

Primary

Y

25-111

Violating Terms of Wholesaler's License

Primary

Y

25-112(a)-(c)

Violating Terms of Off-Premise Retailer's License

Primary

Y

25-112(b)

Knowingly Allowing Patron to Open Containers in Off-Premises Licensed Establishments

Primary

Y

25-112(c)(2A)

Purchasing Alcoholic Beverages from an Off-Premises Licensee When Wholesalers are Open

Primary

Y

25-112(e)(1)

Failure to File a Statement of Expenditures

Secondary

Y

25-112(e)(1)

Failure to Timely File a Statement of Expenditures and Receipts

Secondary

Y

25-113

Violating Terms of On-Premise Retailer's License

Primary

Y

25-113(a)(b)

Failure to Obtain Entertainment Endorsement

Primary

Y

25-113(a)(c)

Failure to Obtain a Summer Garden or a Sidewalk Café Endorsement

Primary

Y

25-113(a)(2)(A)(ii)

Knowingly Allowing Patron to Exit the Premises with an Open Container

Secondary

N

25-113(a)(3)(D)(i)

Selling alcoholic beverages for carryout or delivery to a consumer at an unregistered location

Secondary

Y

25-113(a)(3)(D)(v)

Selling Alcoholic Beverages for Carryout or Delivery to a Consumer Outside of the Approved Hours

Primary

Y

25-113(a)(5)(A)

Retailer’s Class C or D Purchased Alcoholic Beverages from an Off-Premises Retailer’s Class A or B

Primary

N

25-113a(b)(1)

Failure to Obtain Entertainment Endorsement

Primary

Y

25-113a(b)(1)

Cover Charge Without Endorsement

Secondary

Y

25-113a(b)(1)

Dancing Without Endorsement

Secondary

Y

25-113a(c)

Operating a Summer Garden or a Sidewalk Café Outside of Allowed Hours

Primary

Y

25-113(a)(3)

Selling or Serving Alcohol in a Closed Container

Secondary

Y - Mandatory

25-113(b)(1)

Failure to Keep Kitchen Open Two Hours Before Closing

Secondary

Y - Mandatory

25-113(b)(2)(A)

Failure of Restaurant to File a Quarterly Statement

Secondary

Y - Mandatory

§ 25-113(b)(3)(B)

Failure of Restaurant to Comply with Food Sales Requirement

Primary

Y

25-113(d)(1)

Failure to Submit a Security Plan

Primary

Y

25-113(e)(4)(A)

Failure of Hotel to File a Quarterly Statement

Secondary

Y - Mandatory

§ 25-113(e)(5)(B)

Failure of Hotel to Comply with Food Sales Requirement

Primary

Y

25-113(i)(4)

Failure by Caterer to File and Maintain Records for Inspection

Secondary

Y

25-113(i)(6)

Holding a Catered Event on a Public Street Closed by the District Government

Primary

N

25-113(j)(3)

Failure to Maintain Books and Records on Premises

Primary

Y - Mandatory

25-113(j)(3)(B)

Failure to Obtain Board Approval for Off-site Storage of Books and Records

Secondary

Y - Mandatory

25-113(j)(3)(C)

Failure of the Licensee to Keep or Maintain its Books, Records, or Invoices for 3 Years

Primary

Y

25-113a

Offering Entertainment After the Approved Entertainment Hours

Secondary

Y

25-113a(b)

Cover Charge Without Endorsement

Secondary

Y

25-113a(b)

Dancing Without Endorsement

Secondary

Y

25-113.01(b)(1)

Offering Entertainment Without an Entertainment Endorsement

Primary

Y

25-113.01(b)(1)

Imposing a Cover Charge Without an Entertainment Endorsement

Secondary

Y

25-113.01(b)(1)

Offering Dancing Facilities Without an Entertainment Endorsement

Secondary

Y

25-113.01(b)(2)

Offering Entertainment Outside of the Approved Entertainment Hours - Manufacturer Licenses Holding an On-Site Sales and Consumption Permit

Secondary

Y

25-113.01(c)

Operating a Summer Garden or Sidewalk Café Outside of the Approved Hours - Manufacturer Licenses Holding an On-Site Sales and Consumption Permit

Primary

Y

25-113.01(c)

Operating a Summer Garden or Sidewalk Café Without the Endorsement

Primary

Y

25-114(a)

Violating Terms of Arena C/X License

Primary

Y

25-115(a)

Violating Terms of Temporary License

Primary

Y

25-116

Violating Terms of Solicitor's License

Primary

Y

25-117

Violating Terms of Brew Pub Permit

Primary

Y

25-117

Violating Terms of Brew Pub Endorsement

Primary

Y

25-117(a)(5)(B)

Licensee Holding a Brew Pub Endorsement Using a Third-Party Delivery Company or Platform to Deliver to Other Licensees

Primary

Y

25-118

Failure to Obtain Tasting Permit, or Exceeding Scope of Tasting Permit

Primary

Y

25-118(e)

Offering Tasting Outside of the Approved Hours – Manufacturers

Secondary

Y

25-118(f)(1)

Offering Tasting Outside of the Approved Hours – Wholesalers

Secondary

Y

25-118(g)(1)

Offering Tasting Outside of the Approved Hours – Private Collector

Secondary

Y

25-119

Importing Alcohol by Licensee Without Permit

Primary

Y

25-119

Importing Alcohol Without Permit

Primary

Y

25-120(i)(A)(i)

A Manager Directly Sold an Alcoholic Beverage to a Minor

Primary

Y

25-120(i)(A)(ii)

A Manager Directly Interfered with an ABRA or MPD Investigation

Primary

N

25-120(i)(A)(iii)

A Manager Made False or Misleading Statements During or After a RI or Investigation

Primary

N

25-120(i)(A)(iv)

A Manager Aided, Abetted, or Conspired with a Licensed or Unlicensed Person to Evade Compliance with ABRA Requirements

Primary

N

25-120(i)(A)(v)

A Manager Allowed the Manager’s License to be Used by an Unlicensed Person

Primary

N

25-121

Providing Alcohol Awareness Training Without Board Approval

Secondary

Y

25-123

Violating Terms of Farm Winery License

Primary

Y

25-125(b)

Operating as a Distillery Pub Without a Distillery Pub Endorsement

Primary

Y

25-125(d)(2)

Operating as Distillery Pub Outside of the Approved Hours

Primary

Y

25-126(a)

Sale, Serve and/or Consumption Without the On-Site Sale and Consumption Permit – Manufacturer Licensees

Primary

Y

25-126(b)

Sale, Serve, and/or Consumption Outside of the On-Site Sale and Consumption Permit Approved Hours – Manufacturer Licensees

Primary

Y

25-127

Violating Terms of Festival License

Primary

Y

25-130

Violating Terms of Third-Party Alcohol Delivery License in a Manner Not Otherwise Specified in This Table

Primary

Y

25-130(f)

Failure of Third-Party Alcohol Delivery Licensee to Timely File Semi-Annual Report

Secondary

Y – Mandatory

25-130(g)

Failure of Third-Party Alcohol Delivery Licensee to Keep or Maintain its Books and Records for 3 Years

Primary

Y

25-130(g)

Failure of Third-Party Alcohol Delivery Licensee to Maintain Books and Records on Premises or at a Board-approved location

Primary

Y – Mandatory

25-130(h)

Failure of Licensee that Utilizes the Service of a Third-Party Delivery Company to Register with the Board

Primary

Y

25-131

Violating Terms of Commercial Lifestyle Center License (CLC License) in a Manner Not Otherwise Specified in This Table

Primary

Y

25-131(e)(8)

Failure of CLC Licensee to Control Litter, Trash, and Debris

Secondary

Y

25-341

Violating Ward 4 Moratorium

Primary

Y

25-342

Violating Ward 7 Special Restrictions

Primary

Y

25-343

Violating Ward 8 Special Restrictions

Primary

Y

25-344

Violating Mt. Pleasant Special Restrictions

Primary

Y

25-345

Violating Ward 2 Restrictions

Primary

Y

25-346

Violating Ward 6 Restrictions

Primary

Y

25-371

Allowing Nude Dancing Without a License

Primary

Y

25-372

Violating Restrictions on Nude Dancing Performances

Primary

Y

25-401

False Statement on an Application or in Any Accompanying Statement required by the Board

Primary

N

25-402(e)(1)

Failure to Complete a Mandatory Licensee Training

Secondary

Y

25-403(e)(3)(G)(i)

Failure to Ensure Cameras are Operational

Primary

Y

25-403(e)(3)(G)(ii)

Failure to Ensure Any Footage of a Crime of Violence is Maintained for a Minimum of 30 days

Primary

Y

25-403(e)(3)(G)(iii)

Failure to Ensure Security Footage is Available within 48 Hours Upon Request

Primary

Y

25-405

Transfer of Ownership Without Board Approval

Primary

Y

25-423(d)

Failure to Maintain Posted Notices (Placards)

Secondary

Y

25-701

Board-Approved Manager Required

Secondary

Y

25-701(b)

Failure to Notify Board of ABC Manager’s Conviction

Secondary

Y - Mandatory

25-702

Failure to Notify Board of Employee’s Conviction

Secondary

Y - Mandatory

25-703

Licensee or Board Approved Manager Superintending the Licensed Establishment under the Influence of Alcohol or Illegal Drugs

Primary

Y

25-704(a)

Failure to Timely Provide to the Board a Copy of a Management Agreement with a Third-Party for the Management of a Licensed Premises

Secondary

Y

25-711(a)

Failure to Post and Carry Licenses

Secondary

Y - Mandatory

25-711(a)(1)

Failure to Post Licenses

Secondary

Y - Mandatory

25-711(a)(3)(A)

Failure to Make Immediately Accessible to an ABCA Official or MPD, Upon Request, a Settlement Agreement or Security Plan

Secondary

Y

25-711(b)

Failure to Post Lettering on Front Windows or Door

Secondary

Y - Mandatory

25-711(c)

Failure of Temporary License Holder to Have License Available

Secondary

Y

25-711(d)

Failure of Solicitor to Carry License

Secondary

Y - Mandatory

25-711(e)

Failure of Manager to Carry License

Secondary

Y - Mandatory

25-711(f)

Owner or Licensed Manager Failure to Produce a Valid ID to ABRA or MPD

Secondary

Y

25-712

Failure to Post Signs: Warning Re: Pregnancy

Secondary

Y - Mandatory

25-712(a)

Failure to Post Sign: Warning: Drinking alcoholic beverages during pregnancy can cause birth defects.

Secondary

Y - Mandatory

25-713

Failure to Post Signs: Legal Drinking Age/Valid ID

Secondary

Y - Mandatory

25-721

Sale and Delivery Outside of Legal Hours for Manufacturer & Wholesaler

Primary

Y

25-722

Sale and Delivery Outside of Legal Hours for Off-site Premises Licensees

Primary

Y

25-723(b)

Sale, Service, and Consumption Outside of Legal Hours – On-premises Licensees

Primary

Y

25-723(b)

Sale and Service Outside of Licensed Hours

Primary

Y

25-723(b-1)

Delivering Alcoholic Beverages Outside of Approved Hours - On-Premises Retailer’s License or Manufacturer’s Licensee with an On-Site Sales and Consumption Permit

Primary

Y

25-723(b-2)

Operating or Permitting the Sale, Service, and Consumption of Alcoholic Beverages Outside of Approved Hours – Commercial Lifestyle Center Licensees

Primary

Y

25-723(c)(4)

Failure to Obtain Operating Holiday Extension Hours - Class C and D Retailers

Primary

Y

25-723(d)

Daylight Savings Time Operation Without Notice

Secondary

Y

25-724

Sale and Delivery Outside of Hours Restricted by Board Order or Settlement Agreement

Primary

Y

25-725

Noise from Licensed Establishment

Secondary

Y

25-726

Control of Litter, Trash, Garbage, and Proper Disposal of Refuse, Including Cooking Oils

Secondary

Y

25-731

Credit and Delinquency

Secondary

Y

25-733

Delivery and Payment Records and Reports

Secondary

Y

25-734

Sale by Retailer on Credit

Secondary

Y - Mandatory

25-735

Gifts and Loans from Manufacturer

Primary

Y

25-736

Gifts and Loans from Wholesaler

Primary

Y

25-741(a)

Providing Go-Cups at A & B Licensed Establishments

Secondary

Y

25-742

Solicitation of Drinks by Employee

Secondary

Y

25-743

Tie-in Purchases Prohibited

Primary

Y

25-751

Limitations on Container Size

Secondary

Y

25-752

Containers to be Labeled

Secondary

Y

25-753

Keg Registration Required

Primary

Y

25-754

Violating Beverage Storage Restrictions

Primary

Y

25-761

Structural Requirements

Secondary

Y

25-762(b)(1)

Failure to Obtain Approval to Increase Occupancy or the Use of Interior Space

Primary

Y

25-762(b)(2)

Failure to Obtain Approval to Expand Exterior Public or Private Space Including Summer Gardens or Sidewalk Cafes

Primary

Y

25-762(b)(3)

Failure to Obtain Approval to Expand to Another Floor, Roof, or Deck

Primary

Y

25-762(b)(4)

Failure to Obtain Approval to Provide For or Expand Entertainment Area

Secondary

Y

25-762(b)(5)

Failure to Obtain Approval to Diminish or Expand Dining or Food Prep Area

Secondary

Y

25-762(b)(6)

Failure to Obtain Approval to Provide Permanent Space for Dancing

Primary

Y

25-762(b)(7)

Failure to Obtain Approval to Change Exterior Design

Secondary

Y

25-762 (b)(10)

Failure to Obtain Approval to Change Entertainment to Include Nude Performances

Primary

Y

25-762(b)(11)

Failure to Obtain Approval to Change From Full Menu to Snack Menu

Secondary

Y - Mandatory

25-762(b)(12)

Failure to Obtain Approval to Change On-Premises to Carry-out

Primary

Y

25-762(b)(12)

Failure to Obtain Approval to Change On-Premises to Add Carry Out

Secondary

Y

25-762(b)(13)

Failure to Obtain Approval to Extend the Board-approved Hours of Operation

Primary

Y

25-762(b)(14)

Failure to Obtain Approval to Provide New Mechanical or Electronic Entertainment

Secondary

Y

25-762(b)(15)

Failure to Obtain Approval to Change Trade Name or Corp Name With Ownership Change

Secondary

Y - Mandatory

25-762(b)(16)

Failure to Obtain Approval to Change Booth Size

Secondary

Y - Mandatory

25-762(b)(17)

Failure to Obtain Approval to Reduce Number of Toilet Facilities

Secondary

Y - Mandatory

25-762(b)(18)

Failure to Obtain Approval to Increase Number of Vessels Under On-Premises

Primary

Y

25-763

Restrictions on Use of Signs

Secondary

Y - Mandatory

25-764

Advertisements Related to Alcohol

Secondary

Y - Mandatory

25-765

Advertisements on Windows and Doors

Secondary

Y - Mandatory

25-766

Prohibited Statements

Secondary

Y

25-767

Violating Terms of Outdoor Common Seating Area – Commercial Lifestyle Center Licensee

Primary

Y

25-771

Reporting by Manufacturers

Secondary

Y

25-772

Unlawful Importation of Beverages

Primary

Y

25-781

Sale to Minors - Egregious

Primary

Y

25-781

Sale to Minors - Non-egregious

Primary

Y - Mandatory

25-781

Sale to Intoxicated Persons

Primary

Y

25-782(a)

Restrictions on Minors Entrance into Class A

Primary

Y

25-782(d)

Denying Admittance to Someone of Legal Drinking Age

Secondary

Y

25-783(a)

Sale to Someone Who Fails to Produce a Valid ID

Primary

Y

25-783(b)

Failure to Take Reasonable Steps to Ascertain Legal Age

Primary

Y

25-784(a)

Prohibit Persons Under 21 From Sell, Give, Furnish or Distribute, Except as Provided in 25-784(b)

Secondary

Y

25-784(b)

18-20 Person May Sell, Serve or Deliver, But May Not Bartend

Secondary

Y

25-791(a)

Failure to Surrender License Into Safekeeping

Secondary

Y – Mandatory

25-797(a)

Failure to Control Licensed Establishment

Primary

N

25-797(b)

Allowing Third Party or Promoter to Provide Security

Primary

N

25-802

Failure to Allow Examination of Premises, Books and Records

Primary

Y

25-823(1)

Violation of Any Law Outside of Title 25 of the District of Columbia Code or Title 23 of the District of Columbia Municipal Regulations

Primary

Y

25-823(2)

Allowing Establishment to be Used for an Unlawful or Disorderly Purpose

Primary

N

25-823(3)

Failure by Owner or ABC Manager to Superintend Licensed Business

Secondary

N

25-823(4)

Allowing Employees or Agents to Engage in Prostitution, Sexual Acts, or Sexual Contact

Primary

N

25-823(5)

Failure to Allow/Delays ABRA or MPD to Inspect Premises or Books and Records, or Otherwise Interferes With an Investigation

Primary

N

25-823(6)

Failure to Follow Settlement Agreement

Secondary

Y

25-823(6)

Failure to Follow Security Plan

Primary

Y

25-823(6)

Failure to Follow a Board Order

Primary

N

25-823(a)(1)

Violation of Any Law Outside of Title 25 of the District of Columbia Code or Title 23 of the District of Columbia Municipal Regulations

Primary

Y

25-823(a)(2)

Allowing Establishment to be Used for an Unlawful or Disorderly Purpose

Primary

N

25-823(a)(3)

Failure by Owner or ABC Manager to Superintend Licensed Business

Secondary

Y

25-823(a)(4)

Allowing Employees or Agents to Engage in Prostitution, Sexual Acts, or Sexual Contact

Primary

Y

25-823(a)(5)

Failure to Allow/Delays ABRA or MPD to Inspect Premises or Books and Records

Primary

N

25-823(a)(5)

Interferes With ABRA or MPD Investigation

Primary

Y

25-823(a)(5)(A)

Refusing to Allow ABCA or MPD to Enter or Inspect Premises without Delay

Primary

N

25-823(a)(5)(B)

Refusing to Allow the Examination of Books and Records

Primary

Y

25-823(a)(5)(C)

Providing False or Misleading Statements with the Intention of Influencing, Impeding, or Obstructing an ABCA or Metropolitan Police Department Investigation

Primary

Y

25-823(a)(5)(D)

Destroying or Concealing Evidence in Connection with an ABCA or Metropolitan Police Department Investigation

Primary

N

25-823(a)(5)(E)

Failure to Produce Documents, Records, or Videos Within 48 Hours of a request in an ABCA or Metropolitan Police Department Investigation

Primary

Y

25-823(a)(6)

Failure to Follow Settlement Agreement

Secondary

Y

25-823(a)(6)

Failure to Follow Security Plan

Primary

Y

25-823(a)(6)

Failure to Follow a Board Order

Primary

Y

25-823(a)(7)

Failure to Follow the Terms of License Approved by the Board

Primary

Y

25-823(a)(8)

Failure to Preserve a Crime Scene

Primary

N

25-828(c)

Licensee Defaces Notice of Suspension Placard

Secondary

Y

25-830(i)

Selling or Serving Alcohol on a Suspended or Expired License or License Held in Safekeeping

Primary

N

25-830(j)

Failure to Comply with Either of the Food Requirements

Primary

Y

25-833

Tampering or Refilling Bottles

Primary

N

25-834

Sell or Offer to Sell Powdered Alcohol

Primary

N

25-835

Forged, Counterfeit, or Endorse a Document Issued by ABRA

Primary

N

25-836(a)(1)-(2)

Failure of a Covered License Holder to File and Maintain a Written and Compliant Security Plan

Primary

Y

25-836(g)(1)

Failure of a Covered Licensee to Ensure that Security Cameras are Operational, Capable of Recording, and Actually Recording While the Establishment is in Operation

Primary

Y

25-836(g)(2)

Failure of a Covered Licensee to Maintain Video Footage of a Crime of Violence or a Crime Involving a Gun for 30 days

Primary

Y

25-836(g)(3)

Failure to Make Video Footage Available Within 48 Hours of a Request from an ABCA Investigator or Member of the Metropolitan Police Department

Primary

Y

25-836(g)(4)

Failure of a Covered Licensee to Ensure that the Establishment and Security Cameras Comply with All Technological and Operational Standards Established by the Board

Primary

Y

25-836(i)(1)

Failure of a Covered Licensee to File an Amended Security Plan Within 10 days

Secondary

Y

23 DCMR 203

Failure to Obtain Retailer Purchasing Permit

Primary

Y

23 DCMR 205.2

Failure to Obtain Storage Facility Permit

Secondary

Y

23 DCMR 205.3

Failure to Obtain Off-premises Storage Permit

Primary

Y

23 DCMR 206

Sale By a Retailer of Spirits, Wine, or Beer On Their Premises Without a Retailer Purchasing Permit

Primary

Y

23 DCMR 208.19

Submission of Knowingly False or Misleading Affidavit

Primary

N

23 DCMR 209

Establishing a Bonded Warehouse as a Storage Facility for Alcoholic Beverages Without a Storage Facility Permit

Secondary

Y

23 DCMR 210

Storing Alcoholic Beverages at a Storage Facility Without an Off-premises Storage Permit

Primary

Y

23 DCMR 214.17

Submission of Knowingly False or Misleading Affidavit

Primary

N

23 DCMR 600.1

Change Trade Name without Board Approval

Secondary

Y - Mandatory

23 DCMR 600.1

Change Corporate Name Without Board Approval

Secondary

Y - Mandatory

23 DCMR 600.3

Area Identified by Trade Name Inaccessible to Patrons

Secondary

Y

23 DCMR 601

Failure to Notify Board of Change in Ownership, Corporate Officers, or Partners

Secondary

Y

23 DCMR 702.3

Private Club Open to Public

Primary

Y

23 DCMR 705.9

Retailer's Class C, D, F, G, or Caterer Permits the Consumption of Alcoholic Beverages After Hours

Primary

Y

23 DCMR 706

Remaining Open Without Securing Beverages or Having an ABC Manager or Owner Present

Secondary

Y

23 DCMR 707.1

Licensee or Board Approved Manager on Licensed Premises During Hours of Sale, Service or Consumption

Secondary

Y

23 DCMR 710.2

Minimum Charge Greater Than Value of Food or Beverage

Secondary

Y - Mandatory

23 DCMR 710.4

Failure to Post Sign Indicating Minimum Charge

Secondary

Y - Mandatory

23 DCMR 712

Hosting a Pub Crawl Without Board Approval or in a Manner Other Than as Approved by the Board

Primary

Y

23 DCMR 712

Violating Terms of a Pub Crawl License

Primary

Y

23 DCMR 712.23

Participating in an Unlicensed Pub Crawl

Secondary

Y

23 DCMR 717.1

Permitting Alcoholic Beverages Brought by Consumer to be Removed From Premises

Secondary

Y

23 DCMR 717.2

Corking Fee

Secondary

Y

23 DCMR 719.1

Sign re: Drinking and Driving

Secondary

Y - Mandatory

23 DCMR 719.1

Sign re: Pregnancy, Legal Drinking Age/Valid ID, Drinking and Driving

Secondary

Y - Mandatory

23-DCMR 721.1

Allowing Establishment to Provide Bottle Service of Alcoholic Beverages to One (1) or More Non-seated Patrons

Secondary

Y

23-DCMR 721.2

Allowing Establishment to Serve a Bucket filled with Containers of Beer to One (1) or More Non-seated Patrons

Secondary

Y

23-DCMR 721.3

Failure by the Server to Open All Closed Containers Before Serving Them to the Seated Patrons

Secondary

Y

23-DCMR 721.4

Allowing Patrons to Remove the Bottle or Pitcher from the Table, Bar or Other Seating Area Where Served

Secondary

Y

23 DCMR 900

Primary American Source of Supply

Primary

Y

23 DCMR 901

Beer Labeling

Secondary

Y

23 DCMR 902

Open Container or Package in Vehicle

Primary

Y

23 DCMR 905

Discriminatory Admittance Requirements

Secondary

Y

23 DCMR 1002

Cover Charge Without Entertainment Endorsement

Secondary

Y

23 DCMR 1204

Failure to Keep and Maintain Delivery Slips

Primary

Y

23 DCMR 1206

Failure of Manufacturer Class A to Submit Monthly Report

Secondary

Y - Mandatory

23 DCMR 1207.1

Failure to File Quarterly Statements

Secondary

Y - Mandatory

23 DCMR 1207.5

Failure to File Annual Reports

Secondary

Y

23 DCMR 1207.9

False Statement on a Quarterly Statement or Annual Report

Primary

N

23 DCMR 1208

Failure of the Licensee to Keep or Maintain its Books, Records, or Invoices.

Primary

Y

23 DCMR 1303

Failure to Properly Transport Alcoholic Beverages in a Vehicle

Secondary

Y

23 DCMR 2000.1

The Selling, Delivering, or Serving of Alcoholic Beverages at a Catered Event Where Snack Items Are the Only Food Products Served by the Caterer

Primary

N

23 DCMR 2000.2

Caterer or Designated Manager on Premises of Event

Secondary

Y

23 DCMR 2000.3

Submission of False or Misleading Affidavit

Primary

N

23 DCMR 2002.1

Purchase of Alcoholic Beverages by Caterers

Secondary

Y

23 DCMR 2002.2

Failure to Maintain Caterer Records

Primary

Y

23 DCMR 2003.1

Improper Storage of Alcoholic Beverages by Caterer

Primary

Y

23 DCMR 2004.1

Importation and Transportation of Alcoholic Beverages by Caterer

Primary

Y

23 DCMR 2004.2

Removal of Unsealed Container by Caterer

Secondary

Y

23 DCMR 2004.3

Storage of Unopened Alcoholic Beverage by Caterer

Primary

Y

23 DCMR 2005.1

Caterer: No ABC Manager Present

Secondary

N

23 DCMR 2005.2

Caterer: No License Available for Public Inspection

Secondary

Y

23 DCMR 2006.1

Failure to File Caterer Report

Secondary

Y - Mandatory

23 DCMR 2006.2

Caterer: False or Misleading Information in Report

Primary

N

23 DCMR 2006.5

Caterer: Failure to Timely File Report

Secondary

Y - Mandatory

800.2 The penalties contained under this section shall become effective five (5) days after publication in the District of Columbia Register.

800.3 None of the descriptions contained in Subsection 800.2 shall be construed to expand, limit, or define any specific violation.

800.4 Whether violations are classified as primary tier or secondary tier shall be determined with reference to the ABRA civil penalty schedule in effect when the violation was committed.

History

• SOURCE: Final Rulemaking published at 51 DCR 4309 (April 30, 2004); as amended by Final Rulemaking published at 55 DCR 12991 (December 26, 2008); as amended by Final Rulemaking published at 60 DCR 13044 (September 20, 2013); as amended by Final Rulemaking published at 64 DCR 1039 (February 3, 2017); as amended by Final Rulemaking published at 64 DCR 1357 (February 10, 2017); as amended by Final Rulemaking published at 65 DCR 6535 (June 15, 2018); as amended by Final Rulemaking published at 67 DCR 14197 (December 4, 2020); as amended by rulemaking published at 71 DCR 002146 (March 1, 2024). District of Columbia Municipal Regulations Alcoholic Beverages 23 DCMR § 800

23 DCMR § 801 PRIMARY TIER VIOLATIONS

801.1 The Board may fine a licensee for a primary tier violation at a show cause hearing scheduled pursuant to the notice requirements set forth in § 1604 as follows:

(a) For the first primary tier violation, the fine shall be $ 1000-$ 2000.

(b) For the second primary tier violation within two years, the fine shall be $ 2,000-$ 4,000.

(c) For the third primary tier violation in three years, the fine shall be $ 4,000-$ 6,000.

(d) For the fourth primary tier violation in four years, the ABC license shall be revoked or fined no less than $30,000 and suspended for 30 consecutive days.

(e) For the fifth primary tier violation in four years, the ABC license shall be revoked.

History

• SOURCE: Final Rulemaking published at 51 DCR 4309 (April 30, 2004); as amended by Final Rulemaking published at 55 DCR 12991 (December 26, 2008 – Part 2); as amended by Final Rulemaking published at 60 DCR 13044 (September 20, 2013). District of Columbia Municipal Regulations Alcoholic Beverages 23 DCMR § 801

23 DCMR § 802 SECONDARY TIER VIOLATIONS

802.1 The Board may fine a licensee for a secondary tier violation at a show cause hearing scheduled pursuant to the notice requirements set forth in § 1604 as follows:

(A) For the first secondary tier violation, $250-$500.

(B) For the second secondary tier violation within two years, $500-$750.

(C) For the third secondary tier violation within three years, $750-$1,000.

(D) A licensee found in violation of a secondary tier violation for the fourth time within 4 years shall be penalized according to a first primary tier violation ($1,000-2,000). Every subsequent secondary tier offense within 5 years of the first violation shall be fined according to the schedule for primary tier violations.

History

• SOURCE: Final Rulemaking published at 51 DCR 4309 (April 30, 2004); as amended by Final Rulemaking published at 55 DCR 12991 (December 26, 2008 – Part 2). District of Columbia Municipal Regulations Alcoholic Beverages 23 DCMR § 802

23 DCMR § 803 CITATIONS FOR PRIMARY TIER VIOLATIONS

803.1 ABRA investigators or Metropolitan Police Department Officers (“MPD Officer”) shall issue citations, pursuant to D.C. Official Code § 25-801(b), for primary tier violations as follows:

(a) For the first primary tier violation, the fine shall be $ 1000.

(b) For the second primary tier violation within two years, the fine shall be $ 2,000.

(c) For the third primary tier violation in three years, the fine shall be $ 4,000.

(d) For the fourth or fifth primary tier violation in four years, the violation shall be referred to the Board for a show cause hearing pursuant to § 1604.

History

• SOURCE: Final Rulemaking published at 51 DCR 4309 (April 30, 2004); as amended by Final Rulemaking published at 55 DCR 12991 (December 26, 2008 – Part 2); as amended by Final Rulemaking published at 60 DCR 13044 (September 20, 2013). District of Columbia Municipal Regulations Alcoholic Beverages 23 DCMR § 803

23 DCMR § 804 CITATIONS FOR SECONDARY TIER VIOLATIONS

804.1 ABRA investigators or MPD Officers shall issue citations, pursuant to D.C. Official Code § 25-801(b), for secondary tier violations as follows:

(A) For the first secondary tier violation, the fine shall be $250.

(B) For the second secondary tier violation within two years, the fine shall be $500.

(C) For the third secondary tier violation within three years, the fine shall be $750.

(D) For the fourth secondary tier violation within four years, the fine shall be $1,000. Every subsequent secondary tier offense within five years of the first shall be fined according to the schedule for primary tier violation citations set forth in § 803 of this title.

History

• SOURCE: Final Rulemaking published at 51 DCR 4309 (April 30, 2004); as amended by Final Rulemaking published at 55 DCR 12991 (December 26, 2008 – Part 2). District of Columbia Municipal Regulations Alcoholic Beverages 23 DCMR § 804

23 DCMR § 805 WARNINGS

805.1 An ABRA investigator or MPD Officer is not precluded from issuing an administrative written warning before the issuance of a citation for a violation as permitted by § 800 of this title.

805.2 In not less than ten (10) business days following the issuance of an administrative written warning, an ABRA investigator shall conduct a subsequent inspection of the licensed premises to ensure that the licensee has taken corrective action for the violation found for which the administrative written warning was issued. If corrections to violations that resulted in the issuance of the administrative written warning are not completed at the time of the subsequent inspection, the ABRA investigator shall issue the licensee a citation or refer the matter to the ABC Board if (1) the licensee observes other violations that are not entitled to a warning or (2) the licensee already has three or more secondary tier violations.

805.3 A licensee entitled to a mandatory administrative written warning for a first violation shall not be entitled to a mandatory administrative written warning for a second or subsequent violation of the same offense committed within four (4) years of issuance of the first mandatory administrative written warning.

History

• SOURCE: Final Rulemaking published at 51 DCR 4309 (April 30, 2004); as amended by Final Rulemaking published at 55 DCR 12991 (December 26, 2008); as amended by Final Rulemaking published at 60 DCR 13044 (September 20, 2013); as amended by Final Rulemaking published at 66 DCR 1822 (February 8, 2019). District of Columbia Municipal Regulations Alcoholic Beverages 23 DCMR § 805

23 DCMR § 806 CITATION APPEALS

806.1 A licensee may challenge the issuance of a citation issued by an ABRA Investigator or MPD Officer by requesting in writing a show cause hearing before the Board. The written request for a show cause hearing must be received by ABRA within thirty (30) days from the date that the citation was issued to the establishment.

History

• SOURCE: Final Rulemaking published at 51 DCR 4309 (April 30, 2004); as amended by Final Rulemaking published at 55 DCR 12991 (December 26, 2008 – Part 2). District of Columbia Municipal Regulations Alcoholic Beverages 23 DCMR § 806

23 DCMR § 807 SALE TO MINOR VIOLATIONS

807.1 The Board may give warnings for first-time sale to minor offenses, excluding “egregious” sale to minor violations. Egregious shall be defined as “a sale to minor violation where the licensee: (1) sold or served an alcoholic beverage to a minor who was unable to produce a valid identification after a request from the licensee to do so, or (2) intentionally sold an alcoholic beverage to a minor.”

History

• Source: Final Rulemaking published at 57 DCR 8686 (September 24, 2010).

23 DCMR § 808 VIOLATION HISTORY COMPUTATION

808.1 This section applies to all instances that require a computation of a person’s or licensee’s violation history, including, but not limited to, D.C. Official Code §§ 25-781, 25-783, and 25-830.

808.2 The review period for computing the number of a licensee’s prior primary and secondary tier violations commences on the date of violation in the instant case, and runs backward for the number of years specified in §§ 808.6, 808.7, and 808.8, as applicable.

808.3 The computation of violation history shall only include prior adjudicated cases whose dates of adjudication fall within the applicable review period for the instant case.

808.4 The date of adjudication for computation purposes shall be the date:

(a) The citation was paid;

(b) A final written order finding liability has been issued by the Board;

(c) A staff settlement was paid; or

(d) The date an offer-in compromise was accepted by the Board.

808.5 The computation shall not include:

Any violation that has not been adjudicated as of the date of the violation in the instant case;

Any adjudicated case whose date of adjudication falls outside of the review period.

808.6 A licensee shall be found liable for a second primary or secondary tier violation, whichever is applicable, if one (1) prior violation of the same tier was adjudicated within two (2) years of the date of violation in the instant case.

808.7 Except as specified in D.C. Official Code § 25-781 and § 25-783, a licensee shall be found liable for a third primary or secondary tier violation, whichever is applicable, if two (2) prior violations of the same tier were adjudicated within three (3) years of the date of violation in the instant case.

808.8 Except as otherwise specified in D.C. Official Code § 25-781 and § 25-783, a licensee shall be found liable for a fourth primary or secondary tier violation, whichever is applicable, if three (3) prior violations of the same tier were adjudicated within four (4) years of the date of violation in the instant case.

808.9 Any licensee who is found liable for a fourth secondary tier violation within four (4) years shall, pursuant to D.C. Official Code § 25-830(d):

(a) Be deemed to have committed a first primary tier violation;

(b) Be subject to penalty and fine schedule for primary tier violations for five (5) years from the date of the violation in the instant case, during which time each subsequent secondary tier violation shall be deemed a subsequent primary tier violation for all purposes.

808.10 Except as otherwise specified in D.C. Official Code § 25-781 and § 25-783, a licensee shall be found liable for a fifth primary tier violation if four (4) prior primary tier violations were adjudicated within four (4) years of the date of violation in the instant case.

808.11 Subsections 808.6, 808.7, and 808.8 do not apply to violations of D.C. Official Code § 25-781 and § 25-783, which establish the penalties for a single violation of either statute and establish graduated penalties for multiple violations of either statute. All other provisions of this subsection apply to § 25-781 and § 25-783.

.

808.12 Each date upon which a violation is committed shall constitute a separate violation.

808.13 When a violation requires multiple instances, a continuous course of conduct, or other ongoing acts to sustain a charge, the date of the violation shall be the last date on which any act related to the violation occurred.

808.14 If multiple secondary tier violations are committed on the same date, they will be counted as one (1) violation for purposes of computing a licensee’s violation history.

808.15 If primary and secondary tier violations are committed on the same date, they will be adjudicated separately; a licensee may be found liable for primary and secondary tier violations committed on the same date, and for multiple primary tier violations committed on the same date.

808.16 If the Board suspends a Respondent’s license but stays the suspension:

(a) The stay shall commence on the date of adjudication and conclude on the one (1)-year anniversary of that date;

(b) The stay shall be revoked and the suspension imposed upon adjudication of any subsequent violation within the stay period.

808.17 Written warnings, either issued by the Board or by citation, are not counted as violations for computation purposes.

History

• SOURCE: Final Rulemaking published at 63 DCR 8877 (June 24, 2016). District of Columbia Municipal Regulations Alcoholic Beverages 23 DCMR § 808

23 DCMR § 809 CEASE AND DESIST ORDERS

809.1 The Board, in its discretion, may issue a cease and desist order immediately suspending a licensee’s liquor license when one (1) of the following has occurred:

The licensee has been issued a notice of summary suspension by the Department of Health;

The licensee’s basic business license has expired;

The licensee’s certificate of occupancy has been revoked or expired;

The licensee’s sales tax certificate has been suspended or revoked by the Office of Tax and Revenue;

The corporation, limited liability company, or partnership owning the liquor license is no longer in good standing to operate in the District;

The licensee has failed to pay a Board-ordered fine or a citation by the payment deadline;

Where payment has been made to ABRA with a check returned unpaid; or

Where the licensee fails to comply with a Mayor’s Order to cease operations in order to protect the public health, welfare, and safety of District residents.

809.2 The Board shall give written notice to the licensee of its intent to issue a cease and desist order. The licensee shall have fourteen (14) calendar days to respond to the notice. If the Board thereafter determines that the licensee’s failure to address the issues set forth in § 808.1 is not for good cause, the Board shall issue the cease and desist order.

History

• SOURCE: Final Rulemaking published at 64 DCR 1357 (February 10, 2017); as amended by Final Rulemaking published at 68 DCR 7410 (July 30, 2021). District of Columbia Municipal Regulations Alcoholic Beverages 23 DCMR § 809

23-9 PROHIBITED AND RESTRICTED ACTIVITIES

23 DCMR § 900 PRIMARY AMERICAN SOURCE OF SUPPLY

900.1 It shall be unlawful for any wholesaler to purchase any alcoholic beverage for resale unless the alcoholic beverages are purchased from the primary American source of supply for the brand of alcoholic beverages sought to be resold.

900.2 It shall be unlawful for any wholesaler to sell any alcoholic beverages in the District of Columbia if the alcoholic beverages have not been purchased by the wholesaler from the primary American source of supply.

History

• SOURCE: Regulation 73-21, as published at 3 DCRR § 4.11; as amended by the Alcoholic Beverage Control Amendments Act of 1982, effective September 29, 1982 (D.C. Law 4-157; 29 DCR 3617 (August 20, 1982)); as amended by Final Rulemaking published at 35 DCR 4947 (June 24, 1988); as amended by Final Rulemaking published at 51 DCR 4309 (April 30, 2004); as amended by Final Rulemaking published at 55 DCR 12991 (December 26, 2008 – Part 2). District of Columbia Municipal Regulations Alcoholic Beverages 23 DCMR § 900

23 DCMR § 901 LABELING OF BEER CONTAINERS AND BEER TAPS

901.1 No licensee shall sell, offer for sale, or import for sale, delivery, or shipment within the District of Columbia any beer unless the original container is correctly marked, branded, and labeled in English.

901.2 The label shall be firmly attached and shall contain the following:

(a) The brand name and address of the brewer, bottler, or wholesaler;

(b) The class of the beverage (including beer, ale, porter, lager, bock, stout, or half and half); and

(c) The net content of the container.

901.3 The label shall not contain any of the following:

(a) Any false or misleading statement, design, or device;

(b) The words "high test," "high proof," "full strength," "prewar strength," or similar words;

(c) Any statement, design, or device implying that the use of the beer has curative or therapeutic effects; or

(d) Any seal, flag, crest, coat of arms, or other insignia likely to mislead the consumer to believe that the product has been endorsed, made, or used by the government, organization, family, or individual with which that seal, flag, crest, coat of arms, or other insignia is associated.

901.4 No licensee shall alter, obliterate, or destroy any label attached to a beer container.

901.5 The holder of a Retailer's license Class C or D, shall not sell any beer on draft from any tap, faucet, spigot, or other dispensing device unless there shall plainly appear on or be attached to such device an inscription, clearly legible for a distance of ten feet (10 ft.) from the dispenser outlet to a person with normal vision, giving the brand or trade name of the beer so sold from the tap.

History

• SOURCE: Commissioner’s Order issued May 22, 1943; as amended by Commissioner’s Order issued May 27, 1943; as amended by Commissioner’s Order issued January 17, 1950, as amended by Commissioner’s Order 66-584 (April 26, 1966); as published at 3 DCRR §§ 5.3, 5.4; as amended by Final Rulemaking published at 35 DCR 4947 (June 24, 1988); as amended by Final Rulemaking published at 51 DCR 4309 (April 30, 2004); as amended by Final Rulemaking published at 55 DCR 12991 (December 26, 2008 – Part 2). District of Columbia Municipal Regulations Alcoholic Beverages 23 DCMR § 901

23 DCMR § 902 UNSEALED CONTAINERS IN COMMERCIAL OR PUBLIC VEHICLES

902.1 No driver of a commercial or public vehicle or common carrier in the District of Columbia shall have in his or her possession, while in or on the vehicle, any opened or unsealed package containing any alcoholic beverage.

History

• SOURCE: Published as 3 DCRR § 7.5; as amended by Final Rulemaking published at 35 DCR 4947 (June 24, 1988); as amended by Final Rulemaking published at 51 DCR 4309 (April 30, 2004); as amended by Final Rulemaking published at 55 DCR 12991 (December 26, 2008 – Part 2). District of Columbia Municipal Regulations Alcoholic Beverages 23 DCMR § 902

23 DCMR § 903 GIFTS AND LOANS FROM MANUFACTURER PROHIBITED

903.1 The five hundred dollar ($500) limitation set forth in D.C. Official Code § 25-735 shall apply to each separate service or article of property for each individual transmittal being promoted by such service or article of property.

903.2 Such application for approval shall include the following information: licensee name, location, date of the event, nature of the promotion, name of the entity contributing the service or article of property, description of each service or article of property, value of each (each not to exceed $500), whether the service or article of property is a purchase, rental, borrowing, or gift.

903.3 Board approval shall not be required for each individual transmittal having a value of less than fifty dollars ($50).

History

• SOURCE: Commissioner’s Order issued May 31, 1941; as amended by Commissioner’s Order issued May 22, 1943; as amended by Commissioner’s Order issued March 7, 1944; as amended by Commissioner’s Order issued February 12, 1945; as published as 3 DCRR §§ 4.7, 4.8, and 4.9; as amended by the Alcoholic Beverage Control Amendments Act of 1982, effective September 29, 1982 (D.C. Law 4-157; 29 DCR 3617 (August 20, 1982)); as amended by Final Rulemaking published at 35 DCR 4947 (June 24, 1988); as amended by Final Rulemaking published at 51 DCR 4309 (April 30, 2004); as amended by Final Rulemaking published at 55 DCR 12991 (December 26, 2008 – Part 2). District of Columbia Municipal Regulations Alcoholic Beverages 23 DCMR § 903

23 DCMR § 904 GIFTS AND LOANS FROM WHOLESALER PROHIBITED

904.1 The five hundred dollar ($500) limitation set forth in D.C. Official Code § 25-736 shall apply to each separate service or article of property for each individual transmittal being promoted by such service or article of property.

904.2 Such application for approval shall include the following information: licensee name, location, date of the event, nature of the promotion, name of the entity contributing the service or article of property, description of each service or article of property, value of each (each not to exceed $500), whether the service or article of property is a purchase, rental, borrowing, or gift.

904.3 Board approval shall not be required for each individual transmittal having a value of less than fifty dollars ($50).

History

• SOURCE: Commissioner’s Order issued May 31, 1941; as amended by Commissioner’s Order issued May 22, 1943; as amended by Commissioner’s Order issued March 7, 1944; as amended by Commissioner’s Order issued February 12, 1945; as published as 3 DCRR §§ 4.7, 4.8, and 4.9; as amended by the Alcoholic Beverage Control Amendments Act of 1982, effective September 29, 1982 (D.C. Law 4-157; 29 DCR 3617 (August 20, 1982)); as amended by Final Rulemaking published at 35 DCR 4947 (June 24, 1988); as amended by Final Rulemaking published at 51 DCR 4309 (April 30, 2004); as amended by Final Rulemaking published at 55 DCR 12991 (December 26, 2008 – Part 2); as amended by Final Rulemaking published at 67 DCR 14479 (December 11, 2020). District of Columbia Municipal Regulations Alcoholic Beverages 23 DCMR § 904

23 DCMR § 905 RESTRICTIONS ON ENTRANCE INTO LICENSED PREMISES

905.1 The admittance requirement of those persons displaying a valid identification as set forth in D.C. Official Code § 25-782(d) shall not preclude establishments from enforcing a dress code or an age restriction, provided those establishments do not discriminate on any basis prohibited by Chapter 14 of Title 2 of the D.C. Official Code.

History

• SOURCE: Final Rulemaking published at 55 DCR 12991 (December 26, 2008); as amended by Final Rulemaking published at 66 DCR 1822 (February 8, 2019). District of Columbia Municipal Regulations Alcoholic Beverages 23 DCMR § 905

23-10 ENDORSEMENTS

23 DCMR § 1000 ENTERTAINMENT ENDORSEMENT

1000.1 No holder of a manufacturer’s license, class A, B, or C, holding an on-site sales and consumption permit or an on-premises retailer’s license, class C/R, D/R, C/H, D/H, C/T, D/T, C/B, or D/B, may have entertainment, dancing, or charge a cover without obtaining an entertainment endorsement.

1000.2 No licensee under a license, class C/T or D/T, may have entertainment, a dance floor or dance area larger than 140 square feet, or charge a cover without an entertainment endorsement. A tavern may have a dance floor or dance area up to 140 square feet without an entertainment endorsement.

1000.3 A holder of a manufacturer’s license, class A, B, or C, holding an on-site sales and consumption permit, or an off-premises retailer’s license, class C/R, D/R, C/H, D/H, C/T, D/T, C/B, or D/B that does not possess an entertainment endorsement shall not be permitted to position its furniture or otherwise create a dance floor or dance area on the licensed premises greater than one hundred forty square feet (140 ft.2) without an entertainment endorsement.

1000.4 The licensee under a license, class C/N or D/N, may have entertainment, dancing, or charge a cover without an entertainment endorsement.

1000.5 An entertainment endorsement shall not be issued to the licensee under a license, class C/R, D/R, C/H, or D/H, that has been determined by the Board not to be in substantial compliance with the minimum food sales requirement as set forth in Chapter 21.

1000.6 An entertainment endorsement shall be placed by ABRA on the establishment's license and shall indicate the establishment's hours of operation and whether entertainment, and dancing or charging a cover is permitted.

History

• SOURCE: Section 303 of the Omnibus Alcoholic Beverage Amendment Act of 2004, effective September 30, 2004 (51 DCR 6525 (July 2, 2004)); as amended by Final Rulemaking published at 55 DCR 12991 (December 26, 2008); as amended by Final Rulemaking published at 66 DCR 1822 (February 8, 2019); as amended by Final Rulemaking published at 67 DCR 14479 (December 11, 2020). District of Columbia Municipal Regulations Alcoholic Beverages 23 DCMR § 1000

23 DCMR § 1001 ENTERTAINMENT ENDORSEMENT APPLICATION

1001.1 An applicant for a new or an amended entertainment endorsement shall apply by a separate application form provided by ABRA. The application form shall include, at a minimum, information from the applicant in response to the following questions: (a) Do you intend to have entertainment?; (b) What is the nature of your entertainment?; (c) What hours will your entertainment occur?; (d) Do you intend to provide an area for dancing?; (e) What size will your dance area be?; and (f) Do you intend to have a cover charge?

1001.2 An application for a new entertainment endorsement may be filed with an application for a new license, class C/R, D/R, C/H, D/H, C/T, or D/T. The Board shall provide notice of both the new license application and the entertainment endorsement application at the same time pursuant to the requirements of D.C. Official Code §§ 25-421 through 25-423.

1001.3 An application for a new or amended entertainment endorsement filed by the licensee under an existing license, class C or D, shall be considered by the Board pursuant to the substantial change procedures set forth in D.C. Official Code § 25-404. The Board shall provide notice of entertainment endorsement applications that constitute a substantial change pursuant to the requirements of D.C. Official Code §§ 25-421 through 25-423.

1001.4 Pursuant to the requirements of § 1001.1(c), an applicant for an entertainment endorsement shall be required to list the hours it intends to begin and end entertainment, including live music; provided, that the applicant shall only be required to specify the hours of entertainment starting after 6:00 p.m.

1001.5 The licensee under a license, class C/R, D/R, C/H, D/H, C/T, or D/T, shall be eligible to receive automatic conversion to an entertainment endorsement for the entertainment, cover charge, and dancing activities for which the licensee has previously obtained permission from the Board. Automatically converted establishment shall be required to file an entertainment endorsement application, but shall be exempt from the procedures set forth in § 1001.3.

1001.6 The licensee under a license, class C/R, D/R, C/H, D/H, C/T, or D/T, may file a written request with the Board to amend its entertainment endorsement subject to the procedures set forth in §1001.3. An amendment to an entertainment endorsement shall not be required for changes to an establishment’s entertainment or dancing format if:

(a) The licensee’s entertainment endorsement is approved for entertainment or dancing; and

(b) The changes are not restricted by Board order or cooperative/settlement agreement

1001.7 The entertainment endorsement fee shall be twenty percent (20%) of an establishment's base license fee.

1001.8 A licensee shall provide entertainment only during the hours permitted under its Board-approved entertainment endorsement or by the terms of a valid settlement agreement. It shall be a violation of this subsection for an applicant to provide entertainment during hours not permitted by its entertainment endorsement or by the terms of a valid settlement agreement.

History

• SOURCE: Section 303 of the Omnibus Alcoholic Beverage Amendment Act of 2004, effective September 30, 2004 (51 DCR 6525 (July 2, 2004)); as amended by Final Rulemaking published at 55 DCR 12991 (December 26, 2008); as amended by Final Rulemaking published at 64 DCR 1357 (February 10, 2017); as amended by Final Rulemaking published at 67 DCR 14479 (December 11, 2020). District of Columbia Municipal Regulations Alcoholic Beverages 23 DCMR § 1001

23 DCMR § 1002 COVER CHARGE

1002.1 The holder of a manufacturer’s license, class A, B, or C, that possesses an on-site sales and consumption permit, or an on-premises retailer’s license, class C/R, D/R, C/H, D/H, C/T, D/T, C/B, or D/B shall obtain an entertainment endorsement to have a cover charge. For purposes of this section, a cover charge is a fee required by an establishment to be paid by patrons for admission that is not directly applied to the purchase of food or drink.

1002.2 An applicant shall follow the entertainment endorsement application and notice procedures set forth in § 1001; provided, that an entertainment endorsement application that solely requests approval from the Board to charge a cover charge shall not be considered a substantial change under D.C. Official Code § 25-404. Opposition to a cover charge shall also not be considered grounds for filing an objection under D.C. Official Code § 25-602(a) to an entertainment endorsement application.

1002.3 The licensee under a license, class C/N or D/N, shall be permitted to have a cover charge without an entertainment endorsement unless restricted by Board order or cooperative/voluntary agreement.

1002.4 The licensee under a license, class C or D, with a certificate of occupancy over 400 persons shall also be required to obtain a public hall certificate of occupancy from the Zoning Administrator and an entertainment endorsement for a public hall from the Department of Consumer and Regulatory Affairs pursuant to D.C. Official Code § 47-2820 to be eligible to charge a cover charge.

History

• SOURCE: Section 303 of the Omnibus Alcoholic Beverage Amendment Act of 2004, effective September 30, 2004 (51 DCR 6525 (July 2, 2004)); as amended by Final Rulemaking published at 55 DCR 12991 (December 26, 2008); as amended by Final Rulemaking published at 67 DCR 14479 (December 11, 2020). District of Columbia Municipal Regulations Alcoholic Beverages 23 DCMR § 1002

23 DCMR § 1003 ONE-DAY SUBSTANTIAL CHANGE EXCEPTION

1003.1 The holder of a manufacturer’s license, class A, B, or C, or retailer’s license, class C/R, D/R, C/H, D/H, C/T, D/T, C/B, or D/B, who does not possess an entertainment endorsement may file a one-day substantial change request with the Board pursuant to § 716 for permission to have entertainment, a cover charge, or dancing if not otherwise permitted by one’s license as part of a specific event. The one-day substantial change request may be granted, in the Board’s discretion, unless the activities sought by the applicant are otherwise prohibited by the establishment’s license.

1003.2 A request under § 1003.1, when considered together with § 716.1, shall not be granted by the Board:

More than six (6) times in a calendar year for retailer’s licenses; or

More than twelve (12) times in a calendar year for manufacturer’s licenses.

History

• SOURCE: Section 303 of the Omnibus Alcoholic Beverage Amendment Act of 2004, effective September 30, 2004 (51 DCR 6525 (July 2, 2004)); as amended by Final Rulemaking published at 55 DCR 12991 (December 26, 2008); as amended by Final Rulemaking published at 67 DCR 14479 (December 11, 2020). District of Columbia Municipal Regulations Alcoholic Beverages 23 DCMR § 1003

23 DCMR § 1004 SIDEWALK CAFÉ OR SUMMER GARDEN ENDORSEMENT

1004.1 No holder of a manufacturer’s license, class A, B, or C, with an on-site sales and consumption permit or an on-premises retailer’s license shall be permitted to sell, service, or permit the consumption of alcoholic beverages on either outdoor public or private space without obtaining a sidewalk café endorsement for outdoor public space or a summer garden endorsement for privately owned space. The sidewalk café or summer garden endorsement shall be placed by ABRA on the license.

History

• SOURCE: Section 303 of the Omnibus Alcoholic Beverage Amendment Act of 2004, effective September 30, 2004 (51 DCR 6525 (July 2, 2004)); as amended by Final Rulemaking published at 55 DCR 12991 (December 26, 2008); as amended by Final Rulemaking published at 67 DCR 14479 (December 11, 2020). District of Columbia Municipal Regulations Alcoholic Beverages 23 DCMR § 1004

23 DCMR § 1005 SIDEWALK CAFÉ OR SUMMER GARDEN APPLICATION

1005.1 An applicant for a sidewalk café or summer garden endorsement shall apply by a form provided by ABRA. The form shall include, at a minimum, the name of the licensee, the address of the establishment, the requested number of outdoor seats for the service of alcoholic beverages, and the hours of operation for the outdoor area. The applicant shall submit with the application: (a) a copy of its certificate of occupancy; (b) a diagram or photograph showing the designated area for the sidewalk café or summer garden; and (c) a public space permit and certificate of use for sidewalk café applications. The failure to provide a public space permit or certificate of use, as required by this subsection, shall not be grounds for refusal of the application for processing; provided, that the applicant shall provide ABRA with a copy of the public space permit and the certificate of use prior to receiving the sidewalk café endorsement.

1005.2 An application for a sidewalk café or summer garden endorsement may be filed in conjunction with an application for a new license, class C or class D.

1005.3 An application for a sidewalk café or summer garden endorsement shall be considered by the Board pursuant to the substantial change procedures set forth in D.C. Official Code § 25-404.

1005.4 The fee for the sidewalk café or summer garden endorsement shall be seventy five dollars ($75) as set forth in § 209.7. An inspection shall be required prior to conducting business operations on a new or remodeled sidewalk café or summer garden, which may include the sale, service, or consumption of alcoholic beverages on outdoor public or private space. A separate inspection fee shall not be required.

1005.5 The transfer of ownership of a license shall also include a transfer of any sidewalk care or summer garden endorsement.

1005.6 The licensee under a sidewalk café endorsement shall be required to post its public space permit, which indicates the establishment's number of permitted seats, adjacent to its license.

History

• SOURCE: Section 303 of the Omnibus Alcoholic Beverage Amendment Act of 2004, effective September 30, 2004 (51 DCR 6525 (July 2, 2004)); as amended by Final Rulemaking published at 55 DCR 12991 (December 26, 2008). District of Columbia Municipal Regulations Alcoholic Beverages 23 DCMR § 1005

23 DCMR § 1006 SPORTS WAGERING ENDORSEMENT

1006.1 No licensee under an on-premises retailer’s license, class C/R, D/R, C/H, D/H, C/T, D/T, C/N, D/N, C/X, D/X, class Arena C/X, or a manufacturer’s license class A or B holding an on-site sales and consumption permit, shall be permitted to offer sports wagering without obtaining a sports wagering endorsement from the Board in accordance with D.C. Official Code § 25-113a(d).

History

• SOURCE: Final Rulemaking published at 68 DCR 7410 (July 30, 2021). District of Columbia Municipal Regulations Alcoholic Beverages 23 DCMR § 1006

23 DCMR § 1007 SPORTS WAGERING ENDORSEMENT APPLICATION

1007.1 An applicant for a sports wagering endorsement shall apply on a form provided by ABRA. The form shall require, at a minimum, the following:

The name of the licensee;

The establishment’s address;

The requested number of sports wagering mechanical or electronic devices, along with where the devices will be placed on the licensed premises; and

A detailed diagram of the licensed premises.

History

• SOURCE: Final Rulemaking published at 68 DCR 7410 (July 30, 2021). District of Columbia Municipal Regulations Alcoholic Beverages 23 DCMR § 1007

23-11 ADVERTISING

23 DCMR § 1100 PROHIBITED STATEMENTS

1100.1 The use of any picture or illustration depicting a child or immature person, or objects (such as toys), suggestive of the presence of a child, and any statement, design, device, picture, or illustration designed to be especially appealing to children or immature persons, which promotes the sale, service, or consumption of alcoholic beverages shall be prohibited.

1100.2 [REPEALED].

1100.3 The words "Wholesale," "Wholesale Department" (except to the extent required by federal law), or any other word or words intended to mislead or deceive the general public into believing that the advertiser is authorized or licensed to sell alcoholic beverages as a wholesaler under the provisions of the Act shall be prohibited.

1100.4 A statement that is known by the retailer to be false or misleading with respect to advertised price charged to the consumer, ingredients of alcoholic beverages, source of manufacturer, or statements as to health benefits, shall be prohibited.

History

• SOURCE: Commissioner’s Order issued May 27, 1943; as amended by Commissioner’s Order issued January 17, 1950; as amended by Commissioner’s Order 66-584 (April 26, 1966); as published at 3 DCRR §§ 5.1(f), (i); as amended by Final Rulemaking published at 35 DCR 4947 (June 24, 1988); as amended by Final Rulemaking published at 51 DCR 4309 (April 30, 2004); as amended by Final Rulemaking published at 55 DCR 12991 (December 26, 2008 – Part 2); as amended by Final Rulemaking published at 67 DCR 14479 (December 11, 2020). District of Columbia Municipal Regulations Alcoholic Beverages 23 DCMR § 1100

23-12 RECORDS AND REPORTS

23 DCMR § 1200 MANUFACTURER'S BOOKS AND RECORDS

1200.1 Each holder of a Manufacturer's license shall keep and maintain upon the licensed premises adequate books and records showing all sales or other dispositions of beverages, including the following:

(a) The date of each sale;

(b) The name, address, and license number of the purchaser;

(c) The quantity in gallons of each character and brand of beverage in each sale with the total price; and

(d) The character, brand, and quantity in gallons of all beverages disposed of other than by sale.

History

• SOURCE: Commissioner’s Order issued May 27, 1943, as published at 3 DCRR §6.1(a); as amended by Final Rulemaking published at 35 DCR 4947 (June 24, 1988); as amended by Final Rulemaking published at 51 DCR 4309 (April 30, 2004); as amended by Final Rulemaking published at 55 DCR 12991 (December 26, 2008 – Part 2). District of Columbia Municipal Regulations Alcoholic Beverages 23 DCMR § 1200

23 DCMR § 1201 MANUFACTURER'S INVOICES

1201.1 With each sale of beverage the holder of a Manufacturer's license shall cause to be made in duplicate an invoice of the sale showing the following information:

(a) The date of each sale;

(b) The name, addresses, and license numbers of both the vendor and the vendee;

(c) The quantity in gallons of each character and brand of beverage in each sale;

(d) The price of each character and brand of beverage in each sale with the total price; and

(e) A true, accurate, and complete statement of the terms and conditions on which the sale is made.

1201.2 With each sale, the invoice shall be prepared in duplicate, and shall be consecutively numbered.

1201.3 The original of the invoice shall be delivered to the vendee and the duplicate invoice shall be retained by the vendor.

History

• SOURCE: Commissioner’s Order issued May 27, 1943, as published at 3 DCRR §6.1(a); as amended by Final Rulemaking published at 35 DCR 4947 (June 24, 1988); as amended by Final Rulemaking published at 51 DCR 4309 (April 30, 2004); as amended by Final Rulemaking published at 55 DCR 12991 (December 26, 2008 – Part 2). District of Columbia Municipal Regulations Alcoholic Beverages 23 DCMR § 1201

23 DCMR § 1202 WHOLESALER'S BOOKS, RECORDS, AND REPORTS

1202.1 Each holder of a Wholesaler's license shall keep and maintain upon the licensed premises adequate books and records for each purchase showing the following:

(a) The quantity in gallons of each character and brand of beverage purchased by the licensee in each purchase;

(b) The date of each purchase;

(c) The name and business address of the person from whom the purchase was made;

(d) The price of each character and brand of beverage purchased with the total price; and

(e) The license number of the vendor, if licensed under the Act.

1202.2 Each holder of a Wholesaler's license shall keep and maintain upon the licensed premises adequate books and records showing the character, brand, and quantity in gallons of all beverages disposed of other than by sale.

1202.3 Each holder of a Wholesaler's license shall keep and maintain upon the licensed premises adequate books and records showing all sales of beverages, including the following information:

(a) The date of each sale;

(b) The name, address, and license number of the purchaser; and

(c) The quantity in gallons of each brand of beverage in each sale.

1202.4 [REPEALED].

History

• SOURCE: Commissioner’s Order issued May 27, 1943, as published at 3 DCRR §6.1(b); as amended by Final Rulemaking published at 35 DCR 4947 (June 24, 1988); as amended by Final Rulemaking published at 51 DCR 4309 (April 30, 2004); as amended by Final Rulemaking published at 55 DCR 12991 (December 26, 2008 – Part 2); as amended by Final Rulemaking published at 67 DCR 14479 (December 11, 2020). District of Columbia Municipal Regulations Alcoholic Beverages 23 DCMR § 1202

23 DCMR § 1203 WHOLESALER'S INVOICES

1203.1 With each sale of a beverage, the holder of a Wholesaler's license shall cause to be made in duplicate an invoice of each sale showing the following information:

(a) The date of each sale;

(b) The names, addresses, and license numbers of both the vendor and the vendee;

(c) The quantity in gallons of each character and brand of beverage in each sale;

(d) The price of each character and brand of beverage in each sale with the total price; and

(e) A true, accurate, and complete statement of the terms and conditions on which the sale is made.

1203.2 With each sale, the invoice shall be prepared in duplicate, and shall be consecutively numbered.

1203.3 The original of the invoice shall be delivered to the vendee and the duplicate invoice shall be retained by the vendor.

History

• SOURCE: Commissioner’s Order issued May 27, 1943, as published at 3 DCRR §6.1(b); as amended by Final Rulemaking published at 35 DCR 4947 (June 24, 1988); as amended by Final Rulemaking published at 51 DCR 4309 (April 30, 2004); as amended by Final Rulemaking published at 55 DCR 12991 (December 26, 2008 – Part 2). District of Columbia Municipal Regulations Alcoholic Beverages 23 DCMR § 1203

23 DCMR § 1204 RETAILER'S BOOKS AND RECORDS

1204.1 Each holder of a Retailer's license shall keep and maintain available upon the licensed premises, either physically or electronically, records which include invoices and delivery slips and which adequately and fully reflect all purchases, sales, and deliveries of all alcoholic beverages, except beer, made to it.

1204.2 Records shall include and distinctly show the following information:

(a) The quantity in gallons of each kind of beverage purchased in each purchase;

(b) The date of each purchase;

(c) The name and business address of the person from whom purchased with the license number of the vendor, if licensed under the Act;

(d) The price of each kind of beverage purchased with the total price; and

(e) The character and brand and quantity in gallons of all beverages, except beer, acquired other than by purchase.

1204.3 All invoices and delivery slips required by § 1204.1 and all importation permits after cancellation as required by D.C. Official Code § 25-119, shall be systematically filed and maintained for a period of three (3) years from date of delivery and shall show a true, accurate and complete statement of terms and conditions on which each purchase was made.

History

• SOURCE: Commissioner’s Order issued May 27, 1943; as amended by Commissioner’s Order issued October 16, 1956; as amended by Commissioner’s Order 61-2029 (November 22, 1961); as amended by Commissioner’s Order 70-66 (February 27, 1970); as published at 3 DCRR § 6.1(c); as amended by Final Rulemaking published at 35 DCR 4947 (June 24, 1988); as amended by Final Rulemaking published at 51 DCR 4309 (April 30, 2004); as amended by Final Rulemaking published at 55 DCR 12991 (December 26, 2008 – Part 2); as amended by Final Rulemaking published at 60 DCR 11580 (August 9, 2013). District of Columbia Municipal Regulations Alcoholic Beverages 23 DCMR § 1204

23 DCMR § 1205 LISTING OF BRANDS

1205.1 Within ten (10) days of offering an alcoholic beverage product for sale, each holder of a Manufacturer's or Wholesaler's license shall furnish to the Board the following information with respect to each item of beverage for sale:

(a) The brand or trade name and character; and

(b) The proof and age of each item, except beer.

1205.2 Written notice shall be given to the Board within ten (10) days after the discontinuance of the offering for sale of any item.

History

• SOURCE: Commissioner’s Order issued March 7, 1944, as published at 3 DCRR § 6.2; as amended by Final Rulemaking published at 35 DCR 4947 (June 24, 1988); as amended by Final Rulemaking published at 51 DCR 4309 (April 30, 2004); as amended by Final Rulemaking published at 55 DCR 12991 (December 26, 2008 – Part 2). District of Columbia Municipal Regulations Alcoholic Beverages 23 DCMR § 1205

23 DCMR § 1206 [REPEALED]

History

• SOURCE: Commissioner’s Order issued July 12, 1949, as published at 3 DCRR § 6.2; as amended by Final Rulemaking published at 35 DCR 4947 (June 24, 1988); as amended by Final Rulemaking published at 51 DCR 4309 (April 30, 2004); as amended by Final Rulemaking published at 55 DCR 12991 (December 26, 2008 – Part 2); as amended by Final Rulemaking published at 66 DCR 1822 (February 8, 2019). District of Columbia Municipal Regulations Alcoholic Beverages 23 DCMR § 1206

23 DCMR § 1207 QUARTERLY STATEMENT OF RESTAURANTS AND HOTELS

1207.1 Within thirty (30) days after the end of each quarter, the holder of a Retailer’s license, class CR, DR, CH, or DH, shall file with the Board a self-certified statement of expenditures and receipts by the licensed establishment during that quarter. The statement, which may be submitted electronically or digitally to the Board, shall include the following:

The total amount of receipts for the sale of alcoholic beverages and food;

Of that total, the amount received for the sale of alcoholic beverages and the amount received for the sale of food, and the percentages of the total receipts represented by the respective amounts;

Total expenditures for alcoholic beverages and food;

Of that total, the amount expended for alcoholic beverages and the amount expended for food, and the percentages of the total expenditures represented by the respective amounts;

A statement indicating the method used to compute the amounts and percentages.

For purposes of this section, each licensee shall report under “alcoholic beverages” any non-alcoholic liquid or solid served as part of the contents of an alcoholic beverage, and

In computing the amounts received and expended for alcoholic beverages and for food, a licensee shall exclude:

All amounts received for taxes and gratuities in conjunction with these transactions; and

All amounts, including surcharges, related to obtaining and providing entertainment or any other goods and services unrelated to the provision of food and alcoholic beverages at the licensed establishment.

1207.2 The amounts reported for the sale of alcoholic beverages and food shall represent reasonable prices appropriate to the licensee's establishment.

1207.3 For purposes of this section, each licensee shall report under "alcoholic beverages" any non-alcoholic liquid or solid served as part of the contents of an alcoholic beverage.

1207.4 In computing the amounts received and expended for alcoholic beverages and for food, a licensee shall exclude all amounts received for taxes and gratuities in conjunction with these transactions, and all amounts, including surcharges, related to the obtaining and providing of entertainment or other goods and services at the licensed establishment.

1207.5 Repealed.

1207.6 Repealed.

1207.7 Repealed.

1207.8 Repealed.

1207.9 The making of a false statement on a quarterly statement with the knowledge of the license holder, shall constitute grounds on which the Board may deny the renewal of the license, or subsequently revoke the license, when the renewal of the license is based wholly or in part on the contents of the false statement.

1207.10 A Retailer’s license Class CR, CH, DR, or DH shall be responsible for ensuring that it maintains for three (3) years sufficient documentation to allow the Board to verify the accuracy of the information contained on the licensee’s submitted quarterly reports. Failure of the licensee to maintain sufficient documentation to allow the Board to verify the accuracy of the information contained on the licensee’s submitted quarterly reports shall be a violation of this subsection.

History

• SOURCE: Final Rulemaking published at 35 DCR 4947 (June 24, 1988); as amended by Final Rulemaking published at 51 DCR 4309 (April 30, 2004); as amended by Section 303 of the Omnibus Alcoholic Beverage Amendment Act of 2004, effective September 30, 2004 (51 DCR 6525 (July 2, 2004)); as amended by Final Rulemaking published at 55 DCR 12991 (December 26, 2008); as amended by Final Rulemaking published at 64 DCR 1357 (February 10, 2017); as amended by Final Rulemaking published at 68 DCR 7410 (July 30, 2021). District of Columbia Municipal Regulations Alcoholic Beverages 23 DCMR § 1207

23 DCMR § 1208 RETENTION AND INSPECTION OF BOOKS AND RECORDS

1208.1 The books and records referred to in this chapter, including the original and duplicate invoices, shall be open to inspection by the Board or its designated agent, and the OTR, during the establishment's approved hours of operation.

1208.2 The holders of Manufacturer's and Wholesaler's licenses shall keep and maintain all books and records referred to in this chapter on the licensed premises for a period of four (4) years after the latest transaction recorded in those books and records.

1208.3 The holder of a Retailer's license shall keep and maintain all book and records referred to in this chapter on the licensed premises for a period of three (3) years after the latest transaction recorded in those books and records.

1208.4 The holder of a Retailer's, Manufacturer's, or Wholesaler's license may maintain its records at a location in the District of Columbia other than the licensed premises with the approval of the Board. Any requested location must: (1) maintain the original invoices; and (2) be available for inspection by ABRA investigators at any time during business hours.

1208.5 The holder of a Retailer's license may maintain its original invoices outside of the District of Columbia upon a determination by the Board that good cause exists. However, duplicate invoices must be maintained in the District of Columbia at either the licensed premises or a location approved by the Board and the applicant is responsible for providing the original invoices to the Board within three (3) days of receiving a written request from the Board. Failure to make the original invoices available to the Board within three (3) days of its written request shall constitute a violation of § 1208.1.

1208.6 The holder of a Retailer’s, Manufacturer’s, or Wholesaler’s license may store books and records on the licensed premises electronically; provided, that the records are made immediately available at the request of ABRA staff.

History

• SOURCE: Commissioner’s Order issued May 28, 1941; as amended by Commissioner’s Order 61-2029 (November 22, 1961); as published at 3 DCRR § 6.1(d); as amended by Final Rulemaking published at 35 DCR 4947 (June 24, 1988); as amended by Final Rulemaking published at 51 DCR 4309 (April 30, 2004); as amended by Final Rulemaking published at 55 DCR 12991 (December 26, 2008 – Part 2); as amended by the Omnibus Alcoholic Beverage Regulation Amendment Act of 2012, effective May 1, 2013 (D.C. Law 19-310; 60 DCR 3410 (March 15, 2013)); as amended by Final Rulemaking published at 66 DCR 1822 (February 8, 2019). District of Columbia Municipal Regulations Alcoholic Beverages 23 DCMR § 1208

23-13 TRANSPORT OF BEVERAGES

23 DCMR § 1300 [REPEALED]

History

• SOURCE: Final Rulemaking published at 35 DCR 4947 (June 24, 1988); as amended by Final Rulemaking published at 51 DCR 4309 (April 30, 2004); as amended by Final Rulemaking published at 55 DCR 12991 (December 26, 2008- Part 2); as amended by Final Rulemaking published at 67 DCR 14479 (December 11, 2020). District of Columbia Municipal Regulations Alcoholic Beverages 23 DCMR § 1300

23 DCMR § 1301 IMPORTATION PERMITS FOR RETAILERS OF ALCOHOLIC BEVERAGES

1301.1 Pursuant to D.C. Official Code § 25-119, the Board may issue an importation permit to a holder of a retailer’s license, Class A, B, C, or D, or any other entity authorized to obtain an importation permit in accordance with § 1302.4 to allow for the importation of alcoholic beverages bearing the same brand or trade name into the District of Columbia which are not obtainable by the retail licensee from a licensed manufacturer or wholesaler in the District of Columbia in sufficient quantity to reasonably satisfy the immediate needs of the retail licensee.

1301.2 An importation permit issued under D.C. Official Code § 25-119 shall be valid for a period of thirty (30) days from the date of issuance.

1301.3 An importation permit issued under D.C. Official Code § 25-119 shall be obtained by:

Any unlicensed alcohol manufacturer, wholesaler, or retailer located outside of the District of Columbia that ships alcohol to the property of an official embassy, federal exempt property, or any other property exempt from Title 25 of the D.C. Official Code. Federal property exempt from Title 25 includes, but is not limited to, property under the control of the National Park Service and the Smithsonian Institute;

A federally licensed importer that does not hold a District of Columbia alcohol license importing alcohol into the District of Columbia. The issuance of this permit shall be conditioned on the importer until an appropriate District alcohol license is obtained; and

A state licensed manufacturer or wholesaler that does not hold a District of Columbia alcohol license donating alcoholic beverages to a non-profit organization, charity, or for a temporary event license holder.

History

• SOURCE: Final Rulemaking published at 35 DCR 4947 (June 24, 1988); as amended by Final Rulemaking published at 51 DCR 4309 (April 30, 2004); as amended by Final Rulemaking published at 55 DCR 12991 (December 26, 2008- Part 2); as amended by Final Rulemaking published at 66 DCR 1822 (February 8, 2019); as amended by Final Rulemaking published at 67 DCR 14479 (December 11, 2020). District of Columbia Municipal Regulations Alcoholic Beverages 23 DCMR § 1301

23 DCMR § 1302 IMPORTATION OF ALCOHOLIC BEVERAGES FOR PRIVATE USE AND CONSUMPTION

1302.1 Any person who becomes a resident of, or establishes a domicile in, the District of Columbia, may bring into the District of Columbia his or her own personal stock of alcoholic beverages, so long as the beverages are for his or her private use and consumption and so long as the importation of the beverages is in compliance with applicable laws and regulations.

1302.2 Upon application made to the Board for an importation permit pursuant to § 1302.1, the applicant shall certify to the Board that the alcoholic beverages that are to be imported into the District of Columbia are not available from a licensed manufacturer or wholesaler in sufficient kind or quantity to reasonably satisfy the immediate needs of the licensee.

1302.3 The provisions of § 1302.1 shall apply to embassies and diplomatic representatives of foreign countries.

1302.4 Prior to importing under this section any alcoholic beverages into the District of Columbia from outside of the United States, the individual seeking to do so shall submit a written request for an importation permit to the Board which contains the following information:

(a) The type, brand, and quantity of each beverage to be imported;

(b) The individual's out-of-state or foreign address and telephone number;

(c) The individual's permanent address and telephone number in the District of Columbia; and

(d) A statement that the beverages are for personal use and consumption and will not be sold.

1302.5 The fee for an Importation Permit for alcoholic beverages imported pursuant to § 1302 for private use and consumption shall be fifty dollars ($50), paid by credit card, certified check, money order, business check, attorney's check, or personal check payable to ABRA.

History

• SOURCE: Final Rulemaking published at 35 DCR 4947 (June 24, 1988); as amended by Final Rulemaking published at 51 DCR 4309 (April 30, 2004); as amended by Final Rulemaking published at 55 DCR 12991 (December 26, 2008- Part 2); as amended by Final Rulemaking published at 67 DCR 14479 (December 11, 2020). District of Columbia Municipal Regulations Alcoholic Beverages 23 DCMR § 1302

23 DCMR § 1303 TRANSPORT OF BEVERAGES WITHIN THE DISTRICT OF COLUMBIA

1303.1 No licensee, or agent, or employee of a manufacturer, wholesaler, or retailer shall transport into or within the District of Columbia any of the following in a vehicle unless that vehicle bears upon the exterior of both sides of the vehicle, the name of the licensee and the kind and number of the licensee’s beverage license in letters not less than three and one-half inches (3 ½ in.) high:

More than twelve (12) bottles of spirits or wine; or

More than forty-eight (48) bottles of beer.

1303.2 If more than twelve (12) containers of spirits or wine, or more than forty-eight (48) containers of beer, are transported in a vehicle not conforming with the requirements of § 1303.1, the person in charge of the transportation shall have in his or her possession a permit from the Board or a bill or memorandum issued by the seller of the alcoholic beverages, showing the following information:

The name and address of seller;

The date of the sale; and

The quantity and character of each beverage being transported.

1303.3 Upon demand by any police officer or duly authorized investigator of the Board, the person in charge of the transportation shall exhibit to the officer or investigator the permit, bill, or memorandum.

History

• SOURCE: Final Rulemaking published at 35 DCR 4947 (June 24, 1988); as amended by Final Rulemaking published at 51 DCR 4309 (April 30, 2004); as amended by Final Rulemaking published at 55 DCR 12991 (December 26, 2008- Part 2); as amended by Final Rulemaking published at 67 DCR 14479 (December 11, 2020). District of Columbia Municipal Regulations Alcoholic Beverages 23 DCMR § 1303

23-14 TAXES ON ALCOHOLIC BEVERAGES

23 DCMR § 1400 MONTHLY TAX RENTS

1400.1 On or before the fifteenth (15th) day of each month, each licensee shall furnish to the OTR on the form prescribed by the OTR, a statement under oath showing the quantity of alcoholic beverages subject to taxation sold by the licensee during the preceding calendar month.

1400.2 As used in this chapter, the word "licensee" means the holder of a Manufacturer's or Wholesaler's license or the holder of a Retailer' license Class CX (Common Carrier license) issued for a passenger-carrying marine vessel operating in and beyond the District of Columbia, or for a club car or dining car on a railroad operating in and beyond the District of Columbia.

1400.3 Except as otherwise provided in this section, for the purpose of filing by the holder of a Manufacturer's or Wholesaler's license of a statement under oath showing the quantity of alcoholic beverages subject to taxation sold by that licensee during the preceding calendar month and payment of the tax thereon, the word "sold" shall apply to the following:

(a) All alcoholic beverages, title to or possession of which is transferred from the licensee to any other persons by any means whatsoever and whether or not for a consideration; and

(b) All alcoholic beverages used or consumed or set aside for use or consumption by the licensee or any other person.

1400.4 For the purposes of filing a statement under oath by the holder of a Retailer's license, Class CX (Common Carrier license), issued for a passenger-carrying marine vessel operated in and beyond the District of Columbia, for a club car or dining car on a railroad operating in and beyond the District of Columbia, the word "sold" shall apply to all alcohol and spirits, title to or possession of which is transferred from the licensee to any other person by any means whatsoever and whether or not for a consideration, and shall also apply to all alcohol and spirits used or consumed or set aside for use or consumption by the licensee or any other person, while the licensee is passing through or is at rest in the District of Columbia.

1400.5 The word "sold" shall not apply to alcoholic beverages transferred by the licensee to any instrumentality of the Government of the United States or the District of Columbia or to a dealer licensed under the laws of any State or territory of the United States and not licensed under the Act.

History

• SOURCE: Commissioner’s Order issued October 1, 1958, as published at 3 DCRR §§7.3(a)-(d); as amended by Commissioner’s Order 61-2029 (November 22, 1961); as amended by Final Rulemaking published at 35 DCR 4947 (June 24, 1988); as amended by Final Rulemaking published at 51 DCR 4309 (April 30, 2004); as amended by Final Rulemaking published at 55 DCR 12991 (December 26, 2008). District of Columbia Municipal Regulations Alcoholic Beverages 23 DCMR § 1400

23 DCMR § 1401 RETURNS AND LOSSES

1401.1 The tax shall not apply to alcoholic beverages returned by a retail licensee to the holder of a manufacturer's or a wholesaler's license.

1401.2 The tax shall not apply to losses of alcoholic beverages occasioned by breakage, spoilage, or theft.

1401.3 Each loss of alcoholic beverage shall be proved by the licensee to the satisfaction of the OTR.

History

• SOURCE: Commissioner’s Order issued October 1, 1958, as published at 3 DCRR §7.3(e); as amended by Commissioner’s Order 61-2029 (November 22, 1961); as amended by Final Rulemaking published at 35 DCR 4947 (June 24, 1988); as amended by Final Rulemaking published at 51 DCR 4309 (April 30, 2004); as amended by Final Rulemaking published at 55 DCR 12991 (December 26, 2008 – Part 2). District of Columbia Municipal Regulations Alcoholic Beverages 23 DCMR § 1401

23 DCMR § 1402 MONTHLY TAX PAYMENTS

1402.1 Before the sixteenth (16th) day of each month, each licensee shall pay to the D.C. Treasurer the tax imposed upon the quantity of alcoholic beverages subject to taxation sold by the licensee during the preceding calendar month.

1402.2 The balance to the credit of a licensee of any monies deposited under this section shall be refunded to the licensee by the OTR where the licensee making the deposit shall, for a period of twelve (12) consecutive months subsequent to the month in which the deposit was made, or for the period as the licensee continues to engage in business, whichever is the lesser, have fully complied with the provisions of D.C. Official Code § 25-771, and with the provisions of this chapter.

1402.3 The Mayor or his designee may require retailers and wholesalers and every person liable for tax to keep, maintain, and preserve records, reports, books, returns, etc., and shall make those records available upon request by the Mayor or his designee. Records required to be available pursuant to this section shall be retained on the licensed premises in accordance with the relevant retention period established by § 1208.

History

• SOURCE: Commissioner’s Order issued October 1, 1958, as published at 3 DCRR §§7.3(b), (h), (i); as amended by Commissioner’s Order 61-2029 (November 22, 1961); as amended by Final Rulemaking published at 35 DCR 4947 (June 24, 1988); as amended by Final Rulemaking published at 51 DCR 4309 (April 30, 2004); as amended by Final Rulemaking published at 55 DCR 12991 (December 26, 2008). District of Columbia Municipal Regulations Alcoholic Beverages 23 DCMR § 1402

23 DCMR § 1403 INFORMATION TAX RENTS

1403.1 Each holder of a Retailer's license desiring to transport or cause to be transported into the District of Columbia alcoholic beverages for which a permit is required under the Act or this title shall furnish to the OTR, on the form prescribed, an original and one (1) copy of a statement showing the quantity of alcoholic beverages to be imported, the name and address of the seller from which the alcoholic beverages are to be acquired, and other information required by the OTR.

1403.2 Reports required by this section shall be executed as follows:

(a) In the case of an individual licensee, by the licensee;

(b) In the case of a partnership licensee, by a general partner; and

(c) In the case of a corporate licensee, by the president, vice president, secretary, or treasurer of the corporation.

(d) In the case of a limited liability company, by the authorized representative of the limited liability company.

1403.3 No permit for the importation of alcoholic beverages shall be issued by the Board until there has been received by the Board from the OTR a copy of the form filed with the OTR, and satisfactory evidence of payment of the tax.

History

• SOURCE: Commissioner’s Order issued October 1, 1958, as published at 3 DCRR §7.3(j); as amended by Commissioner’s Order 61-2029 (November 22, 1961); as amended by Final Rulemaking published at 35 DCR 4947 (June 24, 1988); as amended by Final Rulemaking published at 51 DCR 4309 (April 30, 2004); as amended by Final Rulemaking published at 55 DCR 12991 (December 26, 2008 – Part 2). District of Columbia Municipal Regulations Alcoholic Beverages 23 DCMR § 1403

23 DCMR § 1404 DETERMINATION OF TAX WHEN REPORT NOT FILED

1404.1 If any statement required by this chapter is not filed, or if a statement when filed is incorrect or insufficient, the amount of tax due shall be determined by the OTR from such information as may be obtainable.

1404.2 The OTR shall serve notice of the determination of tax due under this section on the taxpayer either by delivering it or causing it to be delivered to the taxpayer personally or by mailing it to the licensee, postage prepaid, addressed to the licensee at the licensed premises.

1404.3 The amount determined and assessed in accordance with this section shall be payable within ten (10) days after the date of assessment.

History

• SOURCE: Commissioner’s Order issued October 1, 1958, as published at 3 DCRR §7.3(k); as amended by Commissioner’s Order 61-2029 (November 22, 1961); as amended by Final Rulemaking published at 35 DCR 4947 (June 24, 1988); as amended by Final Rulemaking published at 51 DCR 4309 (April 30, 2004); as amended by Final Rulemaking published at 55 DCR 12991 (December 26, 2008 – Part 2). District of Columbia Municipal Regulations Alcoholic Beverages 23 DCMR § 1404

23 DCMR § 1405 FAILURE TO MAKE REPORTS OR PAYMENTS

1405.1 When any tax imposed by the Act has become due and payable and has not been paid, that tax may be collected by levy and distraint as provided in D.C. Official Code § 47-4471.

1405.2 If the OTR believes that the collection of any tax imposed by the Act will be jeopardized by delay, that tax may be assessed and collected as provided in D.C. Official Code § 47-2013.

1405.3 The failure of a licensee to file any return or report required by this section or any other violation of the provisions of this section shall be punishable by a fine of not more than one thousand dollars ($1,000) or imprisonment for not more than one (1) year, or both.

History

• SOURCE: Commissioner’s Order issued October 1, 1958, as published at 3 DCRR §§7.3(l) – (n); as amended by Commissioner’s Order 61-2029 (November 22, 1961); as amended by Final Rulemaking published at 35 DCR 4947 (June 24, 1988); as amended by Final Rulemaking published at 51 DCR 4309 (April 30, 2004); as amended by Final Rulemaking published at 55 DCR 12991 (December 26, 2008 – Part 2). District of Columbia Municipal Regulations Alcoholic Beverages 23 DCMR § 1405

23 DCMR § 1406 LATE PAYMENT SECURITY DEPOSITS

1406.1 If any licensee shall fail in any calendar month to pay when due the tax owed by the licensee on alcoholic beverages sold by the licensee in the preceding calendar month, the OTR may, in its discretion, as security for the payment of the tax on alcoholic beverages for which the licensee may thereafter be liable, do the following:

(a) Require the licensee to deposit with the D.C. Treasurer, within ten (10) days after the mailing by the OTR of a written demand to the licensee for the deposit, an amount in cash equal to twice the licensee's average liability per month for tax on alcoholic beverages for the twelve (12) calendar months immediately preceding the month in which the default occurs; or

(b) Require the licensee to file statements showing the quantity of alcoholic beverages subject to taxation for the total calendar months immediately preceding the month of default, if the number of months preceding the month of default is less than twelve (12) months.

1406.2 Upon any failure of the licensee making a deposit to pay when due any tax thereafter owed by the licensee on alcoholic beverages, the OTR shall apply the deposit to the payment of the delinquent tax, and the licensee shall, within seventy-two (72) hours after receipt of a written notice from the OTR to the licensee of the application of the deposit to the payment of the tax, again deposit with the D.C. Treasurer, in cash, an amount equal to the amount so applied.

History

• SOURCE: Commissioner’s Order issued October 1, 1958, as published at 3 DCRR §§7.3(f), (g); as amended by Commissioner’s Order 61-2029 (November 22, 1961); as amended by Final Rulemaking published at 35 DCR 4947 (June 24, 1988); as amended by Final Rulemaking published at 51 DCR 4309 (April 30, 2004); as amended by Final Rulemaking published at 55 DCR 12991 (December 26, 2008 – Part 2). District of Columbia Municipal Regulations Alcoholic Beverages 23 DCMR § 1406

23 DCMR § 1407 SALE TO EMBASSIES

1407.1 Holders of Wholesaler's licenses Class A, shall be authorized to sell and deliver alcoholic beverages within the District of Columbia directly to embassies, diplomatic representatives of foreign countries, and to international organizations designated by Executive Order of the President of the United States as entitled to the privileges outlined by federal law.

1407.2 The provisions of § 1407.1 shall not be construed as waiving the collection of the District of Columbia tax upon alcoholic beverages sold and delivered under this section.

History

• SOURCE: Commissioner’s Order issued March 13, 1949, as published at 3 DCRR § 7.4; as amended by Commissioner’s Order 61-2029 (November 22, 1961); as amended by Final Rulemaking published at 35 DCR 4947 (June 24, 1988); as amended by Final Rulemaking published at 51 DCR 4309 (April 30, 2004); as amended by Final Rulemaking published at 55 DCR 12991 (December 26, 2008 – Part 2). District of Columbia Municipal Regulations Alcoholic Beverages 23 DCMR § 1407

23-15 APPLICATIONS: NOTICE OF HEARINGS INVOLVING LICENSES

23 DCMR § 1500 APPLICABILITY

1500.1 This chapter shall govern all notices to the public, government officials, licensees and applicants for a license, concerning the following:

(a) Applications for new licenses;

(b) Applications to renew licenses or transfer licenses to new locations;

(c) Applications to substantially change the nature of operations at a licensed establishment; and

(d) Applications to transfer licenses to new owners.

History

• SOURCE: Final Rulemaking published at 35 DCR 4947 (June 24, 1988); as amended by Final Rulemaking published at 51 DCR 4309 (April 30, 2004); as amended by Final Rulemaking published at 55 DCR 12991 (December 26, 2008 – Part 2). District of Columbia Municipal Regulations Alcoholic Beverages 23 DCMR § 1500

23 DCMR § 1501 GENERAL PROVISIONS

1501.1 The provisions of this chapter are intended to be consistent with the District of Columbia Administrative Procedure Act (D.C. Official Code §§ 2-501 et seq.). If there is any conflict between this chapter and the District of Columbia Administrative Procedure Act, the District of Columbia Administrative Procedure Act shall govern.

1501.2 If there is any conflict within this chapter, provisions of specific application shall supersede those of general application.

History

• SOURCE: Final Rulemaking published at 35 DCR 4947 (June 24, 1988); as amended by Final Rulemaking published at 51 DCR 4309 (April 30, 2004); as amended by Final Rulemaking published at 55 DCR 12991 (December 26, 2008 – Part 2). District of Columbia Municipal Regulations Alcoholic Beverages 23 DCMR § 1501

23 DCMR § 1502 NOTICE OF AN APPLICATION FOR A NEW LICENSE, RENEWAL OF A LICENSE, OR TRANSFER OF A LICENSE TO A NEW LOCATION

1502.1 The provisions of this section shall govern notice to the public of all applications for new licenses, renewals, or a transfer to a new location, including Manufacturer, Wholesaler, and Retailer licenses, but shall not apply to Solicitor's licenses, Manager's licenses, Caterer's licenses, Wholesaler’s licenses, or to Temporary licenses.

1502.2 Upon acceptance of an application, the Board shall establish the date for a roll call hearing on the application, which shall be at least forty-five (45) days after the application is accepted.

1502.3 At least forty-five (45) days prior to the roll call hearing, the Board shall give notice of an application to the entities set forth in D.C. Official Code § 25-421(a). This notice requirement shall not apply to renewal applications in those instances where the Applicant’s new license or transfer to a new location application has a forty-five (45) day public comment period ending within thirty (30) days of the renewal deadline for that license class.

1502.4 [Repealed].

1502.5 Except as provided for in §§ 1502.6 and 1502.7, at least forty-five (45) days before the roll call hearing, the applicant shall post at least two (2) notice placards, provided by the Board, in conspicuous places on the outside of the establishment for the duration of the protest period.

1502.6 Subsection 1502.5 shall not apply to new or renewal license applications for a common carrier license for a passenger-carrying marine vessel that does not possess a physical location in the District of Columbia.

1502.7 At least forty-five (45) days before the roll call hearing, the applicant for a new or renewal license application for a Retailer’s license Class IA or IB shall have a copy of the placard notice provided by the Board on its website.

1502.8 The Board shall inspect the premises at least once before the date of the roll call hearing specified on the notice to ensure that the placards continue to be prominently and visibly displayed to the public. If the placards have been removed or are posted in a manner not visible from the street, the establishment shall be re-advertised and replacarded for a further forty-five (45) calendar day period.

History

• SOURCE: Final Rulemaking published at 35 DCR 4947 (June 24, 1988); as amended by § 4 of the Alcoholic Beverage Control Amendment Act of 1992, effective October 3, 1992 (D.C. Law 9-174; 39 DCR 5859 (August 7, 1992)); as amended by Final Rulemaking published at 51 DCR 4309 (April 30, 2004); as amended by Final Rulemaking published at 55 DCR 12991 (December 26, 2008 – Part 2); as amended by Final Rulemaking published at 60 DCR 11580 (August 9, 2013); as amended by Final Rulemaking published at 66 DCR 1822 (February 8, 2019). District of Columbia Municipal Regulations Alcoholic Beverages 23 DCMR § 1502

23 DCMR § 1503 NOTICE OF A SUBSTANTIAL CHANGE IN THE OPERATION OF A LICENSED ESTABLISHMENT

1503.1 Before a licensee makes a change in the nature of the operation of a licensed establishment which may be determined to be a substantial change, the licensee shall file with the Board a proposal to amend his or her most recent application to reflect the proposed changes.

1503.2 Upon receipt of an application amendment, the Board shall determine whether the change is substantial, and shall notify the licensee of its decision within thirty (30) calendar days of receipt of the application amendment.

1503.3 A fact-finding hearing may be held in the discretion of the Board to determine whether the change is substantial.

1503.4 Whenever the Board determines that the change is substantial, the Board shall give notice, as required in D.C. Official Code § 25-404.

History

• SOURCE: Final Rulemaking published at 35 DCR 4947 (June 24, 1988); as amended by Final Rulemaking published at 51 DCR 4309 (April 30, 2004); as amended by Final Rulemaking published at 55 DCR 12991 (December 26, 2008 – Part 2). District of Columbia Municipal Regulations Alcoholic Beverages 23 DCMR § 1503

23 DCMR § 1504 NOTICE OF TRANSFER OF A LICENSE TO A NEW OWNER

1504.1 Notice to the public of any change in the ownership of a licensed establishment shall be in accordance with this section.

1504.2 If a license transfer to a new owner occurs, as set out in D.C. Official Code § 25-405, and the new owner proposes to make substantial changes to the establishment, notice of the change in ownership and the change in operation shall be made in the same manner as set out in D.C. Official Code § 25-404.

History

• SOURCE: Final Rulemaking published at 35 DCR 4947 (June 24, 1988); as amended by Final Rulemaking published at 51 DCR 4309 (April 30, 2004); as amended by Final Rulemaking published at 55 DCR 12991 (December 26, 2008 – Part 2). District of Columbia Municipal Regulations Alcoholic Beverages 23 DCMR § 1504

23 DCMR § 1505 NOTICE TO ADVISORY NEIGHBORHOOD COMMISSIONS

1505.1 Notice required to be provided by the Board to each ANC Office, ANC Chairperson, and ANC single member district Commissioner pursuant to D.C. Official Code § 1-309.10(c)(2)(A) shall be sent to the ANC address on file with the Office of Advisory Neighborhood Commissions.

History

• SOURCE: Final Rulemaking published at 67 DCR 14479 (December 11, 2020). District of Columbia Municipal Regulations Alcoholic Beverages 23 DCMR § 1505

23 DCMR § 1506 PRESUMPTIONS OF APPROPRIATENESS

1506.1 There shall be a presumption that a license is appropriate for an establishment if, after public notice is given under this chapter, no objection to the license is filed with the Board.

1506.2 There shall be a presumption that a substantial change in the nature of the operations of a licensed establishment is appropriate, if after public notice is given under this chapter, no objection to the change is filed with the Board.

1506.3 Objections may be made by means of a protest, as set out in § 1605.

History

• SOURCE: Final Rulemaking published at 35 DCR 4947 (June 24, 1988); as amended by Final Rulemaking published at 51 DCR 4309 (April 30, 2004); as amended by Final Rulemaking published at 55 DCR 12991 (December 26, 2008 – Part 2); as amended by Final Rulemaking published at 67 DCR 14479 (December 11, 2020). District of Columbia Municipal Regulations Alcoholic Beverages 23 DCMR § 1506

23-16 CONTESTED HEARINGS, NON-CONTESTED HEARINGS, PROTEST HEARINGS, AND PROCEDURES

23 DCMR § 1600 GENERAL PROVISIONS

1600.1 The provisions of this chapter shall govern the following items:

(a) Roll call hearings, mediations, or status hearings regarding the issuance, transfer, or renewal of a license, or the making of substantial changes to a licensee's business operations under authority of the Act;

(b) Protest hearings regarding the issuance, transfer or renewal of a license, or the making of substantial changes to a licensee's business operations under authority of the Act;

(c) Fact finding hearings on any matter governed by the Act regarding an applicant for a license or a licensee; and

(d) Show cause hearings, summary suspension hearings or summary revocation hearings regarding the revocation or suspension of a license issued under the Act.

1600.2 The Board may, for good cause shown and in the interest of justice or to prevent hardship, waive any provision of this chapter which is not required by the Act in any proceeding after duly advising the parties of its intention to do so.

1600.3 The following hearings held before the Board shall be considered to be contested cases:

Protest hearings;

Show cause hearings;

Summary suspension or summary revocation hearings;

Cease and desist hearings;

Contested fact finding hearings in which the Board may suspend or revoke one’s license;

Temporary Operating Retail Permit revocation hearings; and

Qualifications hearings.

1600.4 The following hearings held before the Board shall not be considered to be contested cases:

Uncontested fact finding hearing, including the request to extend a license safekeeping; and

Moratorium hearings and other rulemaking hearings.

1600.5 The provisions of this chapter are intended to be consistent with the District of Columbia Administrative Procedure Act (D.C. Official Code §§ 2-501 et seq.). If there is any conflict between this chapter and the District of Columbia Administrative Procedure Act, the District of Columbia Administrative Procedure Act shall govern.

1600.6 If there is any conflict within this chapter, provisions of specific application shall supersede those of general application.

History

• SOURCE: Final Rulemaking published at 35 DCR 4947 (June 24, 1988); as amended by Final Rulemaking published at 51 DCR 4309 (April 30, 2004); as amended by Final Rulemaking published at 55 DCR 12991 (December 26, 2008); as amended by Final Rulemaking published at 63 DCR 3727 (March 11, 2016); as amended by Final Rulemaking published at 67 DCR 14479 (December 11, 2020). District of Columbia Municipal Regulations Alcoholic Beverages 23 DCMR § 1600

23 DCMR § 1601 ADMINISTRATIVE REVIEW

1601.1 The phrase “administrative review” found in Title 25 of the D.C. Official Code shall be considered synonymous with the phrase “roll call hearing” and shall have the same meaning in these regulations.

History

• SOURCE: Final Rulemaking published at 51 DCR 4309 (April 30, 2004); as amended by Final Rulemaking published at 55 DCR 12991 (December 26, 2008); as amended by Final Rulemaking published at 63 DCR 3727 (March 11, 2016). District of Columbia Municipal Regulations Alcoholic Beverages 23 DCMR § 1601

23 DCMR § 1602 FILING A PROTEST

1602.1 Only those individuals or entities listed in D.C. Official Code § 25-601 may file a protest against:

The issuance of a new license;

The renewal of an existing license;

The transfer of a license to a new location;

Substantial changes to the nature of the operations of a licensed establishment; and

Changes in license classes.

1602.2 All protests shall be in writing, shall be received by the Board prior to the end of the protest period, and shall state, as grounds for the protest, why the matter being objected to is inappropriate under one (1) or more of the appropriateness standards set out in D.C. Official Code §§ 25-313 and 25-314 and § 400 of this title.

1602.3 Protests submitted by the ANC or a community or civic association, shall be signed by the presiding officer or any other authorized person in accordance with the entity’s bylaws or other governing documents. The protest shall state the name and position of the designated representative who shall receive correspondence from the Board on behalf of the ANC or the community or civic association.

1602.4 Protests submitted by abutting property owners, protestant groups of five (5) or more residents or property owners, or a group of three (3) or more residents located in a moratorium zone, of the District sharing common ground shall be signed by all of the protestants and shall contain each protestant’s full printed name, e-mail address, if any, and mailing address. The protest shall identify a designated representative(s) who shall represent the protestant group and receive correspondence from the Board on the protestant group’s behalf.

1602.5 For purposes of § 1602.3, electronic signatures on protest letters are permitted.

1602.6 The Board may require protestants to appear in person before the Board for the purpose of determining that a sufficient number of individuals exist to have standing pursuant to D.C. Official Code § 25-601.

History

• SOURCE: Final Rulemaking published at 35 DCR 4947 (June 24, 1988); as amended by Final Rulemaking published at 51 DCR 4309 (April 30, 2004); as amended by Final Rulemaking published at 55 DCR 12991 (December 26, 2008); as amended by Final Rulemaking published at 63 DCR 3727 (March 11, 2016); as amended by Final Rulemaking published at 66 DCR 1822 (February 8, 2019); as amended by Final Rulemaking published at 67 DCR 14479 (December 11, 2020). District of Columbia Municipal Regulations Alcoholic Beverages 23 DCMR § 1602

23 DCMR § 1603 ROLL CALL HEARING

1603.1 The roll call hearing is a non-adversarial hearing conducted by the Board’s agent to identify timely filed protests received during the protest period, confer standing to protestant groups, and to set a date for mediation, the status hearing, and the protest hearing. For purposes of this section, the Board’s agent shall be defined as an ABRA Office of the General Counsel employee at or above the Grade 12 level, excluding the ABRA General Counsel.

1603.2 Each applicant and each protestant shall attend the roll call hearing in person or appear through a designated representative.

1603.3 The ANC may designate any member or every member of its Commission, or a non-member of the Commission to participate in the protest process, hearings, and negotiating settlement agreements.

1603.4 A protestant consisting of a group of five (5) or more members, or three (3) or more members if protesting in a moratorium zone, shall have no fewer than five (5) members, or three (3) members if protesting in a moratorium zone established under D.C. Official Code § 25-351, appear at the roll call hearing in order to be granted standing to protest.

1603.5 When a protestant fails to produce five (5) members, or three (3) members if protesting in a moratorium zone as established under D.C. Official Code § 25-351, at the roll call hearing, the Board’s Agent may only grant conditional standing to the protestant at that time. The protestant must produce the requisite remaining number of members of its group at the status hearing in order to be granted full standing.

1603.6 Failure to appear in person or through a designated representative at the roll call hearing may result in denial of the license application or dismissal of a protest, unless, in the discretion of the Board, good cause is shown for the failure to appear: Examples of good cause for failure to appear include, but are not limited to:

Sudden, severe illness or accident;

Death or sudden illness in the immediate family, such as spouse, partner children, parents, siblings;

Incarceration;

Severe inclement weather; or

(e) Arriving after the roll call hearing has concluded.

1603.7 A recommendation by the Board’s Agent to dismiss a license application or dismiss a protest for failure to attend the roll call hearing shall be forwarded to the Board for issuance of a written Order. A request for reinstatement of the license application or the protest must be filed with the Board within ten (10) days after receipt of the Order. In reviewing the request for reinstatement of the license application or the protest, the Board shall consider whether, in the discretion of the Board, the party has shown good cause for his or her failure to appear at the roll call hearing.

1603.8 At the roll call hearing, the Board’s agent shall have the authority to:

Regulate the course of the hearing;

Request the persons appearing at the hearing to identify themselves, and provide contact information including email addresses;

Request or accept written documentation from the parties including letters of representation;

Identify the parties with standing and the filed protest issues, if undisputed;

Approve a joint request from the parties to schedule mediation;

Adjourn a hearing and establish the date when the hearing will be continued; and

(g) Take any other action authorized by, or necessary under, this section.

1603.9 At the roll call hearing the parties shall be required, on a form prescribed by the Board, to provide their name, address, email address, and telephone numbers, as well as the same information for any attorney or non-attorney representative representing the parties. The parties shall also indicate on the form their consent to service by electronic means to his or her email address or to the email address of his or her attorney or representative.

1603.10 Upon the scheduling of the roll call hearing, all parties shall be prohibited from participating in any ex parte communication with the Board’s agent relevant to the merits of the proceeding. This shall include any oral or written communication not in the public hearing record with respect to which reasonable prior notice is not given to all parties to the proceeding.

1603.11 The roll call hearing shall be open to the public and transcribed by a certified court reporter.

History

• SOURCE: Final Rulemaking published at 35 DCR 4947 (June 24, 1988); as amended by the Alcoholic Beverage Control Amendment Act of 1992, effective October 3, 1992 (D.C. Law 9-174; 39 DCR 5859 (August 7, 1992)); as amended by Final Rulemaking published at 51 DCR 4309 (April 30, 2004); as amended by Final Rulemaking published at 55 DCR 12991 (December 26, 2008); as amended by Final Rulemaking published at 63 DCR 3727 (March 11, 2016); as amended by Final Rulemaking published at 68 DCR 7410 (July 30, 2021). District of Columbia Municipal Regulations Alcoholic Beverages 23 DCMR § 1603

23 DCMR § 1604 PROTEST STATUS HEARING

1604.1 The protest status hearing is a proceeding held by the Board at which the parties may address any unresolved legal issues from the roll call hearing, including whether a protestant granted conditional standing has subsequently met the standard for full standing, or address motions or pleadings previously filed with the Board.

1604.2 At the protest status hearing, the parties also inform the Board of their progress in reaching a settlement agreement. The Board in its discretion may set another status hearing if the Board determines that the parties are close to reaching a settlement agreement or that mediation might be helpful.

1604.3 Failure to appear at the Protest Status Hearing either in person or through a designated representative may result in denial of the license application or dismissal of a protest, unless, in the discretion of the Board, good cause is shown for the failure to appear. Examples of good cause for failure to appear include, but are not limited to:

Sudden, severe illness or accident;

Death or sudden illness in the immediate family, such as spouse, partner, children, parents, or siblings;

Incarceration;

Severe inclement weather; or

Arriving after the Protest Status Hearing has concluded.

1604.4 The protest status hearing shall be open to the public and transcribed by a certified court reporter.

History

• SOURCE: Final Rulemaking published at 51 DCR 4309 (April 30, 2004); as amended by Final Rulemaking published at 55 DCR 12991 (December 26, 2008); as amended by Final Rulemaking published at 63 DCR 3727 (March 11, 2016); as amended by Final Rulemaking published at 66 DCR 1822 (February 8, 2019); as amended by Final Rulemaking published at 68 DCR 7410 (July 30, 2021). District of Columbia Municipal Regulations Alcoholic Beverages 23 DCMR § 1604

23 DCMR § 1605 PARTY STANDING OF A GROUP OF FIVE OR MORE RESIDENTS OR PROPERTY OWNERS

1605.1 A protestant group of five or more residents or property owners of the District sharing common ground, or in a moratorium zone established under § 25-351, a group of no fewer than three residents or property owners of the District, will be granted standing once five or more individuals of the group have appeared at either the roll call hearing or at the protest status hearing. Notwithstanding § 1603.2, at least five (5) individuals of the Group of Five or More Individuals must appear in person at either the roll call hearing or the protest status hearing.

1605.2 Members of a protestant group of five (5) or more residents or property owners, or a protestant group of three (3) or more residents located in a moratorium zone, may submit written statements of designation of representation.

1605.3 A member of a protestant group of five (5) or more residents or property owners, or a protestant group of three (3) or more residents or property owners located in a moratorium zone, may be represented by a designated representative before the Board once the protestant group has been granted standing.

1605.4 A group of five (5) or more residents or property owners, or three (3) or more residents or property owners located in a moratorium zone, will be defined by the members set forth in the protest petition.

History

• SOURCE: Final Rulemaking published at 51 DCR 4309 (April 30, 2004); as amended by Final Rulemaking published at 55 DCR 12991 (December 26, 2008); as amended by Final Rulemaking published at 60 DCR 11580 (August 2, 2013); as amended by Final Rulemaking published at 63 DCR 3727 (March 11, 2016); as amended by Final Rulemaking published at 67 DCR 14479 (December 11, 2020). District of Columbia Municipal Regulations Alcoholic Beverages 23 DCMR § 1605

23 DCMR § 1606 PARTY DISMISSAL

1606.1 In the event that an applicant or a protestant is dismissed and not reinstated by the Board for good cause after failing to appear at a roll call hearing, status hearing, or protest hearing, the Board may deny the license application and/or dismiss the protest.

1606. 2 In the event that an applicant’s request to renew its license is dismissed and not reinstated by the Board for good cause, the applicant shall be permitted to submit a second renewal application upon the filing of a late fee of one thousand dollars ($1,000).

1606.3 The re-filed second renewal application shall be submitted to ABRA within ten (10) calendar days of receipt of the Board’s order dismissing the license application or not reinstating the license application in the event that a request for reinstatement was filed by the applicant. In the event that the applicant fails to resubmit its second renewal application within ten (10) calendar days, the Board shall issue a cease and desist order to the applicant notifying the business to immediately cease the sale and/or service of alcoholic beverages.

1606.4 In the event that a second renewal application is re-filed by an applicant within ten (10) calendar days, any protestant that appeared at the roll call hearing or status hearing where the applicant was dismissed for failure to appear shall not be required to refile a previously submitted valid protest letter.

1606.5 In the event that an applicant’s re-filed second renewal application is dismissed for failure to appear at a hearing and not reinstated by the Board for good cause, the license renewal application shall be denied and the license expired. The applicant shall be required to file a new license application, unless prohibited by a liquor license moratorium, and shall not be permitted to file a third license renewal application.

1606.6 In the event that an applicant’s request to terminate or amend its settlement agreement is dismissed and not reinstated by the Board for good cause, the applicant shall not be permitted to file a subsequent request to terminate or amend its settlement agreement until the next three-year renewal period.

History

• SOURCE: Final Rulemaking published at 51 DCR 4309 (April 30, 2004); as amended by Final Rulemaking published at 55 DCR 12991 (December 26, 2008); as amended by Final Rulemaking published at 63 DCR 3727 (March 11, 2016); as amended by Final Rulemaking published at 66 DCR 1822 (February 8, 2019). District of Columbia Municipal Regulations Alcoholic Beverages 23 DCMR § 1606

23 DCMR § 1607 ESTABLISHMENT OF GEOGRAPHIC BOUNDARIES

1607.1 Upon recognition by the Board of a properly filed protest at a roll call hearing, the applicant shall be required to select one of the geographic areas listed below that the applicant proposes be considered in determining the appropriateness of the establishment. The applicant shall submit the proposed boundaries to the Board and the protestants no later than ten (10) calendar days after the roll call hearing.

1607.2 Upon recognition by the Board of a properly filed protest at a roll call hearing, the applicant shall be required to select one of the geographic areas listed below that the applicant proposes be considered in determining the appropriateness of the establishment. The applicant shall submit the proposed boundaries to the Board and the protestants no later than ten (10) calendar days after the roll call hearing. The applicant shall be deemed to have selected the “section” geographic area if it fails to submit boundaries to the Board within the ten (10) calendar day period.

1607.3 Any protestant may object to the area and boundaries proposed by an applicant by filing a written objection with the Board no later than thirty (30) calendar days after receipt of the applicant's proposed boundaries. The objection shall also be served on the applicant by any of the means set forth in § 1703. The objection shall state in detail the following:

(a) The reasons for objecting to the boundaries proposed by the applicant;

(b) The boundaries proposed by the objector; and

(c) The reasons why the objector's boundaries should be adopted by the Board.

1607.4 The applicant's submission shall be served on the objector by any of the means set out in § 1703 and received by the Board no later than eight (8) calendar days after receipt of the applicant's submission.

1607.5 Any objector or applicant who makes a submission to the Board pursuant to §§ 1607.1, 1607.2, 1607.3, or 1607.4, may forward written argument or documentary evidence to the Board in support of the boundaries he or she proposes.

1607.6 The Board, pursuant to D.C. Official Code § 25-312(b), shall determine, on a case-by-case basis, the size of the area relevant for the appropriateness review. In making this determination, the Board shall consider the overall characteristics of the area, including population, density, and general commercial and residential activities.

1607.7 For the purpose of determining the appropriateness of a license, the geographic areas to be considered by the Board shall be measured pursuant to § 101.1 and shall be as follows:

(a) A “locality,” which shall be the immediate neighborhood of the establishment and whose boundary shall be at a distance of six hundred feet (600 ft.) from the establishment;

(b) A “section,” whose boundary shall be at an area larger than the immediate neighborhood and whose boundary shall be at a distance of twelve hundred feet (1,200 ft.) from the establishment; and

(c) A “portion,” whose boundary shall be at an area larger than a “section” and whose boundary shall be at a distance of eighteen hundred feet (1,800 ft.) from the establishment.

1607.8 In determining the area to be considered, the Board shall consider the report of the Board's investigators concerning the overall characteristics of the alternative areas, including the following:

(a) The population and density of the areas surrounding the establishment;

(b) The general commercial and residential activities in the areas surrounding the establishment; and

(c) Geographical factors, such as parks, rail lines, major thoroughfares, bodies of water, cemeteries, and unimproved or unused property, which may tend to define physically an area to be considered.

1607.9 In determining the area to be considered, the Board shall also consider the evidence and testimony of a party proposing a particular area of consideration, when the proposal is based on an assertion of:

(a) Historical patterns of commercial or residential activity leading to an identification of a given area as a distinct, generally-recognized neighborhood, or larger area; or

(b) Any other reason not included in § 1607.2.

1607.10 The Board shall make a final decision on the boundaries without a hearing and based on the submissions received from the applicant and the objector.

1607.11 The Board's final decision shall be made and announced at the first status hearing for the application at issue.

History

• SOURCE: Final Rulemaking published at 35 DCR 4947 (June 24, 1988); as amended by Final Rulemaking published at 51 DCR 4309 (April 30, 2004); as amended by the Omnibus Alcoholic Beverage Amendment Act of 2004, effective September 30, 2004 (D.C. Law 15-187; 51 DCR 6525 (July 2, 2004)); as amended by Final Rulemaking published at 55 DCR 12991 (December 26, 2008); as amended by Final Rulemaking published at 63 DCR 3727 (March 11, 2016). District of Columbia Municipal Regulations Alcoholic Beverages 23 DCMR § 1607

23 DCMR § 1608 SETTLEMENT CONFERENCES

1608.1 The phrase “settlement conference” found in Title 25 of the D.C. Official Code shall be considered synonymous with the phrase “mediation” and shall have the same meaning in these regulations.

History

• SOURCE: Final Rulemaking published at 35 DCR 4947 (June 24, 1988); as amended by Final Rulemaking published at 51 DCR 4309 (April 30, 2004); as amended by Final Rulemaking published at 55 DCR 12991 (December 26, 2008); as amended by Final Rulemaking published at 63 DCR 3727 (March 11, 2016). District of Columbia Municipal Regulations Alcoholic Beverages 23 DCMR § 1608

23 DCMR § 1609 MEDIATION

1609.1 Whenever a protest is filed, all parties shall attend mediation on a mutually convenient date prior to the scheduled protest status hearing or the protest hearing. The date of the mediation may be arranged at the roll call hearing or may be arranged at any other time.

1609.2 Mediation proceedings are confidential to the extent agreed to by the parties or provided by other law or rule of the District of Columbia. Mediation proceedings shall not be recorded or transcribed in any fashion. Statements made during mediation and documents and other evidence disclosed during mediation are not discoverable unless otherwise required by District or Federal law.

1609.3 The parties at a mediation may enter into a settlement agreement pursuant to § 1610, and shall submit the settlement agreement to the Board for approval on or before the date of the scheduled protest status hearing or the protest hearing.

1609.4 If the parties fail to reach a settlement agreement on one or more of the protest issues, they shall so inform the Board at the scheduled protest status hearing or the protest hearing and the Board shall proceed with a protest hearing as to all unresolved issues of fact.

History

• SOURCE: Final Rulemaking published at 51 DCR 4309 (April 30, 2004); as amended by the Omnibus Alcoholic Beverage Amendment Act of 2004, effective September 30, 2004 (D.C. Law 15-187; 51 DCR 6525 (July 2, 2004)); as amended by Final Rulemaking published at 55 DCR 12991 (December 26, 2008); as amended by Final Rulemaking published at 60 DCR 11580 (August 2, 2013); as amended by Final Rulemaking published at 63 DCR 3727 (March 11, 2016); as amended by Final Rulemaking published at 66 DCR 1822 (February 8, 2019). District of Columbia Municipal Regulations Alcoholic Beverages 23 DCMR § 1609

23 DCMR § 1610 SETTLEMENT AGREEMENTS

1610.1 The terms of a settlement agreement submitted by the parties shall be consistent with District of Columbia law and shall be in compliance with D.C. Official Code §§ 25-446.01 and 25-446.02.

1610.2 The Board may initiate a “Notice to Show Cause Hearing” upon evidence that the holder of a license has violated the material terms of its settlement agreement. Upon a determination that the licensee has materially violated its settlement agreement, the Board may impose any penalty authorized by the Act or this title.

1610.3 A properly filed request to unilaterally terminate or amend a settlement agreement shall be considered by the Board pursuant to the substantial change and notice procedures set forth in D.C. Official Code §§ 25-404 and 25-762.

1610.4 Repealed.

1610.5 If the Board determines that a settlement agreement submitted by the parties does not comply with all applicable laws and regulations, or otherwise exceeds the Board's expertise to enforce, the Board may condition approval of the settlement agreement on the parties' acceptance of modifications of the agreement proposed by the Board. If the parties reject the modifications proposed by the Board, they may submit a new settlement agreement for Board review that complies with D.C. Official Code §§ 25-446.01 and 25-446.02 and is within the Board's expertise to enforce, or proceed to a protest hearing.

1610.6 The Board shall issue an Order denying the settlement agreement if the parties to a settlement agreement reject the modifications proposed by the Board and fail to submit a new settlement agreement in accordance with § 1610.5 or fail to respond to the Board’s modifications within thirty (30) days of receiving notice of the modifications.

1610.7 If the Board issues an Order denying the settlement agreement pursuant to § 1610.6 and a protest has been filed against the Application, the matter will be scheduled for a Protest Hearing.

1610.8 If the Board issues an Order denying the settlement agreement pursuant to § 1610.6, and a protest was not filed against the Application, the Board may grant the Application in accordance with D.C. Official Code § 25-104 if the applicant or licensee meets the requirements set forth in Title 25 of D.C. Official Code.

1610.9 Settlement agreements shall be submitted to the Board for the Board’s consideration no later than ninety (90) calendar days after execution by the parties. Any settlement agreement submitted after ninety (90) calendar days from date of execution will not be considered by the Board.

History

• SOURCE: Final Rulemaking published at 51 DCR 4309 (April 30, 2004); as amended by Final Rulemaking published at 55 DCR 12991 (December 26, 2008); as amended by Final Rulemaking published at 63 DCR 3727 (March 11, 2016); as amended by Final Rulemaking published at 66 DCR 1822 (February 8, 2019); as amended by Final Rulemaking published at 67 DCR 14479 (December 11, 2020); as amended by Final Rulemaking published at 68 DCR 7410 (July 30, 2021). District of Columbia Municipal Regulations Alcoholic Beverages 23 DCMR § 1610

23 DCMR § 1611 SHOW CAUSE HEARINGS

1611.1 Whenever the Board has reasonable cause to believe that any license or permit should be fined, revoked, or suspended pursuant to Chapter 8 of Title 25 of the D.C. Official Code, it shall notify the person to whom the license or permit was issued by personal service or certified mail at the last address recorded by that person with the Board, citing that person to appear before the Board not less than thirty (30) days thereafter. The notice shall state the time and place set by the Board for the hearing.

1611.2 The licensee or permittee shall appear in his or her defense in person and may have representation by counsel or other designated representative, and shall be entitled to offer evidence before the Board with respect to the charges.

1611.3 If the person whose license or permit is sought to be fined, revoked, or suspended waives the hearing or fails to appear at the time and place set for the hearing, the Board may proceed ex parte, unless the Board extends the time for the hearing.

1611.4 The Board shall make its findings of fact based upon the evidence which has been presented to it.

1611.5 The Board may, in its discretion, accept from both (1) the licensee or permittee and (2) the Office of the Attorney General or the prosecuting entity an offer in compromise and settlement to resolve the charges brought at the show cause hearing by the District of Columbia against the licensee. An offer in compromise and settlement may be tendered to the Board at any time prior to the issuance of a decision by the Board on the contested matter.

1611.6 An offer submitted by the parties and accepted by the Board shall constitute a waiver of appeal and judicial review.

1611.7 Any fines collected by the Board shall be paid forthwith, unless otherwise ordered by the Board, to the D.C. Treasurer and credited to the General Fund.

1611.8 The issuance of an advisory opinion by the Board pursuant to § 1902 of this title may also result in the issuance of a show cause notice under this section.

History

• SOURCE: Final Rulemaking published at 35 DCR 4947 (June 24, 1988); as amended by Final Rulemaking published at 51 DCR 4309 (April 30, 2004); as amended by Final Rulemaking published at 55 DCR 12991 (December 26, 2008); as amended by Final Rulemaking published at 63 DCR 3727 (March 11, 2016). District of Columbia Municipal Regulations Alcoholic Beverages 23 DCMR § 1611

23 DCMR § 1612 PROTEST HEARINGS

1612.1 Whenever any objection is filed to any of the licensing actions set out in § 1602.1, whether by protest or by submission of Protest Petitions, the Board shall hold an adjudicatory proceeding, known as a “protest hearing,” for the purpose of receiving evidence and testimony regarding the appropriateness of the licensing action.

1612.2 The parties to a protest hearing shall be the applicant or licensee and the protestants. For the purpose of this section, “protestant” shall mean any eligible person, group, ANC, government agency or organization with standing under D.C. Official Code § 25-601 that has submitted a written protest.

1612.3 At the protest hearing, an applicant or licensee may give a brief opening statement summarizing the evidence and testimony he or she intends to produce regarding the appropriateness of the application or license at issue. Thereafter, the protestant may give a brief opening statement summarizing the evidence he or she intends to present to rebut or overcome the evidence and argument presented by the applicant or licensee.

1612.4 At the conclusion of the opening statements, the Board shall call its own witnesses, if any, who shall testify to the results of their investigation into the appropriateness of the establishment.

1612.5 At the conclusion of testimony by the Board's witnesses, if any, the applicant shall call its witnesses to give testimony and present evidence regarding the appropriateness of the establishment, as set forth in § 400 of this title.

1612.6 At the conclusion of testimony by the applicant's witnesses, the protestant shall call witnesses to give testimony and present evidence.

1612.7 All witnesses shall testify under oath and shall be subject to questioning by the Board and to cross-examination by the opposing party.

1612.8 In any case where there is more than one (1) protestant, the Board, in its discretion, may request that the protestants designate one (1) person to conduct the protestant’s case, to give opening and closing statements, and to examine and cross-examine witnesses.

1612.9 The Board may, on a motion from either party or on its own motion, limit the number of persons who may testify on behalf of the Applicant, Licensee, or protestant if the Board determines the testimony would be redundant.

History

• SOURCE: Final Rulemaking published at 35 DCR 4947 (June 24, 1988); as amended by Final Rulemaking published at 51 DCR 4309 (April 30, 2004); as amended by Final Rulemaking published at 55 DCR 12991 (December 26, 2008); as amended by Final Rulemaking published at 63 DCR 3727 (March 11, 2016); as amended by Final Rulemaking published at 66 DCR 1822 (February 8, 2019); as amended by Final Rulemaking published at 67 DCR 14479 (December 11, 2020). District of Columbia Municipal Regulations Alcoholic Beverages 23 DCMR § 1612

23 DCMR § 1613 SUMMARY SUSPENSION AND SUMMARY REVOCATION HEARINGS

1613.1 In rendering a decision on a summary suspension hearing, the Board may suspend or restrict the license of the licensee. Additionally, the Board may keep the licensee in the summary suspension proceeding to monitor the licensee to make a determination if the conditions placed by the Board on the licensee are effective.

1613.2 In rendering a decision on a summary revocation hearing, the Board may revoke, suspend, or restrict an applicant's license if it determines that the operations of the licensee present an imminent danger to the health and safety of the public pursuant to D.C. Official Code §§ 25-826 and 25-827.

History

• SOURCE: Final Rulemaking published at 63 DCR 3727 (March 11, 2016). District of Columbia Municipal Regulations Alcoholic Beverages 23 DCMR § 1613

23 DCMR § 1614 CONSOLIDATED HEARINGS BEFORE THE BOARD

1614.1 A consolidated protest hearing or show cause hearing may be held if the issues to be considered at the hearing are the same issues that are involved in another proceeding with the same Applicant pending before the Board.

1614.2 It is within the discretion of the Board to grant or deny a party’s request for consolidation. In considering the request, the Board may consider factors such as whether the issue(s) may be more efficiently decided if the hearings are combined.

1614.3 In considering a party’s request for consolidation, the Board must take into account the adjudication deadlines for each case and may require a party to waive the adjudication deadline associated with one (1) or more cases if consolidation otherwise prevents the Board from deciding all of the cases at issue within their respective deadlines.

1614.4 The Board may also propose on its own motion to consolidate two (2) or more cases in one (1) hearing for administrative efficiency.

1614.5 Before consolidating a hearing, the Board must notify the parties of its intention to do so, to provide the parties with an opportunity to file any objection.

1614.6 If the Board decides to hold a consolidated hearing, the Board may make either a consolidated decision and record or a separate decision and record on each issue. The Board shall ensure that any evidence that is common to all cases and material to the common issue to be decided is included in the consolidated record or each individual record, as applicable.

History

• SOURCE: Final Rulemaking published at 63 DCR 3727 (March 11, 2016); as amended by Final Rulemaking published at 66 DCR 1822 (February 8, 2019). District of Columbia Municipal Regulations Alcoholic Beverages 23 DCMR § 1614

23 DCMR § 1615 RULE ON WITNESSES

1615.1 At the request of a party, or on its own motion, and subject to § 1615.2, the Board shall order witnesses excluded so that they will not hear the testimony of other witnesses.

1615.2 Notwithstanding § 1615.1, the following persons shall not be excluded from hearings before the Board:

The Applicant or the Licensee;

The Designated Representative for a party to a proceeding; or

Any person whose presence is shown by a party to be essential to the presentation of his or her case.

History

• SOURCE: Final Rulemaking published at 63 DCR 3727 (March 11, 2016); as amended by Final Rulemaking published at 66 DCR 1822 (February 8, 2019). District of Columbia Municipal Regulations Alcoholic Beverages 23 DCMR § 1615

23 DCMR § 1616 FACT FINDING HEARINGS

1616.1 Prior to rendering a final decision on a licensing request or an ABRA Investigative Report, the Board may hold a non-evidentiary fact finding hearing to obtain further information from an applicant, licensee, witness, government official, or any other member of the public with the permission of the Board.

1616.2 A licensee shall not be fined or have its license suspended or revoked at an uncontested fact-finding hearing.

1616.3 Information provided at a fact finding hearing may result in the issuance of a show case notice pursuant to § 1611 or other enforcement action permitted under the Act or this title. The fact-finding hearing may also result in the Board initiating an action to deny, modify, place conditions, or approve an application, as well as any other action authorized by this title.

1616.4 At any time, in its discretion, the Board may limit or exclude the submission of evidence, statements, and testimony at the hearing.

1616.5 All fact-finding hearings shall be open to the public.

1616.6 Notwithstanding § 1616.5, a fact finding hearing may be closed to the public:

For purposes of receiving testimony, discussing, or deliberating upon the criminal background of an applicant for a solicitor’s or ABC manager’s license; or

Where closure is required by section 405 of the District of Columbia Administrative Procedure Act, effective March 31, 2011 (D.C. Law 18-350; D.C. Official Code § 2-575).

History

• SOURCE: Final Rulemaking published at 63 DCR 3727 (March 11, 2016); as amended by Final Rulemaking published at 66 DCR 1822 (February 8, 2019); as amended by Final Rulemaking published at 67 DCR 14479 (December 11, 2020). District of Columbia Municipal Regulations Alcoholic Beverages 23 DCMR § 1616

23 DCMR § 1617 MORATORIUM HEARINGS

1617.1 The Board shall hold moratorium hearings pursuant to the requirements set forth in D.C. Official Code §§ 25-353 and 25-354.

History

• SOURCE: Final Rulemaking published at 63 DCR 3727 (March 11, 2016); as amended by Final Rulemaking published at 66 DCR 1822 (February 8, 2019). District of Columbia Municipal Regulations Alcoholic Beverages 23 DCMR § 1617

23 DCMR § 1618 DISMISSAL FOR FAILURE TO PURSUE AN APPLICATION OR PROTEST

1618.1 Absent good cause, where an applicant or a protestant fails to appear for hearings, fails to file requested pleadings, or fails to comply with a Board order, the Board shall, on its own motion, dismiss the application or protest.

1618.2 Examples of good cause include, but are not limited to:

The Applicant or Protestant did not receive notice of a scheduled hearing;

The Applicant or Protestant had an emergency that prevented him or her from appearing at the hearing; or

The Applicant or Protestant did not receive the Board order or the Board’s request for pleadings.

History

• SOURCE: Final Rulemaking published at 66 DCR 1822 (February 8, 2019); as amended by Final Rulemaking published at 68 DCR 7410 (July 30, 2021). District of Columbia Municipal Regulations Alcoholic Beverages 23 DCMR § 1618

23-17 PROCEDURAL REQUIREMENTS FOR BOARD HEARINGS

23 DCMR § 1700 APPLICABILITY

1700.1 This chapter shall apply to all hearings held before the Board.

1700.2 The Board may, for good cause shown and in the interests of justice or to prevent hardship, waive any of the provisions of this chapter in any proceeding after duly advising the parties of its intention to do so.

History

• SOURCE: The Alcoholic Beverage Control Board Rules of Procedures Amendments of 1980, effective March 5, 1981 (D.C. Law 3-146; 27 DCR 4753 (October 31, 1980)); as amended by Final Rulemaking published at 35 DCR 4947 (June 24, 1988); as amended by Final Rulemaking published at 51 DCR 4309 (April 30, 2004); as amended by Final Rulemaking published at 55 DCR 12991 (December 26, 2008 – Part 2). District of Columbia Municipal Regulations Alcoholic Beverages 23 DCMR § 1700

23 DCMR § 1701 PARTIES, INTERVENTION, AND RIGHT TO BE HEARD

1701.1 The parties to a show cause hearing shall be the following:

(a) The respondent, licensee, permittee, or applicant, and

(b) The District of Columbia.

1701.2 The parties to a protest hearing shall be the applicant and the protestants and their designated representatives, if any.

1701.3 The parties to a fact-finding hearing shall be the licensee, permittee, or applicant for a license, and such other persons whose appearance the Board deems necessary and who are designated by the Board as parties.

1701.4 The Board may, in its discretion, permit interested persons other than parties, as defined in this chapter, to intervene in a proceeding for such general or limited purpose as the Board may specify.

1701.5 A person permitted to intervene under this section shall comply with all conditions fixed by the Board and shall not be considered a party to the proceedings.

1701.6 At any proceeding before the Board on an application for issuance or renewal of a license, or transfer of a license to a new person or location, the Board shall hear as witnesses all persons residing within and without the neighborhood who desire to be heard; provided that such testimony is not irrelevant or duly repetitious.

History

• SOURCE: The Alcoholic Beverage Control Board Rules of Procedures Amendments of 1980, effective March 5, 1981 (D.C. Law 3-146; 27 DCR 4753 (October 31, 1980)); as amended by Final Rulemaking published at 35 DCR 4947 (June 24, 1988); as amended by Final Rulemaking published at 51 DCR 4309 (April 30, 2004); as amended by Final Rulemaking published at 55 DCR 12991 (December 26, 2008 – Part 2). District of Columbia Municipal Regulations Alcoholic Beverages 23 DCMR § 1701

23 DCMR § 1702 COMPUTATION OF TIME FOR FILINGS

1702.1 Whenever a party to a proceeding under this chapter has the right or is required to perform some act within a specified time period after the service of notice upon the party, and the notice is served upon that party by mail, three (3) days shall be added to the prescribed period.

1702.2 Except as otherwise provided by law, any time period prescribed by this chapter may, for good cause shown, be extended by the Board with notice to all parties.

1702.3 For purposes of computing time that is stated in days or a longer unit of time, exclude the day of the event that triggers the computation of time.

1702.4 For purposes of computing time that is stated in days or a longer unit of time, every day, including intermediate Saturdays, Sundays and legal holidays is counted. Count the last day of the period, but if the last day is a Saturday, Sunday or legal holiday, the period continues to run until the end of the next day that is not a Saturday, Sunday or legal holiday.

1702.5 For purposes of computing time that is stated in hours, begin counting every hour immediately at the conclusion of the event that triggers the period, including hours during intermediate Saturdays, Sundays and legal holidays. If the time period would end on a Saturday, Sunday, or legal holiday, the time period continues to run until the same time on the next day that is not a Saturday, Sunday, or legal holiday.

1702.6 Unless a different time is set by a statute, regulation or Board Order, the last day of a specified time period is at midnight for electronic filing, and at the close of business on the last day for filing by any other means.

History

• SOURCE: The Alcoholic Beverage Control Board Rules of Procedures Amendments of 1980, effective March 5, 1981 (D.C. Law 3-146; 27 DCR 4753 (October 31, 1980)); as amended by Final Rulemaking published at 35 DCR 4947 (June 24, 1988); Final Rulemaking published at 51 DCR 4309 (April 30, 2004); as amended by Final Rulemaking published at 55 DCR 12991 (December 26, 2008 – Part 2); as amended by Final Rulemaking published at 64 DCR 1357 (February 10, 2017). District of Columbia Municipal Regulations Alcoholic Beverages 23 DCMR § 1702

23 DCMR § 1703 SERVICE OF PAPERS

1703.1 Any papers filed with the Board or on opposing parties in a contested case shall be served by personal delivery, first class U.S. mail, registered or certified mail, or by electronic mail. Proof of service shall be shown as required in § 1703.7.

1703.2 Any papers required to be served upon a party may be served upon the party or the party's designated representative.

1703.3 When a party has appeared through a representative, who has filed a written notice of appearance pursuant to § 1707.1, service shall be made upon the representative of record.

1703.4 Service upon a party or the party’s designated representative may be made in the following manner:

By personal delivery;

By use of a process server;

By registered or certified mail;

By electronic mail; or

As otherwise authorized by law.

1703.5 Service upon a party shall be completed upon any of the following acts:

(a) Handing the paper to the person to be served;

(b) Leaving the paper at the licensed premises with the owner, ABC Manager, or other employee of the establishment;

(c) Leaving the paper at the party's usual place of residence with some individual of suitable age and discretion residing therein;

(d) Deposit of the paper in the U.S. Mail, by registered or certified mail, properly stamped and addressed;

(e) By electronic mail at the e-mail address on file with ABRA;

(f) Deposit of the paper in the U.S. Mail, by first class mail, properly stamped and addressed, by an attorney of record; or

(g) By an action in conformity with an Order of the Board in any proceeding.

1703.6 Proof of service shall state the name and address of the person served, the manner of service, and the date of service.

1703.7 Proof of service shall be shown by one of the following:

(a) Written acknowledgement of the person served or that person's representative;

(b) The certificate of the person making the service;

(c) A return receipt, if served by registered or certified mail; or

(d) [Repealed].

1703.8 Service shall also be deemed proper upon a showing that the party actually received delivery of the notice or paper, irrespective of the delivery method.

History

• SOURCE: The Alcoholic Beverage Control Board Rules of Procedures Amendments of 1980, effective March 5, 1981 (D.C. Law 3-146; 27 DCR 4753 (October 31, 1980)); as amended by Final Rulemaking published at 35 DCR 4947 (June 24, 1988); Final Rulemaking published at 51 DCR 4309 (April 30, 2004); as amended by Final Rulemaking published at 55 DCR 12991 (December 26, 2008 – Part 2); as amended by Final Rulemaking published at 64 DCR 1357 (February 10, 2017); as amended by Final Rulemaking published at 66 DCR 1822 (February 8, 2019); as amended by Final Rulemaking published at 67 DCR 14479 (December 11, 2020). District of Columbia Municipal Regulations Alcoholic Beverages 23 DCMR § 1703

23 DCMR § 1704 SUBPOENAS

1704.1 The Board may upon its own motion, or upon the request of a party, compel witnesses to appear and testify or to produce books, records, papers, or other documents.

1704.2 Subpoenas shall be served by one of the methods set forth in D.C. Official Code § 25-443(a).

1704.3 Subpoenas issued by the Board shall be enforceable in the manner prescribed in D.C. Official Code § 25-443(c).

History

• SOURCE: The Alcoholic Beverage Control Board Rules of Procedures Amendments of 1980, effective March 5, 1981 (D.C. Law 3-146; 27 DCR 4753 (October 31, 1980)); as amended by Final Rulemaking published at 35 DCR 4947 (June 24, 1988); as amended by Final Rulemaking published at 51 DCR 4309 (April 30, 2004); as amended by Final Rulemaking published at 55 DCR 12991 (December 26, 2008 – Part 2). District of Columbia Municipal Regulations Alcoholic Beverages 23 DCMR § 1704

23 DCMR § 1705 CONTINUANCES

1705.1 A hearing scheduled before the Board shall not be delayed by motion for a continuance unless the motion is received in writing by the Board and the other parties six (6) calendar days before the scheduled hearing date and is served upon all parties on or before the sixth (6th) calendar day before the hearing. To be granted, the motion shall, in the opinion of the Board, set forth good and sufficient cause for the continuance.

1705.2 An attorney who knows or should know of a scheduling conflict shall immediately, but no later than two (2) days before the scheduled hearing, file a motion for continuance with the Board, with copies submitted to the opposing party or parties. A scheduling conflict with another tribunal may be considered good cause for continuing the proceeding.

1705.3 The granting of a continuance by the Board shall not be considered a waiver of requirements of this chapter, governing the time in which to file objections, petitions, or other pleadings.

1705.4 The Board may, on motion of any party or on its own motion, continue a hearing in order to permit an ANC to vote on a material issue in the hearing or upon a determination that the interests of justice will be served by the granting of the continuance to any party.

1705.5 The Board may, on the request of both the ANC and the applicant, extend the ANC's protest petition deadline for the sole purpose of allowing the ANC to vote on whether to support or protest the license application.

History

• SOURCE: The Alcoholic Beverage Control Board Rules of Procedures Amendments of 1980, effective March 5, 1981 (D.C. Law 3-146; 27 DCR 4753 (October 31, 1980)); as amended by Final Rulemaking published at 35 DCR 4947 (June 24, 1988); as amended by Final Rulemaking published at 51 DCR 4309 (April 30, 2004); as amended by Final Rulemaking published at 55 DCR 12991 (December 26, 2008 – Part 2); as amended by Final Rulemaking published at 66 DCR 1822 (February 8, 2019). District of Columbia Municipal Regulations Alcoholic Beverages 23 DCMR § 1705

23 DCMR § 1706 APPEARANCE AND REPRESENTATION

1706.1 An individual may represent himself or herself in any proceeding before the Board.

1706.2 An attorney may represent any party before the Board by submitting a Notice of Appearance or completing ABRA’s Attorney/Representative Designation Form to the Board.

1706.3 In addition to these regulations, the District of Columbia Rules of Professional Conduct shall govern the conduct of all attorneys appearing before the Board.

1706.4 A non-lawyer representative may represent any party before the Board by submitting a written consent of the party or ABRA’s Attorney/Representative Designation Form to the Board.

1706.5 An authorized officer, director, partner, or employee may represent a corporation, partnership, limited partnership, or other legal entity before the Board. Parties appearing before the Board pursuant to this section may be required to demonstrate that authority.

1706.6 Any party appearing before the Board in any proceeding may bring an interpreter of his or her choice.

1706.7 If it appears to the Board that the facts of issues in a matter before it are so intricate or involved that, in the interests of justice, of conserving time, or of facilitating preparation of an adequate record, a party ought to be represented by an attorney, the Board may urge the party to obtain counsel and shall allow the party a reasonable time, not to exceed fourteen (14) calendar days, to do so, as long as the rights of the other parties to the hearing are not substantially and adversely affected.

1706.8 Any person authorized to appear pursuant to this section may sign any paper required or permitted by statute, regulation, or this chapter to be filed with the Board.

History

• SOURCE: The Alcoholic Beverage Control Board Rules of Procedures Amendments of 1980, effective March 5, 1981 (D.C. Law 3-146; 27 DCR 4753 (October 31, 1980)); as amended by Final Rulemaking published at 35 DCR 4947 (June 24, 1988); as amended by Final Rulemaking published at 51 DCR 4309 (April 30, 2004); as amended by Final Rulemaking published at 55 DCR 12991 (December 26, 2008 – Part 2); as amended by Final Rulemaking published at 67 DCR 14479 (December 11, 2020). District of Columbia Municipal Regulations Alcoholic Beverages 23 DCMR § 1706

23 DCMR § 1707 NOTICE OF APPEARANCE

1707.1 A non-lawyer representative shall submit a signed statement containing that person’s name, address, e-mail address, telephone number, and the nature of the representation, or ABRA’s Attorney/Representative Designation Form prior to appearing before the Board.

1707.2 The written statement or the Attorney/Representative Designation Form required under § 1707.1 shall be made a part of the Board’s record of the proceeding and shall be served on all parties to the proceeding.

1707.3 Any attorney appearing as counsel in any proceeding shall submit a Notice of Appearance containing his or her name, e-mail address, office address, office telephone number, D.C. Bar number, and nature of the representation or ABRA’s Attorney/Representative Designation Form to the Board.

1707.4 In the case of law students who appear before the Board under the direction of an accredited law school clinical program, the supervising attorney shall register with the Board.

History

• SOURCE: The Alcoholic Beverage Control Board Rules of Procedures Amendments of 1980, effective March 5, 1981 (D.C. Law 3-146; 27 DCR 4753 (October 31, 1980)); as amended by Final Rulemaking published at 35 DCR 4947 (June 24, 1988); as amended by Final Rulemaking published at 51 DCR 4309 (April 30, 2004); as amended by Final Rulemaking published at 55 DCR 12991 (December 26, 2008 – Part 2); as amended by Final Rulemaking published at 67 DCR 14479 (December 11, 2020). District of Columbia Municipal Regulations Alcoholic Beverages 23 DCMR § 1707

23 DCMR § 1708 INSPECTION OF BOARD FILES

1708.1 The records of the Board shall be available for inspection and copying as soon as practicable, but no longer than three (3) business days from the date that the request is made by any interested party or member of the public, except as otherwise provided in this section.

1708.2 The records of the Board that shall be available for inspection and copying include the following:

(a) Written decisions and orders of the Board;

(b) Regulatory inspection reports;

(c) License applications and related documentation; and

(d) Any other records not specifically excepted from disclosure by the Freedom of Information Act of 1976 (D.C. Official Code §§ 2-531 et seq.).

1708.3 The Board shall withhold from its files those documents and other information which are exempted from public disclosure under the Freedom of Information Act of 1976. However, all documents and other information which is relied upon by the Board in reaching a decision on a contested case shall be made available to all parties and shall be entered into the record of the proceedings.

1708.4 Except as provided in § 1708.3, all petitions filed under this chapter shall be considered part of the record and shall be available for public inspection.

History

• SOURCE: The Alcoholic Beverage Control Board Rules of Procedures Amendments of 1980, effective March 5, 1981 (D.C. Law 3-146; 27 DCR 4753 (October 31, 1980)); as amended by Final Rulemaking published at 35 DCR 4947 (June 24, 1988); as amended by Final Rulemaking published at 51 DCR 4309 (April 30, 2004); as amended by Final Rulemaking published at 55 DCR 12991 (December 26, 2008 – Part 2); as amended by Final Rulemaking published at 67 DCR 14479 (December 11, 2020). District of Columbia Municipal Regulations Alcoholic Beverages 23 DCMR § 1708

23 DCMR § 1709 INVESTIGATOR REPORTS

1709.1 1709.1 All applications scheduled for a protest hearing shall be assigned for investigation by the Board and the investigator report shall be considered part of the Board’s protest hearing record.

1709.2 The Board shall make investigator report available to the parties of a contested case at least two (2) days prior to the date of the protest hearing or catered site protest hearing.

History

• SOURCE: The Alcoholic Beverage Control Board Rules of Procedures Amendments of 1980, effective March 5, 1981 (D.C. Law 3-146; 27 DCR 4753 (October 31, 1980)); as amended by Final Rulemaking published at 35 DCR 4947 (June 24, 1988); as amended by Final Rulemaking published at 51 DCR 4309 (April 30, 2004); as amended by Final Rulemaking published at 55 DCR 12991 (December 26, 2008 – Part 2); as amended by Final Rulemaking published at 67 DCR 14479 (December 11, 2020). District of Columbia Municipal Regulations Alcoholic Beverages 23 DCMR § 1709

23 DCMR § 1710 SCHEDULING AND CONDUCT OF HEARINGS: GENERAL PROVISIONS

1710.1 The Board shall not schedule any hearing until the applicant has submitted, in writing to the Board, all information and documents required by the Act and this title.

1710.2 Before a person may be heard to object to approval of an application, the person shall have notified the Board and the applicant or licensee, by any of the means listed in § 1703.4, of his or her intent to object, and of the grounds for the objection, prior to the end of the protest period.

1710.3 Decorum and good order shall be maintained at all times during hearings, and the Board may exclude or order the removal from the hearing room of any person who refuses to comply with a reasonable order of the Board.

1710.4 The Chairperson of the Board shall preside over all proceedings conducted by the Board under the authority of Title 25 of the D.C. Official Code.

1710.5 The Chairperson of the Board shall conduct all proceedings in accordance with the provisions of this chapter, Title 25 of the D.C. Official Code, and the District of Columbia Administrative Procedures Act.

1710.6 The Chairperson of the Board shall have the authority to:

Open and close a meeting or hearing:

Administer oaths and affirmations;

Regulate the course of the hearing and the conduct of the parties and their representative;

Take any other action in accordance with the above provisions in furtherance of a fair and orderly hearing; and

Issue subpoenas requested by parties to require the attendance and testimony of witnesses and the production of all documentary evidence related to the merits of the hearing.

1710.7 In the event the Chairperson is unable or unavailable to preside over a hearing or meeting, the Chairperson may designate a member of the Board to act as the presiding officer in the Chairperson’s absence.

History

• SOURCE: Final Rulemaking published at 35 DCR 4947 (June 24, 1988); Final Rulemaking published at 51 DCR 4309 (April 30, 2004); as amended by Final Rulemaking published at 55 DCR 12991 (December 26, 2008- Part 2); as amended by Final Rulemaking published at 64 DCR 1357 (February 10, 2017); as amended by Final Rulemaking published at 68 DCR 7410 (July 30, 2021). District of Columbia Municipal Regulations Alcoholic Beverages 23 DCMR § 1710

23 DCMR § 1711 EVIDENCE: GENERAL RULES

1711.1 Any party objecting to the admission of evidence shall state the grounds relied upon for the objection.

1711.2 Formal exceptions to the rulings of the Board made during the course of a hearing shall not be required.

1711.3 The parties may, by stipulation in writing filed with the Board, or in the record at a hearing, agree upon any facts relevant to a proceeding, or upon the substance of the testimony which would be given by a witness.

1711.4 The Board, in its discretion, may require additional evidence on any matter covered by stipulation.

1711.5 In all protest hearings before the Board, the applicant shall have the burden of proof to show by substantial evidence in the record that the licensing action meets the appropriate standards in accordance with D.C. Official Code § 25-313.

1711.6 In all show cause proceedings before the Board, the District of Columbia shall have the burden of proof to show by substantial evidence in the record that the respondent has committed a violation of Title 25 of D.C. Official Code or these regulations.

1711.7 In all protest hearings before the Board, the applicant shall open and close the case insofar as presentation of evidence and argument are concerned.

1711.8 In all show cause proceedings before the Board, the District of Columbia shall open and close the case insofar as presentation of evidence and argument are concerned.

History

• SOURCE: The Alcoholic Beverage Control Board Rules of Procedures Amendments of 1980, effective March 5, 1981 (D.C. Law 3-146; 27 DCR 4753 (October 31, 1980)); as amended by Final Rulemaking published at 35 DCR 4947 (June 24, 1988); Final Rulemaking published at 51 DCR 4309 (April 30, 2004); as amended by Final Rulemaking published at 55 DCR 12991 (December 26, 2008 – Part 2); as amended by Final Rulemaking published at 64 DCR 1357 (February 10, 2017). District of Columbia Municipal Regulations Alcoholic Beverages 23 DCMR § 1711

23 DCMR § 1712 OFFERS OF PROOF

1712.1 Any offer of proof made in connection with an objection to any ruling of the Board which rejects or excludes proffered oral testimony shall consist of a statement for the record of the substance of the evidence which the party contends would be established by the testimony.

1712.2 If the excluded evidence is documentary, a copy of the written evidence shall be marked for identification and shall constitute the offer of proof.

1712.3 The document shall be retained by the Board as part of the record for purposes of an appeal.

History

• SOURCE: The Alcoholic Beverage Control Board Rules of Procedures Amendments of 1980, effective March 5, 1981 (D.C. Law 3-146; 27 DCR 4753 (October 31, 1980)); as amended by Final Rulemaking published at 35 DCR 4947 (June 24, 1988); as amended by Final Rulemaking published at 51 DCR 4309 (April 30, 2004); as amended by Final Rulemaking published at 55 DCR 12991 (December 26, 2008 – Part 2). District of Columbia Municipal Regulations Alcoholic Beverages 23 DCMR § 1712

23 DCMR § 1713 DOCUMENTARY EVIDENCE

1713.1 Documentary evidence offered at any hearing before the Board shall, if received by the Board, be retained by the Board, and may be examined by interested persons pursuant to § 1708.

1713.2 Any party who intends to offer documentary evidence at a hearing shall, seven (7) calendar days prior to the hearing, disclose the evidence to the opposing party. Absent good cause, failure to disclose documentary evidence seven (7) calendar days prior to the hearing may result in the Board excluding the evidence.

1713.3 The Board may, in its discretion, permit the withdrawal of original documents received into evidence and the substitution of certified copies in lieu of the originals.

1713.4 When relevant and material matters offered into evidence are contained in a book or other document which also contains other matters not material or relevant, the person offering the evidence shall plainly designate the matters offered, and the immaterial and irrelevant parts shall be excluded and segregated insofar as practicable.

1713.5 All exhibits that a party intends to introduce at a hearing must be identified on and attached to an exhibit form. Parties shall include the exhibit form, including copies of the exhibits, with the Protest Information Form pursuant to 23 DCMR § 1722.2(d).

1713.6 Exhibits reasonably anticipated to be used for impeachment need not be included on or attached to the exhibit form.

1713.7 If a document is readily available to the general public, a party need only provide a complete citation to the source of the document and how the document may be accessed.

1713.8 The Board may exclude at the hearing any exhibit(s) not disclosed on the exhibit form if the Board finds that the opposing party has been prejudiced by the failure to disclose or if there has been a knowing failure to disclose.

1713.9 The Board shall have the discretion to receive documentary evidence from the parties not already listed or attached to the exhibit form upon a finding of good cause.

1713.10 The investigative report and attachments shall be part of the Board’s record and it shall not be necessary for the parties to formally move for admission of the investigative report or portions of it into the evidentiary record.

1713.11 The exhibit form and any attachments shall be served on all parties and the Board’s Office of General Counsel seven (7) days prior to the hearing.

1713.12 If a PowerPoint presentation or similar presentation is used by the parties, a paper copy of the exhibit shall be filed with the Board.

History

• SOURCE: The Alcoholic Beverage Control Board Rules of Procedures Amendments of 1980, effective March 5, 1981 (D.C. Law 3-146; 27 DCR 4753 (October 31, 1980)); as amended by Final Rulemaking published at 35 DCR 4947 (June 24, 1988); Final Rulemaking published at 51 DCR 4309 (April 30, 2004); as amended by Final Rulemaking published at 55 DCR 12991 (December 26, 2008 – Part 2); as amended by Final Rulemaking published at 64 DCR 1357 (February 10, 2017); as amended by Final Rulemaking published at 66 DCR 1822 (February 8, 2019). District of Columbia Municipal Regulations Alcoholic Beverages 23 DCMR § 1713

23 DCMR § 1714 EXAMINATION OF WITNESSES

1714.1 In any proceeding before the Board, each party shall have the right to present in person or by counsel or designated representative, the party’s case or defense, including oral and documentary evidence, to submit rebuttal evidence, and to cross-examine witnesses, unless the matter at issues has been dismissed by the Board.

1714.2 In a protest hearing in which there is more than one (1) protest, and the Board has required the protestants to designate one (1) person to conduct the protestant’s case pursuant to § 1612.8, the designated individual shall present the protestant’s case, give the opening and closing statements, and examine and cross-examine witnesses on behalf of the protestants.

1714.3 Any member of the Board may question any witness at any time during or after examination or cross-examination, subject to objection by a party.

1714.4 Any oral or documentary evidence may be received, but the Board shall exclude irrelevant, immaterial, or unduly repetitious evidence.

1714.5 The Board may impose a time limitation on oral arguments and witness testimony as it deems appropriate.

1714.6 The Board shall afford all parties the opportunity to present oral argument.

History

• SOURCE: The Alcoholic Beverage Control Board Rules of Procedures Amendments of 1980, effective March 5, 1981 (D.C. Law 3-146; 27 DCR 4753 (October 31, 1980)); as amended by Final Rulemaking published at 35 DCR 4947 (June 24, 1988); as amended by Final Rulemaking published at 51 DCR 4309 (April 30, 2004); as amended by Final Rulemaking published at 55 DCR 12991 (December 26, 2008 – Part 2); as amended by Final Rulemaking published at 67 DCR 14479 (December 11, 2020). District of Columbia Municipal Regulations Alcoholic Beverages 23 DCMR § 1714

23 DCMR § 1715 RECORDS IN PROCEEDINGS

1715.1 When any part of the record in any other proceeding before the Board, a criminal or civil action, or a proceeding before any administrative agency is offered in evidence, a certified true copy of that part of that record shall be presented to the Board as an exhibit, except in the following instances:

(a) It is described in a manner which makes it readily identifiable and the offeror agrees to supply copies at a later time as required by the Board;

(b) There is a stipulation on the record that it may be incorporated by reference and the Board directs the incorporation; or

(c) It is described in a manner which makes it readily identifiable in the files of the Board.

History

• SOURCE: The Alcoholic Beverage Control Board Rules of Procedures Amendments of 1980, effective March 5, 1981 (D.C. Law 3-146; 27 DCR 4753 (October 31, 1980)); as amended by Final Rulemaking published at 35 DCR 4947 (June 24, 1988); as amended by Final Rulemaking published at 51 DCR 4309 (April 30, 2004); as amended by Final Rulemaking published at 55 DCR 12991 (December 26, 2008 – Part 2). District of Columbia Municipal Regulations Alcoholic Beverages 23 DCMR § 1715

23 DCMR § 1716 MOTIONS

1716.1 Any party to a protest may seek relief from the Board against an opposing party by filing a motion with the Board. Unless otherwise specified, motions shall conform to the following requirements:

Be in writing;

Served upon the other parties to the protest by electronic mail or the first-class U.S. Postal Service; and

Filed with the Board.

1716.2 Motions for a continuance shall conform with 23 DCMR § 1705.

1716.3 Any party may file a response in opposition to a motion within seven (7) calendar days after service of the motion. In the case of motions for continuances which have been filed by a party on the sixth (6th) calendar day before a scheduled hearing, pursuant to § 1705.1, responses thereto shall either be made in writing and served by personal delivery on all parties prior to the hearing or shall be made orally on the date of the hearing.

1716.4 A response to a motion shall not include a motion for other affirmative relief against the moving party.

1716.5 If a party filing an opposition desires to submit a motion for other affirmative relief, it shall be done by separate pleading.

1716.6 [Repealed].

1716.7 A reply may be filed within three (3) calendar days after service of a response in opposition to a motion, but the reply shall not re-argue propositions presented in the motion, nor present matters which are not strictly in reply to the opposition.

1716.8 No further pleading shall be filed except by leave of the Board.

History

• SOURCE: The Alcoholic Beverage Control Board Rules of Procedures Amendments of 1980, effective March 5, 1981 (D.C. Law 3-146; 27 DCR 4753 (October 31, 1980)); as amended by Final Rulemaking published at 35 DCR 4947 (June 24, 1988); Final Rulemaking published at 51 DCR 4309 (April 30, 2004); as amended by Final Rulemaking published at 55 DCR 12991 (December 26, 2008 – Part 2); as amended by Final Rulemaking published at 64 DCR 1357 (February 10, 2017); as amended by Final Rulemaking published at 66 DCR 1822 (February 8, 2019). District of Columbia Municipal Regulations Alcoholic Beverages 23 DCMR § 1716

23 DCMR § 1717 POST-HEARING SUBMISSIONS

1717.1 No document or other information shall be accepted for the record after the close of a hearing except as follows:

(a) Unless accompanied by a Motion to Re-open the Record demonstrating good cause and the lack of prejudice to any party;

(b) Until all parties are afforded due notice and an opportunity to rebut the information; or

(c) Upon official notice of a material fact not appearing in the evidence in the record in accordance with D.C. Official Code § 2-509(b).

1717.2 The Board shall afford parties an opportunity to file Proposed Findings of Fact and Conclusions of Law within thirty (30) calendar days after receipt of the transcript from the hearing. The Board may, in its discretion, grant an extension to file Proposed Findings of Fact and Conclusions of Law for good cause. An extension granted by the Board shall not exceed twenty (20) calendar days after the initial deadline.

1717.3 [Repealed].

1717.4 [Repealed].

1717.5 A copy of the Proposed Findings of Fact and Conclusions of Law shall be served on each party.

1717.6 Proposed Findings of Fact and Conclusions of Law shall be limited to the record and shall include new legal issues that were not raised during the hearing.

History

• SOURCE: The Alcoholic Beverage Control Board Rules of Procedures Amendments of 1980, effective March 5, 1981 (D.C. Law 3-146; 27 DCR 4753 (October 31, 1980)); as amended by Final Rulemaking published at 35 DCR 4947 (June 24, 1988); Final Rulemaking published at 51 DCR 4309 (April 30, 2004); as amended by Final Rulemaking published at 55 DCR 12991 (December 26, 2008 – Part 2); as amended by Final Rulemaking published at 64 DCR 1357 (February 10, 2017); as amended by Final Rulemaking published at 66 DCR 1822 (February 8, 2019); as amended by Final Rulemaking published at 67 DCR 14479 (December 11, 2020). District of Columbia Municipal Regulations Alcoholic Beverages 23 DCMR § 1717

23 DCMR § 1718 DECISIONS OF THE BOARD

1718.1 Within ninety (90) calendar days after the close of the record, the Board shall render its written decision accompanied by Findings of Fact and Conclusions of Law.

1718.2 Findings of Fact and Conclusions of Law shall consist of a concise statement of the Board's conclusions on each contested issue of fact, and shall be based solely upon evidence contained in the record and facts of which the Board properly took judicial notice.

1718.3 Findings of Fact and Conclusions of Law shall be supported by and in accordance with reliable, probative, and substantial evidence.

1718.4 [DELETED]

1718.5 All written decisions of the Board shall be available for public inspection and copying at a reasonable cost.

History

• SOURCE: The Alcoholic Beverage Control Board Rules of Procedures Amendments of 1980, effective March 5, 1981 (D.C. Law 3-146; 27 DCR 4753 (October 31, 1980)); as amended by Final Rulemaking published at 35 DCR 4947 (June 24, 1988); Final Rulemaking published at 51 DCR 4309 (April 30, 2004); as amended by Final Rulemaking published at 55 DCR 12991 (December 26, 2008 – Part 2); as amended by Final Rulemaking published at 64 DCR 1357 (February 10, 2017). District of Columbia Municipal Regulations Alcoholic Beverages 23 DCMR § 1718

23 DCMR § 1719 RECONSIDERATION, REHEARING, REARGUMENT, AND STAY

1719.1 A motion for reconsideration, rehearing, reargument, or stay of a decision or order of the Board filed pursuant to D.C. Official Code § 25-433(d) shall be filed with the Board, and a copy shall be served on each party and intervenor.

1719.2 A motion for reconsideration shall state briefly the matters of record alleged to have been erroneously decided, the grounds relied upon, and the relief sought.

1719.3 If a motion is based in whole or in party on a new matter, that new matter shall be set forth in the motion stating that the petition could not by due diligence have known or discovered the new matter prior to the date the case was presented to the Board for a decision.

1719.4 The Board may, in its discretion, permit or require oral argument upon a motion filed under this section.

History

• SOURCE: The Alcoholic Beverage Control Board Rules of Procedures Amendments of 1980, effective March 5, 1981 (D.C. Law 3-146; 27 DCR 4753 (October 31, 1980)); as amended by Final Rulemaking published at 35 DCR 4947 (June 24, 1988); as amended by Final Rulemaking published at 51 DCR 4309 (April 30, 2004); as amended by Final Rulemaking published at 55 DCR 12991 (December 26, 2008 – Part 2); as amended by Final Rulemaking published at 66 DCR 1822 (February 8, 2019); as amended by Final Rulemaking published at 67 DCR 14479 (December 11, 2020). District of Columbia Municipal Regulations Alcoholic Beverages 23 DCMR § 1719

23 DCMR § 1720 EX PARTE COMMUNICATIONS

1720.1 If a proceeding is a contested case within the meaning of the D.C. Administrative Procedure Act (D.C. Official Code § 2-502(8)), the following restrictions shall apply:

(a) A person shall not make or knowingly cause to be made to a member of the Board an ex parte communication relevant to the merits of the proceeding; and

(b) No member of the Board shall make or cause to be made to any interested persons outside the Board an ex parte communication relevant to the merits of the proceeding.

1720.2 The prohibitions set forth in § 1720.1 shall apply upon the filing of a protest against an application for an original, transfer, substantial change or renewal license, or upon the issuance of notice to appear for a show cause hearing.

1720.3 For purpose of this section, “ex parte communication” does not include an inquiry regarding the Board’s procedure or practice, or a request for a status report on a matter, proceeding, or notice of a meeting or hearing.

History

• SOURCE: The Alcoholic Beverage Control Board Rules of Procedures Amendments of 1980, effective March 5, 1981 (D.C. Law 3-146; 27 DCR 4753 (October 31, 1980)); as amended by Final Rulemaking published at 35 DCR 4947 (June 24, 1988); as amended by Final Rulemaking published at 51 DCR 4309 (April 30, 2004); as amended by Final Rulemaking published at 55 DCR 12991 (December 26, 2008 – Part 2); as amended by Final Rulemaking published at 68 DCR 7410 (July 30, 2021). District of Columbia Municipal Regulations Alcoholic Beverages 23 DCMR § 1720

23 DCMR § 1721 TRANSCRIPTS OF HEARINGS

1721.1 Hearings shall be recorded and transcribed under the direction of the Board.

1721.2 [DELETED]

1721.3 Changes in the official transcript may be made only in cases of material error.

1721.4 A motion to correct the transcript shall be filed with the Board within ten (10) calendar days of the date the transcript is available to the movant. Copies of the motion shall be served on all parties.

1721.5 If no objections to the motion are filed within five (5) days after service of the motion, the Board may correct the transcript.

1721.6 The Board shall have final authority to dispose of all motions for correction of the record.

History

• SOURCE: Final Rulemaking published at 35 DCR 4947 (June 24, 1988); Final Rulemaking published at 51 DCR 4309 (April 30, 2004); as amended by Final Rulemaking published at 55 DCR 12991 (December 26, 2008 – Part 2); as amended by Final Rulemaking published at 64 DCR 1357 (February 10, 2017). District of Columbia Municipal Regulations Alcoholic Beverages 23 DCMR § 1721

23 DCMR § 1722 PROTEST INFORMATION FORMS AND EXHIBIT FORMS

1722.1 All parties to a protest hearing shall file a Protest Information Form (PIF) and an Exhibit Form.

1722.2 The PIF shall identify the following specific items:

Agreements made by the parties as to any protest issues which limit the issues for hearing to those not disposed of or resolved by mediation;

Unresolved issues that remain the subject of the protest hearing;

Witnesses who are expected to testify;

Exhibits the party intends to offer into evidence, the completed Exhibit Form, and copies of the exhibits;

List of material facts or the contents or authenticity of any document to which the parties have agreed to stipulate; and

The relief sought.

1722.3 The PIF must be signed by the party’s representative or by the party if the party is proceeding pro se.

1722.4 The exhibit form shall list each of the exhibits the party intends to introduce at the protest hearing, along with copies of the exhibits.

1722.5 The PIF shall contain a copy of the résumé for any witnesses for whom a party intends to call as an expert.

1722.6 The Board may exclude at the hearing any witnesses or exhibits not disclosed on the PIF or the Exhibit Form if the Board finds that the opposing party has been prejudiced by the failure to disclose or if there has been a knowing failure to disclose.

1722.7 The Board shall have the discretion to receive documentary evidence from the parties not already listed or attached to the PIF or the Exhibit Form upon a finding of good cause.

1722.8 The PIF and Exhibit Form and any attachments shall be served on all parties and ABRA’s Office of General Counsel seven (7) calendar days prior to the hearing.

1722.9 The Board may allow a party to submit their PIF and Exhibit Form, or amend their PIF and Exhibit Form, after the submission deadline set forth in § 1722.8 for good cause.

1722.10 Failure to file a PIF and Exhibit Form pursuant to this section may result in the exclusion of evidence, the dismissal of the license application or protest, unless in the discretion of the Board, good cause is shown for the party’s failure to file.

History

• SOURCE: Final Rulemaking published at 64 DCR 1357 (February 10, 2017); as amended by Final Rulemaking published at 67 DCR 14479 (December 11, 2020). District of Columbia Municipal Regulations Alcoholic Beverages 23 DCMR § 1722

23-18 PETITION PROCEDURES

23 DCMR § 1800 TYPES OF PETITIONS

1800.1 Protest Petitions filed pursuant to D.C. Official Code § 25-601 may be received by the Board regarding objections to licenses.

1800.2

(a) For purposes of this section, "Protest Petitions" are those which may be signed by any person in support of, or in opposition to a license application for the following:

(1) The issuance of a new license;

(2) The renewal of an existing license;

(3) The transfer of a license to a new location;

(4) Substantial changes to the nature of the operations of a licensed establishment; or

(5) A change in license class.

(b) Protest Petitions may be filed to indicate whether the signatories believe, or do not believe, that the establishment is appropriate under the provisions of D.C. Official Code §§ 25-313 and 25-314, and § 400 of this title.

History

• SOURCE: Final Rulemaking published at 35 DCR 4947 (June 24, 1988); as amended by Final Rulemaking published at 51 DCR 4309 (April 30, 2004); as amended by Final Rulemaking published at 55 DCR 12991 (December 26, 2008 – Part 2). District of Columbia Municipal Regulations Alcoholic Beverages 23 DCMR § 1800

23 DCMR § 1801 [REPEALED]

History

• SOURCE: Final Rulemaking published at 51 DCR 4309 (April 30, 2004); as amended by Final Rulemaking published at 55 DCR 12991 (December 26, 2008 – Part 2); as amended by Final Rulemaking published at 64 DCR 1357 (February 10, 2017); as amended by Final Rulemaking published at 67 DCR 14479 (December 11, 2020). District of Columbia Municipal Regulations Alcoholic Beverages 23 DCMR § 1801

23-19 COMPLAINTS: INQUIRIES TO THE BOARD

23 DCMR § 1900 COMPLAINTS

1900.1 The Board shall receive, at any time during the license period, complaints from any person alleging a violation by a licensee of the Act or this title. Complaints shall be in writing and set forth enough information to allow the Board or its staff to investigate the matter.

1900.2 Any written complaint shall be kept confidential by the Board to the extent permitted by law, unless the writer specifically states that it may be made public.

1900.3 All written complaints which identify the complainant by name and address shall be responded to in writing by the Board or its staff within ninety (90) days of receipt of the complaint, and shall advise the complainant of what action the Board or its staff has taken on the matter.

1900.4 If the complainant has not provided the Board with a telephone number where he or she may be reached for additional information, and the written complaint has set forth insufficient information for the Board to take action, the Board or staff response shall so state.

1900.5 In addition to written complaints identifying the complainant, any person may make an anonymous complaint in writing to the Board, or orally to any Investigator at ABRA. Anonymous complaints shall be investigated to the best of the Board's ability, but may result in no action being taken if the anonymous complainant fails to provide the Board or the Investigator with adequate information.

History

• SOURCE: Final Rulemaking published at 35 DCR 4947 (June 24, 1988); as amended by Final Rulemaking published at 51 DCR 4309 (April 30, 2004); as amended by Final Rulemaking published at 55 DCR 12991 (December 26, 2008 – Part 2). District of Columbia Municipal Regulations Alcoholic Beverages 23 DCMR § 1900

23 DCMR § 1901 LETTERS OF INFORMATION

1901.1 Any person, group, licensee, or business organization may make a written request to the Board for general information concerning staff procedures, Board procedures, the Act, this title, or any other matter of a general nature affecting the licensing of alcoholic beverages in the District of Columbia.

1901.2 The Board shall respond to all such letters in writing, and may refer the writer directly to a member of the ABRA Staff, to a specific section of the Act or this title, or to other District of Columbia government officials. The response may also suggest that the writer retain the services of an attorney to properly advise him or her as to how to proceed in a particular matter. If the writer's inquiry is so broad, inexact, or vague that the Board is unable to respond, the Board shall so advise the writer and may request that the writer provide additional information.

1901.3 Any statement contained in the Board's letters of information provides only general guidance to the writer and shall not be binding on the writer or binding on the Board if the Board is later presented with a more particularized factual situation. Further, the Board's responses shall not provide any basis for appeal to any court in the District of Columbia.

History

• SOURCE: Final Rulemaking published at 35 DCR 4947 (June 24, 1988); as amended by Final Rulemaking published at 51 DCR 4309 (April 30, 2004); as amended by Final Rulemaking published at 55 DCR 12991 (December 26, 2008 – Part 2). District of Columbia Municipal Regulations Alcoholic Beverages 23 DCMR § 1901

23 DCMR § 1902 ADVISORY OPINIONS

1902.1 Any person, group, licensee or business organization may make a written request to the Board for an advisory opinion when:

(a) The requestor is confronted with a situation involving the Act or this title which requires, or may require, him or her to take action; and

(b) The legality or propriety of the action to be taken is not clear from the plain text of the Act or this title.

1902.2 Any request for an advisory opinion shall set forth sufficient information to allow the Board to understand the issues involved and to frame a response. The requestor shall also state which section of the Act or section of this title the requestor wishes the Board to interpret or clarify, with respect to the stated set of facts.

1902.3 If the writer presents insufficient facts in any request for an advisory opinion, the Board may, in its discretion, issue a letter of information; engage in fact-finding through investigation or in a noncontested case hearing; request the writer to provide by letter more facts or details in support of his or her request; or decline to issue an advisory opinion.

1902.4 The decision to issue an advisory opinion shall be solely in the discretion of the Board, and any decision by the Board not to issue such an opinion, shall not be subject to review by the Mayor or any court in the District of Columbia.

1902.5 If issued, an advisory opinion is not binding upon the requestor but shall constitute guidance to the requestor as to how the Board may interpret the Act or this title on a particular matter, the facts of which are consistent with those raised by the requestor. Where the requestor is also a licensee, the Board may issue a show cause notice pursuant to § 1604 of this title in the instance where the facts raised by the requestor provide the Board with reasonable cause to believe that the requestor's license should be fined, suspended, or revoked.

1902.6 If the requestor disagrees with the Board's advisory opinion in any respect, he or she may, within twenty (20) calendar days after issuance of the opinion, petition the Board in writing to reconsider its opinion, setting forth in detail the reasons and legal argument which support the requestor's points of disagreement, or may request the Board to issue a declaratory order, pursuant to § 1903. Advisory opinions of the Board may not form the basis of an appeal to any court in the District of Columbia.

1902.7 All advisory opinions of the Board determined to be in the public interest in accordance with D.C. Official Code § 2-508, shall be published in the D.C. Register and shall be available for public inspection and copying at a reasonable charge at the offices of the Board.

History

• SOURCE: Final Rulemaking published at 35 DCR 4947 (June 24, 1988); as amended by Final Rulemaking published at 51 DCR 4309 (April 30, 2004); as amended by Final Rulemaking published at 55 DCR 12991 (December 26, 2008 – Part 2). District of Columbia Municipal Regulations Alcoholic Beverages 23 DCMR § 1902

23 DCMR § 1903 DECLARATORY ORDERS

1903.1 Any licensee or applicant for a license may make a written request to the Board to issue a declaratory order, as provided in D.C. Official Code § 2-508, regarding the applicability of Title 25 of the D.C. Official Code, this title, or any other statute enforceable by the Board, to terminate a controversy other than a contested case or to remove uncertainty regarding a specific factual situation. Any request filed with the Board that involves an existing settlement agreement shall be considered a contested case by the Board and not subject to the issuance of a declaratory order.

1903.2 Any request for a declaratory order shall:

(a) Set forth a particular and specific set of facts; and

(b) State in detail the reasons for uncertainty as to the applicability of the Act, this title or other statutes enforceable by the Board or state in detail why a controversy exists.

1903.3 Any declaratory order issued by the Board shall state the Board's Findings of Fact and Conclusions of Law. If the circumstances so warrant, the declaratory order may include an order by the Board to the requestor to cease and desist any practice or activity which is violative of applicable statutes or this title.

1903.4 All facts asserted in a request for a declaratory order shall be supported by sworn affidavit of the requestor. If the Board determines that further facts are necessary, it shall request the requestor to provide those facts by written affidavit or may receive those facts by stipulation at a non-contested case fact-finding hearing.

1903.5 Any requestor who is aggrieved by a declaratory order or who disagrees with the declaratory order in any respect may appeal the order by:

(a) Petitioning the Board, in writing, within twenty (20) calendar days after issuance of the declaratory order, to reconsider its order, and by setting forth in detail newly discovered facts or by setting forth legal argument which shows one (1) or more errors of law in the Board's order; or

(b) Seeking judicial review of the Board's order as permitted under D.C. Official Code § 2-510.

1903.6 All declaratory orders of the Board determined to be in the public interest in accordance with D.C. Official Code § 2-508, shall be published in the D.C. Register and shall be available for public inspection and copying at a reasonable charge at the offices of the Board.

History

• SOURCE: Final Rulemaking published at 35 DCR 4947 (June 24, 1988); as amended by Final Rulemaking published at 51 DCR 4309 (April 30, 2004); as amended by Section 303 of the Omnibus Alcoholic Beverage Amendment Act of 2004, effective September 30, 2004 (51 DCR 6525 (July 2, 2004)); as amended by Final Rulemaking published at 55 DCR 12991 (December 26, 2008 – Part 2); as amended by Final Rulemaking published at 67 DCR 14479 (December 11, 2020). District of Columbia Municipal Regulations Alcoholic Beverages 23 DCMR § 1903

23-20 CATERING LICENSE

23 DCMR § 2000 CATERER'S LICENSE

2000.1 A Caterer's license, issued under D.C. Official Code § 25-113(i), shall authorize the licensee to sell, deliver, and serve alcoholic beverages for consumption on the premises of a catered event at which the licensee is also serving prepared food. A Caterer is a business entity engaged principally in the processing, preparation, and service of food products which it has prepared especially for the customer for an event, and the service of alcoholic beverages is incidental to the food preparation and service. A Caterer's license shall not be granted to or maintained by entities which only serve snack items. Snack items shall include, but not limited to, potato chips, popcorn, pretzels, nuts, cookies, and candy. A violation of this subsection shall be grounds for the Board to order the licensee to show cause why the license should not be suspended or revoked, or a civil fine imposed based upon the primary tier schedule set forth in D.C. Official Code § 25-830(c).

2000.2 The licensee under a Caterer's license or its designated manager shall remain on the premises of a catered event for the period during which alcoholic beverages are sold, served, and consumed.

2000.3 Holders of a caterer’s license may purchase alcoholic beverages from Wholesalers and holders of an off-premises license, class A, for catered events of one hundred (100) persons or less. Holders of a caterer’s license shall purchase alcoholic beverages from an off-premises license, class A, for catered events in excess of one hundred (100) persons except that holders of a caterer’s license may also purchase alcoholic beverages from Wholesalers for catered events in excess of one hundred (100) persons when the licensed caterer also holds another type of on-premise, retailer’s license.

History

• SOURCE: Section 303 of the Omnibus Alcoholic Beverage Amendment Act of 2004, effective September 30, 2004 (51 DCR 6525 (July 2, 2004)); as amended by Final Rulemaking published at 55 DCR 12991 (December 26, 2008 – Part 2); as amended by Final Rulemaking published at 60 DCR 11580 (August 9, 2013). District of Columbia Municipal Regulations Alcoholic Beverages 23 DCMR § 2000

23 DCMR § 2001 CATERER'S APPLICATION

2001.1 Application for a Caterer's license shall be made on a form prescribed by the Board that shall include, at a minimum, the name, address, and federal and D.C. tax identification numbers of the catering business, the date of application, and a notarized statement that the applicant for the Caterer's license is informed of and agrees to abide by Title 25 of the D.C. Official Code and this title. Caterers without a place of business within the District of Columbia shall also designate a registered agent upon whom service of process may be served. The Board may require documentation evidencing the applicant's qualification to transact business in the District of Columbia.

2001.2 The Board may issue a Caterer's license to an applicant who meets the criteria set forth in D.C. Official Code §§ 25-301 and 25-303(a)(2). An applicant for a Caterer's license shall not be subject to the appropriateness standards set forth in D.C. Official Code §§ 25-313 and 25-314 and § 400 to qualify for the issuance or renewal of a Caterer's license; provided, that the licensee under a Caterer's license shall be subject to the appropriateness standards set forth in D.C. Official Code § 25-313 for purposes of the catered site protest hearing set forth in § 2008.

2001.3 The licensee under a Caterer's license shall be eligible to sell, deliver, and serve alcoholic beverages for consumption on premises designated by its customers in the District of Columbia.

2001.4 The licensee under an on-premises license, class C or class D, shall be required to file a separate application for the issuance or renewal of a Caterer's license.

2001.5 The Board in its discretion may grant temporary licenses to a caterer pending approval of its catering license application.

History

• SOURCE: Section 303 of the Omnibus Alcoholic Beverage Amendment Act of 2004, effective September 30, 2004 (51 DCR 6525 (July 2, 2004)); as amended by Final Rulemaking published at 55 DCR 12991 (December 26, 2008 – Part 2). District of Columbia Municipal Regulations Alcoholic Beverages 23 DCMR § 2001

23 DCMR § 2002 PURCHASE OF ALCOHOLIC BEVERAGES

2002.1 A Caterer licensed under § 2000.1, other than one also holding an on-premises retailer’s license under D.C. Official Code §§ 25-113(a)-(e), shall not purchase alcoholic beverages from a Wholesaler other than for scheduled events to be attended by one hundred (100) persons or less. Upon purchasing alcoholic beverages for an event of one hundred (100) persons or less from a Wholesaler, a Caterer shall immediately provide the following information to the Wholesaler on a form prescribe by ABRA:

(a) A description of the alcoholic beverages being purchased; and

(b) A description, including the location, of the scheduled event for which the alcoholic beverages are being purchased.

2002.2 Caterers shall maintain distinct records identifying the alcoholic beverages purchased from Wholesalers for each scheduled event of one hundred (100) persons or less and shall make such records available for inspection, upon request, by the Board and by the Wholesaler from which the alcoholic beverages were purchased. A Caterer licensed under § 2000.1 shall, concurrent with the information required in § 2006, provide to the Board a sworn affidavit on a form prepared by ABRA attesting that, in the preceding reporting period, it has used alcoholic beverages purchased from Wholesalers only for events of one hundred (100) persons or less. Upon request of the Board, the Caterer shall identify the Wholesaler(s) from whom alcoholic beverages have been purchased. The submission of a knowingly false or misleading affidavit shall be grounds for the Board to order the licensee to show cause why the license should not be suspended or revoked, or a civil fine imposed based upon the primary tier schedule set forth in D.C. Official Code § 25-830(c) and Chapter 8.

2002.3 Any caterer that also holds an on-premises retailer’s license under D.C Official Code §§ 25-113(a)-(e) shall be exempt from the provisions of this section.

History

• SOURCE: Section 303 of the Omnibus Alcoholic Beverage Amendment Act of 2004, effective September 30, 2004 (51 DCR 6525 (July 2, 2004)); as amended by Final Rulemaking published at 55 DCR 12991 (December 26, 2008 – Part 2); as amended by the Omnibus Alcoholic Beverage Regulation Amendment Act of 2012, effective May 1, 2013 (D.C. Law 19-310; 60 DCR 3410 (March 15, 2013)). District of Columbia Municipal Regulations Alcoholic Beverages 23 DCMR § 2002

23 DCMR § 2003 STORAGE OF ALCOHOLIC BEVERAGES

2003.1 The licensee under a Caterer's license may store alcoholic beverages in the District of Columbia upon the approval of the Board. The licensee under a Caterer's license shall not store alcoholic beverages intended for use in the District of Columbia outside of the District of Columbia. Specific approval shall not be required for any caterer that also holds an on-premises retailer’s license under D.C. Official Code §§ 25-113(a)-(e).

History

• SOURCE: Section 303 of the Omnibus Alcoholic Beverage Amendment Act of 2004, effective September 30, 2004 (51 DCR 6525 (July 2, 2004)); as amended by Final Rulemaking published at 55 DCR 12991 (December 26, 2008 – Part 2); as amended by the Omnibus Alcoholic Beverage Regulation Amendment Act of 2012, effective May 1, 2013 (D.C. Law 19-310; 60 DCR 3410 (March 15, 2013)). District of Columbia Municipal Regulations Alcoholic Beverages 23 DCMR § 2003

23 DCMR § 2004 IMPORTATION AND TRANSPORTATION OF ALCOHOLIC BEVERAGES

2004.1 The licensee under a Caterer's license may transport alcoholic beverages within the District of Columbia subject to the requirements of § 1303. The importation of alcoholic beverages by the licensee under a Caterer's license into the District of Columbia from outside of the District of Columbia shall be prohibited pursuant to D.C. Official Code § 25-772, and said alcoholic beverages shall be deemed illegal contraband goods subject to seizure and forfeiture to the District of Columbia pursuant to D.C. Official Code § 25-911.

2004.2 The licensee under a Caterer's license shall be permitted to remove sealed containers of alcoholic beverages from an event site, but shall not be permitted to remove unsealed containers from the premises. Customers who purchase or receive alcoholic beverages at the event site shall be permitted to remove sealed containers of alcoholic beverages from the premises and retain possession of unsealed containers on the premises.

2004.3 Unopened containers of alcoholic beverages purchased from an on-premises licensee, class A, may be returned by the licensee under a Caterer's license either to a class A licensee or stored at a location within the District of Columbia that has been approved by the Board.

History

• SOURCE: Section 303 of the Omnibus Alcoholic Beverage Amendment Act of 2004, effective September 30, 2004 (51 DCR 6525 (July 2, 2004)); as amended by Final Rulemaking published at 55 DCR 12991 (December 26, 2008 – Part 2). District of Columbia Municipal Regulations Alcoholic Beverages 23 DCMR § 2004

23 DCMR § 2005 MANAGER ATTENDANCE AT CATERED EVENTS

2005.1 Either the holder of a caterer’s license or a designated manager shall remain on the premises for the duration of the catered event.

2005.2 The holder of a caterer’s license, or the designated manager, shall keep a copy of the caterer’s license on his or her person during the catered event and make it available for inspection by an ABRA investigator upon request.

History

• SOURCE: Section 303 of the Omnibus Alcoholic Beverage Amendment Act of 2004, effective September 30, 2004 (51 DCR 6525 (July 2, 2004)); as amended by Final Rulemaking published at 55 DCR 12991 (December 26, 2008 – Part 2); as amended by Final Rulemaking published at 67 DCR 14479 (December 11, 2020). District of Columbia Municipal Regulations Alcoholic Beverages 23 DCMR § 2005

23 DCMR § 2006 CATERERS' REPORTS

2006.1 Licensees subject to this section shall, semiannually, furnish to the Board, on a form to be prescribed by the Board, a report that includes the following information:

The quantity of alcoholic beverages sold by the licensee in gallons during the preceding six (6) months for beverage purposes;

The total dollar amount of receipts for the sale of alcoholic beverages and food;

Of the total in paragraph (b) above, the amount received for the sale of alcoholic beverages and the amount received for the sale of food, and the percentages of the total receipts represented by the respective amounts;

The amount expended for alcoholic beverages and the amount expended for food, and the percentages of the total expenditures represented by the respective amounts;

The method used to compute the amounts and percentages; and

A statement executed by an individual licensee, partner of an applicant partnership, or the appropriate officer of an applicant corporation, attesting to the truth of the statement.

2006.2 The submission of a knowingly false or misleading affidavit shall be grounds for the Board to order the licensee to show cause why the license should not be suspended or revoked, or a civil penalty imposed based upon the primary tier schedule set forth in D.C. Official Code § 25-830(c).

2006.3 Licensees subject to this section shall semiannually furnish to the Board, on a form prescribed by the Board, a summary report of the alcoholic beverage purchases it has made from Wholesalers for events for one hundred (100) persons or less.

2006.4 In computing the amounts received for alcoholic beverages and for food, a licensee shall exclude all amounts received for taxes and gratuities in conjunction with these transactions, and all amounts, including surcharges, related to the obtaining and providing of entertainment or other goods and services at the licensed establishment.

2006. 5 Failure to timely submit the reports listed § 2006.1 to the Board shall constitute grounds for the Board to fine the licensee or suspend the license. Violation of this subsection shall be deemed a secondary tier violation subject to the penalties set forth in D.C. Official Code § 25-830(d) and Chapter 8.

History

• SOURCE: Section 303 of the Omnibus Alcoholic Beverage Amendment Act of 2004, effective September 30, 2004 (51 DCR 6525 (July 2, 2004)); as amended by Final Rulemaking published at 55 DCR 12991 (December 26, 2008 – Part 2); as amended by Final Rulemaking published at 67 DCR 14479 (December 11, 2020). District of Columbia Municipal Regulations Alcoholic Beverages 23 DCMR § 2006

23 DCMR § 2007 NOTICE TO THE PUBLIC

2007.1 A list of licensed caterers shall be sent by the Board at the beginning of the (i) renewal period, (ii) the second year payment period, and (iii) the third year payment period for Caterers' licenses to the following groups:

(a) The Council;

(b) The Board of Education; and

(c) The Advisory Neighborhood Commissions.

2007.2 The list of licensed caterers shall contain the legal name and trade name of the licensee and the licensee's address of record.

2007.3 The list shall be sent to the ANC by first-class mail and addressed to the following persons:

(a) The ANC office, with a copy for each ANC member;

(b) The ANC chairperson, at his or her home address of record; and

(c) Each ANC members at his or her home address of record.

2007.4 The list of licensed caterer's shall also be published by the Board in the District of Columbia Register.

2007.5 A list of Caterers licensed to sell alcoholic beverages shall be made available to the public by ABRA upon request.

History

• SOURCE: Section 303 of the Omnibus Alcoholic Beverage Amendment Act of 2004, effective September 30, 2004 (51 DCR 6525 (July 2, 2004)); as amended by Final Rulemaking published at 55 DCR 12991 (December 26, 2008 – Part 2). District of Columbia Municipal Regulations Alcoholic Beverages 23 DCMR § 2007

23 DCMR § 2008 CATERED SITE PROTEST HEARING

2008.1 Protestants with standing pursuant to D.C. Official Code § 25-601 may file a written request for a catered site protest hearing ("protest request") with the Board to prohibit or place restrictions on the number, nature, and size of events held at an event site at which the service of alcoholic beverages by caterers is permitted.

2008.2 All protest requests for a catered site protest hearing shall initially be scheduled by the Board for a preliminary hearing. All parties named in the protest request for a catered site protest hearing shall be afforded notice of both the preliminary hearing and the catered site protest hearing. Upon notice of the protest request filed with the Board, the owner of the event site or its designated representative shall provide at the preliminary hearing a list of caterers who have previously provided catering services at the event site, including the date of each event and the number of people who attended each event, within the previous two (2) years and any additional caterers currently scheduled at the event site.

2008.3 The written protest request shall be filed within thirty (30) days of the last problem event and shall address only those events which occurred in a period not before the preceding year. The request shall identify the site and the date(s) of the event(s) which give rise to the protest and the reason for protesting, based upon the appropriateness standards set forth in D.C. Official Code § 25-313. The catered site protest hearing shall be limited to no more than two (2) hours total or one (1) hour for each side.

2008.4 Notice of receipt of the protest request and the scheduled hearing shall be served by the Board on the protestants, the owner of an event site, and all caterers who have catered or are scheduled to cater an event at the site.

2008.5 At the preliminary hearing, the Board shall determine that the protestants have standing pursuant to D.C. Official Code § 25-601. Upon determining that standing exists, the Board shall schedule and conduct a catered site protest hearing pursuant to the procedures set forth in Chapter 4 of Title 25 of the D.C. Official Code.

2008.6 The protestants, the owner of an event site, and the caterer(s) for the event(s) in question shall be considered parties to the catered site protest hearing and shall have the right to present and cross-examine witnesses.

2008.7 The parties may agree to continue the catered site protest hearing in order to facilitate resolution of complaints or to reach a cooperative/voluntary agreement. The Board may also require that a settlement conference be held pursuant to D.C. Official Code § 25-445 prior to holding a catered site protest hearing.

2008.8 The Board, upon the completion of a catered site protest hearing, may prohibit or place restrictions upon the number, nature, or size of events, or caterers permitted at a site in its written order, which shall be issued pursuant to the procedures set forth in D.C. Official Code § 25-433.

2008.9 An event site may have catered events pending the outcome of the catered site protest hearing.

2008.10 An event site shall not be subject to a catered site protest hearing more than once every to (2) years from the same individual or entity.

2008.11 Events held in private residences that do not require a license under D.C. Official Code § 25-102 shall not be subject to catered site protest hearings.

2008.12 The Board may deny a protest request if the protest request is found to be facially deficient or meritless.

History

• SOURCE: Section 303 of the Omnibus Alcoholic Beverage Amendment Act of 2004, effective September 30, 2004 (51 DCR 6525 (July 2, 2004)); as amended by Final Rulemaking published at 55 DCR 12991 (December 26, 2008 – Part 2). District of Columbia Municipal Regulations Alcoholic Beverages 23 DCMR § 2008

23 DCMR § 2009 CATERER SHOW CAUSE AND SUMMARY SUSPENSION PROCEEDINGS

2009.1 The Board, in response to written complaints from the public expressing concerns about disruptive activity or unlawful conduct at an event site or as a result of its own investigation, may order a show cause hearing pursuant to the procedures set forth in § 1604 or a summary suspension or summary revocation hearing pursuant to the procedures set forth in D.C. Official Code § 25-826.

2009.2 Notice of a show cause hearing or a summary suspension or summary revocation hearing shall be provided by the Board to the licensee under a Caterer's license. If the issues at the hearing may involve the interests of an event site, the owner of an event site shall also be given notice of the hearing.

2009.3 If the Board determines that disruptive activity or unlawful conduct has occurred at the event site, the Board may place restrictions upon the number, nature, or size of events permitted at a site. If the Board determines that the activity or conduct is the product of the actions of a specific caterer, the Board may fine, suspend, or revoke the Caterer's license pursuant to Chapter 8 of Title 25 of the D.C. Official Code.

History

• SOURCE: Section 303 of the Omnibus Alcoholic Beverage Amendment Act of 2004, effective September 30, 2004 (51 DCR 6525 (July 2, 2004)); as amended by Final Rulemaking published at 55 DCR 12991 (December 26, 2008 – Part 2). District of Columbia Municipal Regulations Alcoholic Beverages 23 DCMR § 2009

23-21 RESTAURANT AND HOTEL FOOD SALES REQUIREMENTS

23 DCMR § 2100 RESTAURANT AND HOTEL QUALIFICATIONS

2100.1 A class C/R or D/R license shall be issued only to a restaurant as defined in D.C. Official Code § 25-101(43). A class C/H or D/H license shall be issued only to a hotel as defined in D.C. Official Code § 25-101(25). To qualify for or renew a class C/R, D/R, C/H, or D/H, license, a restaurant or hotel shall meet the requirements of D.C. Official Code §§ 25-101(43) and 25-113.

History

• SOURCE: Section 303 of the Omnibus Alcoholic Beverage Amendment Act of 2004, effective September 30, 2004 (51 DCR 6525 (July 2, 2004)); as amended by Final Rulemaking published at 55 DCR 12991 (December 26, 2008 – Part 2). District of Columbia Municipal Regulations Alcoholic Beverages 23 DCMR § 2100

23 DCMR § 2101 FOOD SALES REQUIREMENT COMPLIANCE

2101.1 The Board shall monitor licensed establishments, class C/R, D/R, C/H, and D/H, for compliance with the food sales requirements set forth in D.C. Official Code §§ 25-101(43) and 25-113.

2101.2 The initial auditing period to monitor compliance shall be not less than one (1) quarter. The Board shall continue to monitor an establishment which is found not to be in compliance for a period of one (1) year.

2101.3 Substantial lack of compliance by the licensee under a license, class C/R, D/R, C/H, or D/H, for a single year shall result in sanctions and continued monitoring, and may be used as contributing evidence of non-compliance with Title 25 of the D.C. Official Code and this title in protests or other proceedings. Substantial lack of compliance during or more than a full year shall result in sanctions that may include revocation by the Board or change in license class, if permissible. The Board shall follow the show cause notice procedures prior to imposing any sanction against a licensee.

2101.4 Minimal lack of compliance by the licensee under a license, class C/R, D/R, C/H, or D/H, for a single year shall result in a show cause hearing with the Board imposing one or more of the penalties set forth in § 2101.5, excluding revocation. The Board may issue a warning and continue monitoring of an establishment with a minimal lack of compliance if the establishment was in compliance with the food sales requirements of D.C. Official Code §§ 25-101(43) and 25-113 for the majority of the year that the establishment was monitored. An establishment found by the Board to have a minimal lack of compliance for two (2) or more successive years shall be deemed to have a substantial lack of compliance with the food sales requirement.

2101.5 The Board may impose the following additional or alternative sanctions against an establishment which is in non-compliance with the minimum food sales requirements:

(a) Revocation of the establishment's entertainment endorsement, if any;

(b) A reduction in the establishment's operating hours;

(c) A fine based upon the primary tier fine schedule set forth in D.C. Official Code §§ 25-830(c) and 25-801;

(d) Revocation or suspension of the license; or

(e) Require a change in license class, if permissible.

History

• SOURCE: Section 303 of the Omnibus Alcoholic Beverage Amendment Act of 2004, effective September 30, 2004 (51 DCR 6525 (July 2, 2004)); as amended by Final Rulemaking published at 55 DCR 12991 (December 26, 2008 – Part 2). District of Columbia Municipal Regulations Alcoholic Beverages 23 DCMR § 2101

23 DCMR § 2102 OFF-SITE FOOD SALES

2102.1 Off-site food sales by a licensee under a license, class C/R, D/R, C/H, or D/H, shall not be included for the purposes of calculating whether an establishment is meeting either of the food sales requirements set forth in D.C. Official Code § 25-101(43), § 25-113 or this chapter.

2102.2 Food sales occurring outside of the licensed premises at catered events or street festivals shall be considered off-site food sales. Food sales generated at the licensed establishment as either take-out or delivery food sales shall not be considered off-site food sales.

History

• Source: Notice of Final Rulemaking published at 58 DCR 1108 (February 4, 2011).