AN ACT IN THE COUNCIL OF THE DISTRICT OF
COLUMBIA
To enact and amend Title 25 of the District of Columbia Code; to amend the
District of Columbia Government Comprehensive Merit Personnel Act of 1978 to adjust the
compensation payable to the members of the Alcoholic Beverage Control Board; to amend the
Alcoholic Beverage Control and Rules Reform Amendment Act of 1994 to repeal a regulation
banning nude dancing in the establishments of certain licensees; and to amend Title 23 of
the District of Columbia Municipal Regulations to prohibit the expansion of activities of
licensees in certain moratorium zones.
BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this act may be cited as
the "Title 25, D.C. Code Enactment and Related Amendments Act of 2000".
TITLE I. TITLE 25, D.C. CODE ENACTMENT.
Sec. 101. Title 25 of the District of Columbia Code is amended and enacted into law to
read as follows (quotation marks omitted):
TITLE 25. ALCOHOLIC BEVERAGES.
CHAPTER 1. GENERAL PROVISIONS AND CLASSIFICATION OF LICENSES.
CHAPTER 2. ALCOHOLIC BEVERAGE REGULATION ADMINISTRATION.
CHAPTER 3. REQUIREMENTS TO QUALIFY FOR LICENSE.
CHAPTER 4. APPLICATION AND REVIEW PROCESSES.
CHAPTER 5. ANNUAL FEES.
CHAPTER 6. PROTESTS, REFERENDUM, AND COMPLAINTS.
CHAPTER 7. STANDARDS OF OPERATION.
CHAPTER 8. ENFORCEMENT, INFRACTIONS, AND PENALTIES.
CHAPTER 9. TAXES.
CHAPTER 10. LIMITATIONS ON CONSUMERS.
CHAPTER 1. GENERAL PROVISIONS AND CLASSIFICATION OF LICENSES.
Subchapter I. General Provisions.
Sec.
25-101. Definitions.
25-102. Sale of alcoholic beverages without a license prohibited.
25-103. Exceptions to license requirement.
25-104. Board authority to grant licenses.
Subchapter II. Classification of Licenses.
25-110. Manufacturer’s licenses.
25-111. Wholesaler’s licenses.
25-112. Off-premises retailer’s licenses.
25-113. On-premises retailer’s licenses.
25-114. Arena C/X license requirements and qualifications; special provisions for
on-premises retail licenses, class C, at DC Arena.
25-115. Temporary license requirements and qualifications.
25-116. Solicitor’s license requirements and qualifications.
25-117. Brew pub permit requirements and qualifications.
25-118. Tasting permit requirements and qualifications.
25-119. Importation permit requirements and qualifications.
25-120. Manager’s license requirements and qualifications.
25-121. Alcohol training and education certification providers.
Subchapter I. General Provisions.
§ 25-101. Definitions.
For the purposes of this title, the term:
(1) "ABRA" means the Alcoholic Beverage Regulation Administration established
by § 25-202.
(2) "ABRA Account" means the Alcoholic Beverage Regulation Administration
Account established by § 25-210.
(3) "Adult" means a person who is 21 years of age or older.
(4) "Alcohol" means ethyl alcohol, hydrated oxide of ethyl, or spirit of
wine, from whatever source or by whatever processes produced.
(5) "Alcoholic beverage" means a liquid or solid, patented or not, containing
alcohol capable of being consumed by a human being. The term "alcoholic
beverage" shall not include a liquid or solid containing less than one-half of 1% of
alcohol by volume.
(6) "Applicant" means, as the context requires, the individual applicant,
each member of an applicant partnership or limited liability company, or each of the
principal officers, directors, and shareholders of an applicant corporation, or, if other
than an individual, the applicant entity.
(7) "ANC" means an Advisory Neighborhood Commission as authorized under D.C.
Code § 1-251.
(8) "Back-up drink" means a drink, including a single drink consisting of
more than one alcoholic beverage, that is served to a customer before the customer has
consumed a previously served drink.
(9) "Bartender" means a person who fixes, mixes, makes, or concocts an
alcoholic beverage for consumption.
(10) "Beer" means a fermented beverage of any name or description
manufactured from malt, wholly or in part, or from any substitute for malt.
(11) "Board" means the Alcoholic Beverage Control Board established by § 25-
201.
(12) "Brew pub" means an establishment for the manufacture of beer to be sold
for consumption only at the place of manufacture and for sale to licensed wholesalers for
the purpose of resale to other licensees.
(13) "Business days" means Monday, Tuesday, Wednesday, Thursday, and Friday,
excluding holidays.
(14) "Caterer" means a corporation, partnership, individual, or limited
liability company that prepares, sells, delivers, and serves food and beverages to its
customers, under an agreement in advance of delivery, for a catered event on the premises
designated by the customer for the duration of the catered event.
(15) "Club" means a corporation, duly organized and in good standing under
Chapter 5 of Title 29, owning, leasing, or occupying a building, or a portion thereof, at
which the sale of alcoholic beverages is incidental to, and not the prime source of
revenue from, the operation of the building or the portion thereof. The term
"club" shall not include a college fraternity or sorority.
(16) "Credit card" means a consumer credit card extended on a nationally
recognized account pursuant to a plan under which:
(A) The creditor may permit the customer to make purchases or obtain loans by the use
of a credit card, check, or other device as the plan may provide;
(B) The customer has the privilege of paying the balance in full or in installments;
and
(C) A finance charge may be computed by the creditor from time to time on an
outstanding unpaid balance.
(17) "CSA" means Chapter 5 of Title 33.
(18) "DC Arena" means the multi-purpose arena for the performance of sports
and entertainment events and related amenities described in recital "E" of the
Land Disposition Agreement-Ground Lease By and Among the District of Columbia
Redevelopment Land Agency, the District of Columbia, and DC Arena L.P., dated December 29,
1995.
(19) "Director" means the Director of the Alcoholic Beverage Regulation
Administration appointed under § 25-207.
(20) "District" means the District of Columbia.
(21) "Establishment" means a business entity operating at a specific
location.
(22) "Food" means any substance consumed by human beings except alcoholic
beverages and any nonalcoholic liquid or solid substance served as part of the contents of
an alcoholic beverage drink.
(23) "Go-cup" means a drinking utensil provided at no charge or a nominal
charge to a customer for the purpose of consuming alcoholic beverages off the premises of
an establishment.
(24) "Gross annual receipts" means the total amount of money received during
the most recent one-year accounting period for the sale of food and alcoholic beverages,
not including the amount received for taxes and gratuities in conjunction with sales or
charges for entertainment or other services.
(25) "Hotel" means an establishment where food and lodging are regularly
furnished to transients and which has at least 30 guest rooms and a dining room in the
same or connecting buildings.
(26) "Interest" includes the ownership or other share of the operation,
management, or profits of a licensed establishment. The term "interest" shall
not include an agreement for the lease of real property.
(27) "Keg" means a container which is capable of holding 4 gallons or more of
beer, wine, or spirits and which is designed to dispense beer, wine, or spirits directly
from the container.
(28) "Land Disposition Lease" means the Land Disposition Agreement-Ground
Lease By and Among the District of Columbia Redevelopment Land Agency, the District of
Columbia, and DC Arena L.P., dated December 29, 1995.
(29) "Legal drinking age" means 21 years of age.
(30) "Legitimate theater" means premises in which the principal business
shall be the operation of live theatrical, operatic, or dance performances, or such other
lawful adult entertainment or recreational facilities as the Board, giving due regard to
the convenience of the public and the strict avoidance of sales prohibited by this title,
shall, by regulation, classify as legitimate theater. The term "legitimate
theater" shall not mean a motion picture theater.
(31) "Locality" means the neighborhood within 600 feet of an establishment.
(32) "Manufacture" includes any purification or repeat distillation processes
or rectification.
(33) "Nightclub" means a space in a building, and the adjoining space outside
of the building, regularly used and kept open as a place that serves food and alcoholic
beverages and provides music and facilities for dancing.
(34) "Nude performance" means dancing or other entertainment by a person
whose genitals, pubic region, or buttocks are less than completely and opaquely covered
and, in the case of a female, whose breasts are less than completely and opaquely covered
below a point immediately above the top of the areola.
(35) "Open container" means a bottle, can, or other container that is open or
from which the top, cap, cork, seal, or tab seal has at some time been removed.
(36) "Parking" means that area of public space which lies between the
property line and the edge of the actual or planned sidewalk which is nearer to such
property line, as such property line and sidewalk are shown on the records of the
District.
(37) "Person" includes an individual, partnership, corporation, limited
liability company, and an unincorporated association.
(38) "Portion" means the neighborhood within 1800 feet of an establishment.
(39) "Protest" means a written statement in opposition to the issuance of a
license.
(40) "Protest hearing" means the adjudicatory proceeding held by the Board,
after receipt of a protest, to hear persons objecting to, or in support of, the issuance
of a license.
(41) "Protest period" means a 45-day period during which an objection to the
issuance or renewal, substantial change in operation under § 25-404, or transfer to new
location, may be filed.
(42) "Residential districts" means those districts identified as residential
by the zoning regulations and the official atlases of the Zoning Commission for the
District of Columbia.
(43) "Restaurant" means a space in a building which:
(A) Is regularly used and kept open as a place where food is served;
(B) Keeps its kitchen facilities open until 2 hours before closing and for which sales
of food accounts for at least 45% of the establishment’s gross annual receipts; and
(C) May offer entertainment, except nude performances, and facilities for dancing.
(44) "RLA" means the District of Columbia Redevelopment Land Agency.
(45) "Sale" or "sell" includes offering for sale, keeping for sale,
manufacturing for sale, soliciting orders for sale, trafficking in, importing, exporting,
bartering, delivering for value or in any way other than by purely gratuitously
transferring. Every delivery of any alcoholic beverage made otherwise than purely
gratuitously shall constitute a sale.
(46) "Section" means the neighborhood within 1,200 feet of an establishment.
(47) "Settlement conference" means a meeting between the applicant and the
protestants held for the purpose of discussing and resolving, where possible, the
objections raised by the protestants.
(48) "Sign" shall have the same meaning as defined in Chapter 31 of Title 12
of the District of Columbia Municipal Regulations.
(49) "Spirits" means:
(A) A beverage which contains alcohol mixed with water and other substances in
solution, including brandy, rum, whisky, cordials, and gin; and
(B) An alcoholic beverage containing more than 14% alcohol.
(50) "Statement" means a representation by words, design, picture,
device, illustration, or other means.
(51) "Table" shall not include a counter, bar, or similar contrivance.
(52) "Tavern" means a space in a building which:
(A) Is regularly used and kept open as a place where food and alcoholic beverages are
served;
(B) May offer entertainment, except nude performances, and may allow dancing for its
patrons only; and
(C) Does not provide facilities for dancing for its employees or entertainers.
(53) "Valid identification document" means an official identification issued
by an agency of government (local, state, federal, or foreign) containing, at a minimum,
the name, date of birth, signature, and photograph of the bearer.
(54) "Voluntary agreement" means a settlement agreement which becomes part of
a license.
(55) "Washington Convention Center" means the Washington Convention Center
and the Convention Center Board of Directors, as established by § 9-602, and the
Washington Convention Center Authority and the Washington Convention Center Authority
Board of Directors, as established by § 9-803 and § 9-806.
(56) "Wine" means an alcoholic beverage containing not more than 14% alcohol
by volume obtained by the fermentation of the natural sugar content of fruits or other
agricultural products containing sugar whether or not other ingredients are added.
§ 25-102. Sale of alcoholic beverages without a license prohibited.
(a) No person shall sell any alcoholic beverage in the District without having first
obtained an appropriate license as required by this title.
(b) No wholesaler or manufacturer located within the District shall offer any alcoholic
beverage for sale to, or solicit orders for the sale of any alcoholic beverage from, any
person not licensed under this title, irrespective of whether the sale is to be made
inside or outside the District.
(c) No person located outside the District shall ship, import, or cause to be shipped
or imported into the District, any alcoholic beverage without having first obtained an
importation permit under this title for such shipment or importation.
(d) No person operating any premises where food, nonalcoholic beverages, or
entertainment are sold or provided for compensation or where facilities are especially
provided and service is rendered for the consumption of alcoholic beverages who does not
possess a license under this title shall permit the consumption of alcoholic beverages on
the premises.
§ 25-103. Exceptions to license requirement.
(a) A physician, dentist, veterinarian, or person in charge of an institution regularly
conducted as a hospital or sanatorium for the care of persons in ill health, or as a home
devoted exclusively to the care of aged people, may administer alcoholic beverages to a
patient in their care receiving treatment.
(b) This title shall not apply to alcohol sold for use in the manufacture and sale of
any of the following if they are unfit for beverage purposes:
(1) Denatured alcohol produced and used pursuant to Acts of Congress and regulations
promulgated thereunder;
(2) Patent, proprietary, medicinal, pharmaceutical, antiseptic, and toilet
preparations;
(3) Flavoring extracts, syrups, and food products; or
(4) Scientific, chemical, mechanical, and industrial products.
§ 25-104. Board authority to grant licenses.
(a) The Board may issue licenses to persons who meet the requirements set forth in this
title.
(b) All licenses issued under this title, except for a temporary license issued under
§ 25- 115, shall be valid for a term of 2 years and may be renewed upon completion of the
procedures set forth in this title and payment of the required fees.
(c) A license to sell alcoholic beverages in the District can be granted only by the
Board upon completion of the application and review process as contained in this title.
(d) Except as set forth in Subchapter II of this Chapter, each license or permit shall
particularly describe the place where the rights of the license are to be exercised.
(e) The Board, in issuing licenses, may require that certain conditions be met if it
determines that the inclusion of the conditions will be in the best interest of the
locality, section, or portion of the District where the licensed establishment is to be
located. The Board, in setting the conditions, shall state, in writing, the rationale for
the determination.
(f) Unincorporated associations shall be not be issued a license.
Subchapter II. Classification of Licenses.
§ 25-110. Manufacturer’s licenses.
(a) The following licenses shall be issued to manufacturers of alcoholic beverages:
(1)(A) A manufacturer’s license, class A, shall authorize the licensee to:
(i) Operate a rectifying plant, at the place therein described, for the manufacture of
the products of rectification by purifying or combining alcohol, spirits, wine, or beer; a
distillery for the manufacture of alcohol or spirits by distillation or redistillation; or
a winery for the manufacture of wine; and
(ii) Sell the products manufactured under the license from the licensed establishment
to another licensee under this title for resale or to a dealer licensed under the law of
any state or territory of the United States for resale.
(B) A manufacturer operating a facility where more than 50% of alcohol produced is sold
for nonbeverage purposes qualifies for a reduced license rate.
(2)(A) A manufacturer’s license, class B, shall authorize the licensee to operate a
brewery for the manufacture of beer at the establishment described in the license.
(B) The license shall authorize the licensee to sell the beer manufactured under the
license to (i) another licensee under this title for resale; (ii) to a dealer licensed
under the laws of any state or territory of the United States for resale; and (iii) to a
consumer. The licensee may sell beer to the consumer only in barrels, kegs, and sealed
bottles, which shall not be opened after sale, or the contents consumed, on the premises
where sold.
(b) A separate license shall be required for each establishment under subsection
(a)(1)(A)(i) of this section.
§ 25-111. Wholesaler’s licenses.
(a) A wholesaler’s license shall authorize the licensee to sell beverages from the
establishment described to (1) another licensee under this title for resale; (2) a dealer
licensed under the law of any state or territory of the United States for resale; and (3)
in the case of beer or wine, to a consumer. The licensee shall sell beer to the consumer
only in barrels, kegs, sealed bottles, and other closed containers, which shall not be
opened after sale, or the contents consumed, on the premises where sold.
(b) No licensee, except a wholesale druggist or a wholesale grocer, shall be engaged in
a business on the premises for which the license is issued other than the sale of
alcoholic and nonalcoholic beverages.
(c) There shall be 2 classes of wholesalers licenses:
(1) A wholesaler’s license, class A, shall authorize the licensee to sell spirits,
wine, and beer.
(2) A wholesaler’s license, class B, shall authorize the licensee to sell beer and
wine.
§ 25-112. Off-premises retailer’s licenses.
(a) An off-premises retailer’s license shall authorize the licensee to sell alcoholic
beverages from the place described and to deliver the same in the barrel, keg, sealed
bottle, or other closed container in which the same was received by the licensee.
(b) The barrel, keg, sealed bottle, or other closed container shall not be opened, or
the contents consumed, at the licensed establishment.
(c) The license shall not authorize the licensee to sell to other licensees for resale;
provided, that the licensee under an off-premises retailer’s license, class A, may sell
to:
(1) Caterers licensed under § 25-113(i); and
(2)(A) Licensees under a temporary license or an on-premises retailer’s license, class
C and D, for alcoholic beverages which were purchased from a licensee under a wholesaler’s
license.
(B)(i) Sales under this paragraph shall be made only on Saturdays, Sundays, and
holidays during the hours when licensees under a wholesaler’s license are closed;
(ii) Sales under this paragraph of wine and spirits shall be limited to 4 cases per
month; and
(iii) A licensee purchasing alcoholic beverages under this paragraph shall file a
written notice with the Board within 3 days after the date of purchase, which notice shall
specify the quantity and brand name of the alcoholic beverages purchased and the licensee
from whom the purchase was made.
(C) This paragraph shall expire 180 days after the effective date of the Title 25, D.C.
Code Enactment and Related Amendments Act of 2000, passed on 2nd reading on December 19,
2000 (Enrolled version of Bill 13-449).
(d) There shall be 2 classes of off-premises retailer’s licenses:
(1) A retailer’s license, class A, shall authorize the licensee to sell spirits, beer,
and wine.
(2) A retailer’s license, class B, shall authorize the licensee to sell beer and wine.
(e) The licensee under an off-premises retailer’s license, class B, who qualifies
for the license as a result of the application of § 25-303(c), § 25-331(d), §
25-332(c), or § 25-333(c), shall:
(1) File with the Board, within 60 days after the end of each year, a statement of
expenditures and receipts by the licensed establishment containing the following:
(A) The total amount of receipts for the sale of alcoholic beverages, indicating the
amount received for the sale of alcoholic beverages, the amount received for the sale of
food, and the percentage of the total amount of receipts represented by each amount;
(B) A statement indicating the method used to compute the amounts and percentages; and
(C) An affidavit, executed by the individual licensee, partner of an applicant
partnership, or the appropriate officer of an applicant corporation or limited liability
company, attesting to the truth of the annual statement.
(2) The annual accounting period, for the purposes of the annual report, shall
correspond to each of the 2 years for which a license is issued.
(3) The making of a false statement on an annual statement shall constitute grounds on
which the Board may deny the renewal of a license, or subsequently revoke the license, if
the renewal of the license is based in whole or in part on the contents of the false
statement.
§ 25-113. On-premises retailer’s licenses.
(a)(1) On-premises retailer’s licenses shall be classified by the type of establishment
licensed, as follows: restaurant, tavern, nightclub, hotel, club, multipurpose facility,
and common carrier.
(2) For each type of establishment listed in paragraph (1) of this section, there shall
be 2 classes of on-premises retailer’s license:
(A) Except as otherwise provided, an on-premises retailer’s license, class C, shall
authorize the licensee to sell spirits, wine, and beer at the licensed establishment for
consumption only at the licensed establishment.
(B) Except as otherwise provided, an on-premises retailer’s license, class D, shall
authorize the licensee to sell wine and beer at the licensed establishment for consumption
only at the licensed establishment.
(3) The licensee of any kind of on-premises retailer’s licenses, class C or D, shall
not sell or serve alcoholic beverages in any closed container; provided that:
(A) A hotel may sell and serve alcoholic beverages in closed containers in the private
rooms of registered guests; and
(B) A club may sell and serve alcoholic beverages in closed containers in any room or
area available only to members of the club or their guests.
(4)(A) Except as provided in subparagraph (B) of this paragraph, nothing in the license
classifications in this section shall be construed as prohibiting or restricting a
restaurant from offering entertainment or facilities for dancing, preventing or
restricting a tavern from offering entertainment, or preventing or restricting a nightclub
from offering food. A licensee who offers food, entertainment, or facilities for dancing
may advertise the food, entertainment, or facilities for dancing that are offered,
regardless of the kind of license held.
(B) No licensed establishment other than a nightclub or a legitimate theater may
provide entertainment by nude performers.
(b)(1) A restaurant license (R) shall be issued only for a restaurant.
(2)(A) The licensee shall file with the Board quarterly statements, on the dates and in
the manner prescribed by the Board, reporting for the preceding quarter: the gross
receipts for the establishment; its gross receipts for sales of alcoholic beverages; its
gross receipts for the sale of food; its total expenses for the purchase of food and
alcoholic beverages; its expenses for the purchase of food; and its expenses for the
purchase of alcoholic beverages.
(B) The Board shall make a licensee’s quarterly statements available for the
purpose of allowing a protestant of a license to determine the gross annual receipts of a
licensee.
(3) There shall be 2 classes of restaurant licenses:
(A) Class C/R (spirits, wine, and beer); and
(B) Class D/R (wine and beer).
(c)(1) A tavern license (T) shall be issued only for a tavern.
(2) The size of the dance floor in a tavern shall not exceed 140 square feet; provided,
that the licensee whose establishment on September 30, 1986 contained a regularly used
dance floor in excess of 140 square feet and who is occupying the same establishment shall
not be disqualified under this limitation.
(3) There shall be 2 classes of tavern licenses:
(A) Class C/T (spirits, wine, and beer); and
(B) Class D/T (beer and wine).
(d)(1) A nightclub license (N) shall be issued only for a nightclub.
(2) There shall be two classes of nightclub licenses:
(A) Class C/N (spirits, wine, and beer); and
(B) Class D/N (beer and wine).
(e)(1) A hotel license (H) shall be issued only for a hotel. Sales of food in a hotel
dining room shall account for at least 45% of gross annual receipts from the operation of
the dining room; provided, that in the case of a hotel that has 200 or fewer rooms and was
built before January 1, 1940, sales of food shall account for at least 25% of gross annual
receipts from the operation of the dining room.
(2) The license shall authorize the sale and service of alcoholic beverages for
consumption in the dining rooms, lounges, banquet halls, and other similar facilities on
the licensed premises, and in the private rooms of registered guests.
(3) The license shall not authorize the sale and service of alcoholic beverages for
consumption in a nightclub on the premises of the hotel. The licensee may also be issued a
nightclub license on the premises of the hotel.
(4)(A) The licensee shall file with the Board quarterly statements, on the dates and in
the manner prescribed by the Board, reporting for the preceding quarter: the gross
receipts for the establishment; its gross receipts for sales of alcoholic beverages; its
gross receipts for the sale of food; its total expenses for the purchase of food and
alcoholic beverages; its expenses for the purchase of food; and its expenses for the
purchase of alcoholic beverages.
(B) The Board shall make a licensee’s quarterly statements available for the purpose of
allowing a protestant to determine the gross annual receipts of a licensee.
(5) There shall be 2 classes of hotel licenses:
(A) Class C/H (spirits, beer, and wine); and
(B) Class D/H (beer and wine).
(f)(1) A club license shall be issued only for a club.
(2) No license shall be issued to a club which has not been incorporated for at least
one year immediately before the filing of an application for the license.
(3) The licensee may permit consumption of alcoholic beverages on the parts of the
licensed premises as may be approved by the Board.
(4) There shall be 2 classes of club licenses:
(A) Class C (spirits, beer, and wine); and
(B) Class D (beer and wine).
(g)(1) A multipurpose facility license shall be issued only for a legitimate theater or
a facility (such as the Washington Convention Center, the Lincoln Theatre, or the DC
Arena) for the performance of sports, cultural, or tourism-related activities.
(2) The licensee may permit consumption of alcoholic beverages on the parts of the
licensed premises as may be approved by the Board.
(3) There shall be 2 classes of multipurpose facility licenses:
(A) Class C (spirits, beer, and wine); and
(B) Class D (beer and wine).
(h)(1) A common carrier license shall be issued only for a passenger-carrying marine
vessel serving food or a railroad club or dining car.
(2) Any person operating a railroad in interstate commerce of 100 miles or more may be
issued a single license covering all of the railroad’s dining and club cars. The license
shall identify the railroad dining cars and club cars covered by the license and shall be
kept on display at the licensee’s principal place of business in the District.
(3) Any person operating a passenger-carrying marine vessel line in the District may be
issued a single license covering all of its passenger-carrying marine vessels serving food
and its dockside waiting areas for its passengers. The license shall identify the
passenger- carrying marine vessels and dockside waiting areas covered by the license and
shall be kept on display at the licensee’s principal place of business in the District.
The license issued shall not cover any permanently berthed vessel.
(4) There shall be 2 classes of common carrier licenses:
(A) Class C (spirits, beer, and wine); and
(B) Class D (beer and wine).
(i)(1) A caterer’s license shall be issued only to a caterer.
(2) Notwithstanding any provision of this title, a caterer’s license under this
subsection 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.
(3) A caterer’s license shall be valid for 2 years.
(4) A caterer licensed under this subsection shall file records with, and maintain
records for inspection by, the Board in such manner as the Board shall determine by
regulation promulgated under § 25-211(b); provided, that commercial or financial
information considered by the Board to be proprietary information or trade secrets, the
disclosure of which would result in harm to the competitive position of the licensee,
shall not be made available to the public.
(5) Wholesalers and off-premises retailers, class A, may sell alcoholic beverages to
caterers licensed under this subsection for catered events of 100 persons or less. Only
off- premises retailers, class A, may sell alcoholic beverages to caterers licensed under
this subsection for catered events in excess of 100 persons.
§ 25-114. Arena C/X license requirements and qualifications; special provisions for
on- premises retail licenses, class C, at DC Arena.
(a) A retailer’s license, class Arena C/X, shall be issued only for the DC Arena and
shall permit the storage and sale of spirits, wine, and beer for consumption on the
premises of the DC Arena. The license shall not permit the sale or dispensing of alcoholic
beverages in unbroken packages for the purpose of permitting the packages to be carried
off the premises.
(b)(1) Upon application by an applicant as set forth in Chapter 4, the Board shall
issue one or more retailer’s licenses, class Arena C/X, to the lessee under the Land
Disposition Lease.
(2) At the option of the lessee, the licenses may be issued to concessionaires and
tenants of the lessee, as may be requested from time to time by the lessee.
(3) Licenses may be canceled by the Board at the request of the RLA if the lessee
ceases to operate the DC Arena.
(4) If the lessee assigns its interest in the Land Disposition Lease, the Board shall,
at the request of the RLA, transfer the licenses to the lessee’s assignee, upon
application under Chapter 4 and approval by the Board.
(d) One or more retailer’s licenses, class Arena C/X, shall be issued either as the
license for all alcoholic beverage operations at the DC Arena or individually for
concession stands, portable bars, and other non-fixed locations, and suite and club suite
service.
(e) One or more on-premises retailer’s licenses, class C, may be issued to
concessionaires or tenants of the DC Arena for suitable locations within the DC Arena,
approved by the Board, where food and alcoholic beverages are served.
§ 25-115. Temporary license requirements and qualifications.
(a) A temporary license shall authorize the licensee temporarily to sell or permit the
consumption of alcoholic beverages at the specific premises described for consumption on
the premises where sold. The license may be issued for a banquet, picnic, bazaar, fair, or
similar public gathering where food is served for consumption on the premises. No
alcoholic beverages shall be sold or served to a customer in an unopened container.
(b) A temporary license may be issued for no more than 2 consecutive days.
(c) The issuance of a temporary license shall be solely in the discretion of the Board.
(d) If the applicant has failed to control the environment of a previous event
associated with a temporary license or has sustained community complaints or police
action, the Board may deny the license application.
(e) There shall be 2 classes of temporary licenses:
(1) Class F (beer and wine); and
(2) Class G (spirits, beer, and wine).
§ 25-116. Solicitor’s license requirements and qualifications.
A solicitor’s license shall authorize the licensee to sell any alcoholic beverage on
behalf of the vendor whose name appears upon the license and whom the solicitor
represents. A license shall be issued for only one vendor and a license shall be issued to
the solicitor for each vendor whom the solicitor represents.
§ 25-117. Brew pub permit requirements and qualifications.
(a) A brew pub permit shall authorize the licensee to brew malt beverages at one
location for consumption at a licensed restaurant or tavern and for sale to licensed
wholesalers for the purpose of resale to other licensees. The location used to brew malt
beverages shall be on or immediately adjacent to the restaurant or tavern licensed to the
brew pub owner in accordance with subsection (b) of this section.
(b) A brew pub permit shall be issued only to the licensee under an on-premises
restaurant or tavern retailer’s license, class C or D, or in conjunction with the issuance
of an on- premises restaurant or tavern retailer’s license, class C or D.
(c) A brew pub permit shall be void if:
(1) The restaurant or tavern ceases to be operated as a restaurant or tavern; or
(2) The licensee’s on-premises retailer license, class C or D, is revoked or cancelled.
(d) A brew pub permit shall be automatically suspended whenever and for the same period
of time that the licensee’s retailer’s license, class C or D, is suspended.
§ 25-118. Tasting permit requirements and qualifications.
(a) A tasting permit shall be issued only to a licensee under a retailer’s
license, class A, to utilize a portion of their licensed premises for the tasting of
products as listed in subsection (c) of this section.
(b) Containers of alcoholic beverages used for sampling purposes shall be labeled as
such and may not be sold.
(c) A licensee shall not provide to a customer, in one day, samples greater than the
following quantities:
(1) 3 ounces of spirits;
(2) 6 ounces of wines; and
(3) 12 ounces of beer.
§ 25-119. Importation permit requirements and qualifications.
(a) An importation permit shall authorize the licensee to import, transport, or cause
to be imported or transported, alcoholic beverages into the District. An importation
permit shall be issued to the licensee under a retailer’s license, class A, B, C, or D, if
the Board is satisfied that the alcoholic beverages bearing the same brand or trade name
are not obtainable by the licensee from a licensed manufacturer or wholesaler in the
District in sufficient quantity to reasonably satisfy the immediate needs of the licensee
and when the licensee has paid the appropriate taxes as imposed by Chapter 9.
(b) The permit shall specifically set forth the quantity, character, and brand or trade
name of the alcoholic beverage to be transported and the names and addresses of the seller
and the licensee.
(c) The permit shall accompany the alcoholic beverages during transportation in the
District to the licensed premises of the licensee and shall be exhibited upon the demand
of any police officer or duly authorized inspector of the Board.
(d) The permit shall, immediately upon receipt of the alcoholic beverages by the retail
licensee, be marked "canceled" by the licensee.
§ 25-120. Manager’s license requirements and qualifications
(a) A manager’s license shall authorize the licensee to manage a licensed business.
(b) A licensee may be employed by one or more licensed businesses without further
investigation, subject to compliance by the licensed businesses.
(c) A manager’s license shall be valid for 2 years or until surrendered, suspended, or
revoked. The license fee shall be paid as provided under Chapter 5.
(d) A manager shall complete an alcohol training and education certification program
conducted by a Board-approved provider. The manager shall be recertified every 2 years
from the date of the initial certification.
(e) A manager who is licensed on or before the effective date of the Title 25, D.C.
Code Enactment and Related Amendments Act of 2000, passed on 2nd reading on December 19,
2000 (Enrolled version of Bill 13-449), shall complete a certification program within 6
months of the effective date of such Act.
(f) A manager licensed under this section after the effective date of the Title 25,
D.C. Code Enactment and Related Amendments Act of 2000, passed on 2nd reading on December
19, 2000 (Enrolled version of Bill 13-449), shall complete the certification program
within 90 days after receiving his or her manager’s license.
(g) Subsection (e) of this section shall not apply to a manager licensed on or before
the effective date of the Title 25, D.C. Code Enactment and Related Amendments Act of
2000, passed on 2nd reading on December 19, 2000 (Enrolled version of Bill 13-449), who
provides proof of his or her prior certification within 2 years prior to the effective
date of such Act.
(h) A manager required to complete an alcohol training and education certification
program under this section shall submit proof of certification to the Board on a form
supplied by a Board-approved training provider.
§ 25-121. Alcohol training and education certification providers.
The Board shall approve providers of alcohol training and education certification
programs for the purposes of:
(1) The certification of managers licensed under § 25-120; and
(2) Providing alcohol training and education to a licensee as a result of an order of
the Board.
CHAPTER 2. ALCOHOLIC BEVERAGE REGULATION ADMINISTRATION.
Sec.
25-201. Establishment of the Alcoholic Beverage Control Board — appointment and
responsibilities.
25-202. Establishment of the Alcoholic Beverage Regulation Administration.
25-203. Transfer of functions of Alcoholic Beverage Control Division of the Department of
Consumer and Regulatory Affairs.
25-204. Board — functions and duties.
25-205. Board record-keeping responsibilities.
25-206. Board member qualifications; term of office; chairperson; conflict of interest.
25-207. ABRA Director and staff.
25-208. Office of the General Counsel.
25-209. Community resource officer.
25-210. ABRA funding.
25-211. Regulations.
§ 25-201. Establishment of the Alcoholic Beverage Control Board — appointment and
responsibilities.
(a) There is established an Alcoholic Beverage Control Board. The Board shall be
composed of 7 members. The Mayor, with the advice and consent of the Council and according
to the requirements set forth in § 25-206, shall nominate persons to serve on the Board.
A nomination shall be submitted to the Council for a 90-day period of review, excluding
days of Council recess. If the Council does not approve or disapprove the nomination by
resolution within this 90-day review period, the nomination shall be deemed approved.
(b) The Board shall administer and enforce the provisions of this title and regulations
issued under this title.
(c) The Board shall:
(1) Oversee ABRA;
(2) Receive and evaluate applications for licenses, transfers of licenses to new
owners, and renewals of licenses;
(3) Issue, transfer, and renew licenses to qualified applicants;
(4) Regularly conduct inspections of the premises and the books and records of all
licensees during day and evening hours and, on a reasonable number of occasions, without
prior notification to the licensee or the licensee’s employees, for compliance with the
requirements of this title and regulations issued under this title;
(5) Establish procedures to receive and respond timely to complaints from any person
alleging a violation of any provision of this title or regulations issued under this
title;
(6) Conduct investigations, on its own initiative or on the basis of valid complaints,
to identify violations of this title or regulations issued under this title;
(7) Suspend or revoke licenses and impose civil fines as authorized by this title and
regulations issued under this title; and
(8) Refer evidence of criminal misconduct to the Inspector General of the District of
Columbia, the Corporation Counsel, or the United States Attorney for the District, for
investigation and prosecution.
§ 25-202. Establishment of the Alcoholic Beverage Regulation Administration.
There is established an Alcoholic Beverage Regulation Administration ("ABRA")
as an independent agency of the District to provide professional, technical, and
administrative staff assistance to the Board in the performance of its functions. ABRA
shall carry out its functions under the supervision of the Board.
§ 25-203. Transfer of functions of Alcoholic Beverage Control Division of the
Department of Consumer and Regulatory Affairs.
All positions, property, records, and unexpended balances of appropriations,
allocations, assessments, and other funds available or to be made available to the
Alcoholic Beverage Control Division of the Department of Consumer and Regulatory Affairs
relating to the duties and functions assigned herein are transferred to ABRA.
§ 25-204. Board — functions and duties.
All duties and responsibilities in respect to the regulation of alcoholic beverage
control establishments that previously have been given to the Alcoholic Beverage Control
Division of the Department of Consumer and Regulatory Affairs, established by
Reorganization Plan No. 1 of 1983, shall be assumed by the Board.
§ 25-205. Board record-keeping responsibilities.
(a) The Board shall maintain complete and accurate records of all action taken on:
(1) Applications for licenses; and
(2) Recommendations for, and remonstrances against, the granting of licenses.
(b) The Board shall maintain the records in a manner readily accessible for inspection
by the public during normal business hours.
(c) The Board shall provide to the Director and the Council annual reports detailing
the activities of the Board for the previous year regarding the following items:
(1) Licenses, including the number of licenses outstanding; the number of new alcohol
licenses and permits issued; the number of alcohol licenses and permits renewed; the
number of licenses suspended; and the number of licenses revoked;
(2) Enforcement, including the number of regulatory inspections performed and the
number of investigations conducted;
(3) The workload of the Board, including the number of adjudicated cases processed; the
number of hearings conducted; and the number of show cause cases pending;
(4) Community notification efforts, including the number of ANC notifications issued;
the number of ANC meetings attended by Board members; and the number of community meetings
attended by Board members; and
(5) Revenue generated by Board actions, including revenue generated by the Board from
permits and licenses and from fines.
(d) The Board shall provide to each ANC office, on a quarterly basis, a list of
licenses due to expire in the areas that the ANC will represent during the ensuing 6
months.
§ 25-206. Board member qualifications; term of office; chairperson; conflict of
interest.
(a) Each member of the Board shall be a resident of the District for at least 3 years
immediately preceding his or her appointment and, during that period, have claimed a
principal residence nowhere else.
(b) No member of the Board shall hold any other full-time employment with the District
government during his or her term of service on the Board.
(c) Each member of the Board shall have a demonstrated record of substantial
involvement in issues related to the community impact of licensed establishments before
his or her appointment to the Board.
(d) All appointments shall be for a term of 4 years, except appointments made for the
remainder of unexpired terms. Vacancies caused by death, resignation, or otherwise shall
be filled by the Mayor, with the advice and consent of the Council, under § 25-201. The
Mayor may remove a board member for just and reasonable cause.
(e) Board members may be reappointed.
(f)(1) The Mayor, with the advice and consent of the Council as provided by § 25-201,
shall appoint one member of the Board as chairperson.
(2) The chairperson shall have a demonstrated knowledge of the laws and regulations
relating to the sale and delivery of alcoholic beverages in the District.
(g) No member or employee of the Board, directly or indirectly, individually, or as a
member of a partnership, association, or limited liability company, or a shareholder in a
corporation, shall have any interest in selling, transporting, or storing alcoholic
beverages, or receive a commission or profit from any person licensed under this title to
sell alcoholic beverages; provided, that a Board member or employee may purchase,
transport, or keep in his or her possession an alcoholic beverage for his or her personal
use or the use of the members of his or her family or guests.
(h) Former board members may not represent a client before the Board for a period of
one year following their service on the Board. Former board members may appear before the
Board as an applicant for licensure, a protestant, or a witness during a protest hearing
during this time period. This provision shall be applicable to future board members and
for board members who are serving on the Board on the effective date of the Title 25, D.C.
Code Enactment and Related Amendments Act of 2000, passed on 2nd reading on December 19,
2000 (Enrolled version of Bill 13-449).
§25-207. ABRA Director and staff.
(a) The Board, with the advice and consent of the Council, shall appoint a Director of
ABRA for a renewable 4-year term. The Director shall be removed by the Board for just and
reasonable cause.
(b) The Director shall organize the personnel and property transferred by § 25-203
and, within the limits provided in this chapter and annual appropriations, shall employ
staff as needed to carry out the function of ABRA.
§ 25-208. Office of the General Counsel.
There shall be established within ABRA an Office of the General Counsel. The head of
the office shall be the General Counsel, who shall be an attorney admitted to the practice
of law in the District and who shall be appointed by, and serve at the pleasure of, the
Mayor. The General Counsel shall advise the Board regarding all legal matters. The Office
of the General Counsel shall also be available to provide mediation services or a
professional mediator, as a delegate, if the parties to a settlement conference require or
request assistance.
§ 25-209. Community resource officer.
The Director shall appoint an employee to be a community resource officer, who shall
serve as the primary contact for members of the community, both residents and businesses,
wishing to submit complaints or to protest a license. The community resource officer shall
provide information to citizens and the business community about the license application
process, qualifications, complaint or protest process, and the citizen’s or businesses’
responsibilities and options in each step of the process.
§ 25-210. ABRA funding.
(a) There is established within the General Fund of the District of Columbia an account
designated as the Alcoholic Beverage Regulation Administration Account, to which all funds
obtained from alcoholic beverage taxes and licensing and permitting fees shall be
credited. Any monies deposited in the ABRA Account but not expended in a fiscal year shall
be returned to the General Fund. Subject to the applicable laws relating to the
appropriation of District funds, monies received and credited to the ABRA Account shall be
used to fund the expenses of ABRA in the discharge of its administrative and regulatory
duties. Funds obtained from penalties and fines, as prescribed by Chapter 8, shall be
credited to the General Fund.
(b) The Mayor shall submit to the Council, as part of the annual budget, a budget for
ABRA and a request for an appropriation for expenditures from the ABRA Account. This
estimate shall include expenditures for salaries, fringe benefits, overhead charges,
training, supplies, technical, professional, and any and all other services necessary to
discharge the duties and responsibilities of ABRA.
§ 25-211. Regulations.
(a)(1) Within 180 days after the effective date of the Title 25, D.C. Code Enactment
and Related Amendments Act of 2000, passed on 2nd reading on December 19, 2000 (Enrolled
version of Bill 13-449), the Mayor shall issue conforming regulations necessary or
appropriate to carry out the provisions of this title.
(2) The Mayor shall submit the proposed regulations to the Council for a 45-day period
of review. The Council may approve the proposed regulations in whole or in part. If the
Council has not approved the regulations upon expiration of the 45-day review period, the
regulations shall be deemed disapproved.
(3) The current regulations in Chapter 23 of the District of Columbia Municipal
Regulations shall remain in effect until the Council approves new regulations as provided
in this subsection.
(b)(1) The Mayor shall submit other proposed regulations to the Council for a 45-day
period of review.
(2) The Council may approve the proposed regulations in whole or in part. If the
Council has not approved the regulations upon expiration of the 45-day review period, the
regulations shall be deemed approved.
(3) The Mayor may submit proposed regulations under this subsection regarding the
regulation of promotional events such as pub crawls.
(c) The Mayor may in any time of public emergency, without previous notice or
advertisement, prohibit the sale of any or all alcoholic beverages.
(d)(1) Any regulations promulgated under this section shall become effective 5 days
after being published in the District of Columbia Register.
(2) Within 30 days after their promulgation, the regulations shall also be published in
a newspaper of general circulation in the District. Failure to do so shall not affect the
validity of the regulations.
(e) Within 180 days after the effective date of the Title 25, D.C. Code Enactment Act
of 2000, the Board shall implement a process to provide additional notification, via
electronic media, to the public and Advisory Neighborhood Commissions of the publication
of proposed and adopted regulations.
(f) The Board shall establish, under subsection (b) of this section, procedures to
implement § 25-601 to:
(1) Receive written complaints from the public, regarding community concerns about the
activity at a site;
(2) Conduct protest hearings regarding community concerns filed under paragraph (1) of
this subsection; and
(3) Place restrictions upon the number, nature, or size of events permitted at a site,
based on findings of fact and conclusions of law determining that events at the site have
violated District of Columbia law and created parking, trash, noise, congestion or other
alcohol- related problems which have been substantially injurious to neighborhood
residents.
CHAPTER 3. REQUIREMENTS TO QUALIFY FOR LICENSE.
Subchapter I. Applicant Qualifications.
Sec.
25-301. General qualifications for all applicants.
25-302. Special qualifications for wholesaler’s or retailer’s licenses.
25-303. Restrictions on holding a conflicting interest.
Subchapter II. Qualification of Establishment.
25-311. General provisions — qualification of establishment.
25-312. Defining size of areas relevant to determination of appropriateness.
25-313. Appropriateness standard.
25-314. Additional considerations for new license application or transfer of license to a
new location.
25-315. Additional considerations for renewal of licenses.
25-316. Additional considerations for transfer of licensed establishment to new owner.
25-317. Transfer of licensed establishment to new location.
Subchapter III. Denial of License.
25-331. Quotas — off-premises retail licenses.
25-332. Moratorium on class B licenses.
25-333. Limitation on the distance between off-premises retailer’s licenses.
25-334. Denial — Board-certified referendum.
25-335. Denial — public health and safety restrictions.
25-336. Retail license prohibited in residential-use district.
25-337. Wholesaler’s license prohibited in residential use district.
25-338. Limitation on successive applications after denial.
25-339. Special restrictions for the Georgetown historic district.
Subchapter IV. Board-created Moratoria.
25-351. Board-created moratoria.
25-352. Procedures to request a moratorium.
25-353. Notice requirements for moratorium proceedings.
25-354. Board review of moratorium request.
Subchapter V. Involuntary Transfer.
25-361. Involuntary transfer.
Subchapter I. Applicant Qualifications.
§ 25-301. General qualifications for all applicants.
Before issuing, transferring to a new owner, or renewing a license, the Board shall
determine that the applicant meets all of the following criteria:
(1) The applicant is of good character and generally fit for the responsibilities of
licensure.
(2) The applicant is at least 21 years of age.
(3) The applicant has not been convicted of any felony in the 10 years before filing
the application.
(4) The applicant has not been convicted of any misdemeanor bearing on fitness for
licensure in the 5 years before filing the application.
(5) Except in the case of an application for a solicitor’s license, the applicant is
the true and actual owner of the establishment for which the license is sought, and he or
she intends to carry on the business for himself or herself and not as the agent of any
other individual, partnership, association, limited liability company, or corporation not
identified in the application.
(6) The licensed establishment will be managed by the applicant in person or by a
Board-licensed manager.
(7) The applicant has complied with all the requirements of this title and regulations
issued under this title.
§ 25-302. Special qualifications for wholesaler’s or retailer’s licenses.
In the case of an application for a wholesaler’s license or for a retailer’s license of
any class, except a temporary license, before issuing, transferring to a new owner, or
renewing a license, the Board shall further determine that:
(1) No manufacturer, wholesaler, or shareholder holding 25% or more of the common stock
of, or equity interest in, a manufacturer or wholesaler, or officer of a manufacturer or
wholesaler corporation, or partner or member of a partnership or limited liability company
owning 25% or more of its equity interest, has such a substantial interest, direct or
indirect, in the applicant’s business or establishment that the applicant would be
influenced to purchase alcoholic beverages from the manufacturer or wholesaler; and
(2) The business for which the license is sought has not been, and will not be,
conducted with money, equipment, furniture, fixtures, or property (A) rented from, (B)
loaned from, (C) given by, or (D) sold for less than fair market value, upon a conditional
sale agreement, or a chattel trust from, a manufacturer, wholesaler, shareholder holding
25% or more of the common stock of, or equity interest in, a manufacturer or wholesaler,
or officer of a manufacturer or wholesaler corporation, or partner or member of a
partnership or limited liability company owning 25% or more of its equity interest.
§ 25-303. Restrictions on holding a conflicting interest.
(a) Before issuing, transferring to a new owner, or renewing a license, the Board shall
determine that the applicant is not disqualified because of a conflicting interest in
another license, as follows:
(1) No licensee under a manufacturer’s or wholesaler’s license shall hold a license of
any other class or kind.
(2) No licensee under an on-premises retailer’s license, class C or D, shall hold any
other license except an on-premises retailer’s license, class C or D, or a caterer’s
license.
(3) No licensee under an off-premises retailer’s license, class A or B, shall hold an
interest in any other license.
(b) The Board shall not reject, solely on the basis of this section, the application of
a franchisee who controls, or will control, the entire interest in the receipts, profits,
inventory, purchases, pricing, and sales of beverages under the license, if the franchisee
held a license, or had an application for a license pending, on June 22, 1982.
(c) The requirements of this section shall not apply to an applicant for an
off-premises retailer’s license, class B, for the sale of alcoholic beverages in an
establishment if:
(1) The primary business and purpose is the sale of a full range of fresh, canned, and
frozen food items, and the sale of alcoholic beverages is incidental to the primary
purpose;
(2) The sale of alcoholic beverages constitutes no more than 15% of the total volume of
gross receipts on an annual basis;
(3) The establishment is located in a C-1, C-2, C-3, C-4, or C-5 zone;
(4) The establishment is a full service grocery store which is newly constructed with a
certificate of occupancy issued after January 1, 2000, or is an existing store which has
undergone renovations in excess of $500,000 in the calendar year in which an application
is made; and
(5) The opinion of the ANC in which the establishment is located has been given great
weight as specified in Chapter 4.
Subchapter II. Qualification of Establishment.
§ 25-311. General provisions — qualification of establishment.
(a) Unless expressly stated otherwise in this chapter, the applicant shall bear the
burden of proving to the satisfaction of the Board that the establishment for which the
license is sought is appropriate for the locality, section, or portion of the District
where it is to be located; provided, that if proper notice has been given under Subchapter
II of Chapter 4, and no objection to the appropriateness of the establishment is filed
with the Board, the establishment shall be presumed to be appropriate for the locality,
section, or portion of the District where it is located.
(b) Before evaluating the appropriateness of the establishment for which the license is
sought, the Board shall ensure that the applicant has complied fully with the notification
requirements set forth in § 25-422.
(c) No license, except a solicitor’s license or a temporary license, shall be issued to
an applicant unless the applicant has a valid certificate of occupancy for the premises in
which the establishment is located and has all other licenses and permits required by law
or regulation for its business.
§ 25-312. Defining size of areas relevant to determination of appropriateness.
(a) The Board shall determine, on a case-by-case basis, whether the locality, section,
or portion proposed by the applicant is a competent measure for determining the
appropriateness of the establishment and, if not, shall identify the proper boundaries of
the locality, section, or portion for evaluating the application. In making this
determination, the Board shall consider the overall characteristics of the area, including
population, density, and general commercial and residential activities.
(b) In establishing any geographic boundaries required by this title, the Board shall
measure the specified distance in an arc from each corner of the lot or parcel on which
the establishment is located, connecting the arcs by tangent lines.
(c) If the Board is required to state 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 and shall
be the shortest distance between the property lines of the places.
(d) 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.
(e) In submitting evidence of appropriateness, the applicant shall propose the
boundaries of the locality, section, or portion to be considered.
(f) Any person may submit written objections to the boundaries proposed by the
applicant or a written proposal listing alternative boundaries for consideration by the
Board.
§ 25-313. Appropriateness standard.
(a) To qualify for issuance, renewal of a license, new owner license renewal, or an
application for the approval of a substantial change in operation as determined by the
Board under § 25-404, an applicant shall demonstrate to the satisfaction of the Board
that the establishment is appropriate for the locality, section, or portion of the
District where it is to be located.
(b) In determining the appropriateness of an establishment, the Board shall consider
all relevant evidence of record, including:
(1) The effect of the establishment on real property values;
(2) The effect of the establishment on peace, order, and quiet, including the noise and
litter provisions set forth in §§ 25-725 and 25-726;
(3) The effect of the establishment upon residential parking needs and vehicular and
pedestrian safety; and
(4) In the case of a license renewal, the provisions of this subsection and § 25- 315.
(c) The requirements of this section shall not apply to applicants for a solicitor’s
license or a temporary license.
(d) No license shall be issued for an outlet, property, establishment, or business
which sells motor vehicle gasoline or which holds a Motor Vehicle Sales, Service, and
Repair endorsement under § 47-2851.3(c)(9) or an Environmental Materials endorsement
under § 47- 2851.3(c)(4) to its master business license.
§ 25-314. Additional considerations for new license application or transfer of a
license to a new location.
(a) In determining the appropriateness of an establishment for initial issuance of a
license or a transfer of a license to a new location, the Board shall also consider the
following:
(1) The proximity of the establishment to schools, recreation centers, day care
centers, public libraries, or other similar facilities;
(2) The effect of the establishment on the operation and clientele of schools,
recreation centers, day care centers, public libraries, or other similar facilities; and
(3) Whether school-age children using facilities in proximity to the establishment will
be unduly attracted to the establishment while present at, or going to or from, the
school, recreation center, day care center, public library, or similar facility at issue.
(4) Whether issuance of the license would create or contribute to an overconcentration
of licensed establishments which is likely to affect adversely the locality, section, or
portion in which the establishment is located.
(b)(1) No license shall be issued for any establishment within 400 feet of a public,
private, or parochial primary, elementary, or high school; college or university; or
recreation area operated by the D.C. Department of Recreation.
(2) The 400-foot restriction shall not apply to hotel licenses, club licenses, or
temporary licenses.
(3) The 400-foot restriction shall not apply if there exists within 400 feet a
currently-functioning establishment holding a license of the same class at the time that
the new application is submitted.
(c) In the case of applications for nightclub or tavern licenses, the Board shall
consider whether the proximity of the establishment to a residence district, as identified
in the zoning regulations of the District and shown in the official atlases of the Zoning
Commission for the District, would generate a substantial adverse impact on the residents
of the District.
§ 25-315. Additional considerations for renewal of licenses.
(a) If proper notice has been given, as provided in Subchapter II of Chapter 4, and no
objection to the appropriateness of the establishment is filed, the establishment shall be
presumed to be appropriate for the locality, section, or portion of the District where it
is located.
(b)(1) The Board shall consider the licensee’s record of compliance with this title and
the regulations promulgated under this title and any conditions placed on the license
during the period of licensure, including the terms of a voluntary agreement.
(2) The Board shall prepare a check sheet documenting the licensee’s compliance. This
check sheet shall be available to the public for review.
(c) If an application for license renewal is made the subject of contested proceedings
and the license expires before the Board’s decision on the renewal application, the Board
may extend the expiration date during the pendency of the decision on the renewal
application.
§ 25-316. Additional considerations for transfer of licensed establishment to new
owner.
(a) In determining the appropriateness of the transfer of a licensed establishment to a
new owner, the Board shall consider only the applicant’s qualifications as set forth in §
25-301.
(b) The Board shall not allow the transfer of the license of an establishment to a
person against whom there is pending in the courts or before the Board a charge of keeping
a disorderly house or of violating this title or the laws against gambling in the
District.
(c) When the transferred license comes due for renewal, the Board shall evaluate the
appropriateness of the application for renewal according to the standards set forth in
§§ 25-313 and 25-315.
(d) If the transfer of ownership, as defined in § 25-405, includes a proposed
substantial change in the operation of the establishment, the Board shall evaluate this
transfer of ownership in accordance with § 25-404.
§ 25-317. Transfer of licensed establishment to new location.
The Board shall consider an application to transfer a license to a new location
according to the same standards and procedures as an application for an initial license
and shall not presume appropriateness if a protest to the application is filed as set
forth in Chapter 6.
Subchapter III. Denial of License.
§ 25-331. Quotas — off-premises retail licenses.
(a) The number of off-premises retailer’s licenses, class A, shall be no more than 250.
(b) The number of off-premises retailer’s licenses, class B, shall be no more than 300.
(c) The quotas set forth in this section shall have a prospective effect.
(d) The quotas set forth in subsection (b) of this section shall not prohibit the
issuance of a license for an off-premises retailer’s license, Class B, for the sale of
alcoholic beverages in an establishment if:
(1) The primary business and purpose is the sale of a full range of fresh, canned, and
frozen food items, and the sale of alcoholic beverages is incidental to the primary
purpose;
(2) The sale of alcoholic beverages constitutes no more than 15% of the total volume of
gross receipts on an annual basis;
(3) The establishment is located in a C-1, C-2, C-3, C-4, or C-5 zone;
(4) The establishment is a full service grocery store which is newly constructed with a
certificate of occupancy issued after January 1, 2000, or is an existing store which has
undergone renovations in excess of $500,000 in the calendar year in which an application
is made; and
(5) The opinion of the ANC in which the establishment is located has been given great
weight as specified in Chapter 4.
§ 25-332. Moratorium on class B licenses.
(a) No new off-premises retailer’s license, class B, shall be issued.
(b) The moratorium shall have a prospective effect.
(c) This moratorium shall not apply to an applicant for an off-premises retailer’s
license, class B, for the sale of alcoholic beverages in an establishment if:
(1) The primary business and purpose is the sale of a full range of fresh, canned, and
frozen food items, and the sale of alcoholic beverages is incidental to the primary
purpose;
(2) The sale of alcoholic beverages constitutes no more than 15% of the total volume of
gross receipts on an annual basis;
(3) The establishment is located in a C-1, C-2, C-3, C-4, or C-5 zone;
(4) The establishment is a full service grocery store which is newly constructed with a
certificate of occupancy issued after January 1, 2000, or is an existing store which has
undergone renovations in excess of $500,000 in the calendar year in which an application
is made; and
(5) The opinion of the ANC in which the establishment is located has been given great
weight as specified in Chapter 4.
(d) An exception to the moratorium shall be granted for 4 new class B licenses on
Connecticut Avenue, N.W., between N Street and Florida Avenue, N.W., after October 22,
1999; provided, that no licensee shall devote more than 3,000 square feet to the sale of
alcoholic beverages.
§ 25-333. Limitation on the distance between off-premises retailer’s licenses.
(a) No new off-premises retailers license, class A, shall be issued for an
establishment which is located within 400 feet from another establishment operating under
an off-premises retailer’s license, class A.
(b) No new off-premises retailers license, class B, shall be issued for an
establishment which is located within 400 feet from another establishment operating under
an off-premises retailer’s license, class B.
(c) This section shall not prohibit the issuance of a license for an off-premises
retailer’s license, Class B, for the sale of alcoholic beverages in an establishment if:
(1) The primary business and purpose is the sale of a full range of fresh, canned, and
frozen food items, and the sale of alcoholic beverages is incidental to the primary
purpose;
(2) The sale of alcoholic beverages constitutes no more than 15% of the total volume of
gross receipts on an annual basis;
(3) The establishment is located in a C-1, C-2, C-3, C-4, or C-5 zone;
(4) The establishment is a full service grocery store which is newly constructed with a
certificate of occupancy issued after January 1, 2000, or is an existing store which has
undergone renovations in excess of $500,000 in the calendar year in which an application
is made;
(5) The opinion of the ANC in which the establishment is located has been given great
weight as specified in Chapter 4.
§ 25-334. Denial — Board-certified referendum.
If a Board-certified referendum, as conducted under Chapter 6, demonstrates that a
majority of the eligible registered voters object to the granting of the license sought,
the Board shall deny the license.
§ 25-335. Denial — public health and safety restrictions.
Notwithstanding any other provision of this title, the Board shall deny a license if
the evidence reasonably shows that:
(1) The establishment for which the license is sought is in violation of one or more of
the Construction Codes for the District contained in Title 12 of the District of Columbia
Municipal Regulations, or any other law or rule of the District intended to protect public
safety; or
(2) The applicant has knowingly permitted, at the place for which the license is
sought, the illegal sale, or negotiations for sale, or the use, of any controlled
substance in violation of the CSA, or the possession or sale, or negotiations for sale, of
drug paraphernalia in violation of the CSA, or Chapter 6 of Title 33. Successive sales, or
negotiations for sale, over a continuous period of time constituting a recognizable
pattern of activity shall be deemed evidence of knowing permission.
§ 25-336. Retail license prohibited in residential-use district.
(a) No retailer’s license shall be issued for, or transferred to, a business operated
in a residential-use district as defined in the zoning regulations and shown in the
official atlases of the Zoning Commission for the District, except for a restaurant or
tavern operated in a hotel or apartment house, if the entrance to the restaurant or tavern
is entirely inside the hotel or apartment house and no sign or display is visible from the
outside of the building.
(b) A nightclub license may be issued on the premises of a hotel that was legally
located in a residential-use district and was operating a nightclub on the licensed
premises on September 30, 1986.
(c) Subsection (a) of this section shall not apply if, at the time the application for
a new license is submitted to the Board, a license of the same type and class is operating
an establishment within 400 feet of the applicant.
(d) The provisions of this section shall not apply to:
(1) A restaurant which has received a valid certificate of occupancy as of January 1,
2000 for a restaurant operation in a residential-use district; or
(2) A club which is operated under a license issued by the Board as of January 1, 2000
for operation in a residential-use district.
§ 25-337. Wholesaler’s license prohibited in residential use district.
No wholesaler’s license shall be issued for an establishment in a residential-use
district as defined in the zoning regulations and shown in the official atlases of the
Zoning Commission for the District.
§ 25-338. Limitation on successive applications after denial.
(a) A second and each subsequent application for the same class of license for the same
person or persons shall not be considered within 5 years of a denial.
(b) If an application is withdrawn for good cause, as determined by the Board, before
the timely filing of a protest, or if the first application was denied for purely
technical or procedural reasons, as determined by the Board, another application by the
same applicant for a license of the same class at the same premises may be made at any
time.
§ 25-339. Special restrictions for the Georgetown historic district.
(a) The number of nightclub or tavern license holders, class C or D, within the
Georgetown historic district shall not exceed 6. No new nightclub or tavern license shall
be issued, and no existing nightclub or tavern license shall be transferred, to any other
person or to any other location within the Georgetown historic district, except when the
number of such licensed establishments in the Georgetown historic district is less than 6.
(b) A licensee of a nightclub license, or a tavern license, class C, within the
Georgetown historic district as of May 24, 1994, may apply for a conversion to a
restaurant license, class C or D, for its present location, present owner, and for the
duration of its present license. The application shall not require a public hearing or the
assessment of fees.
Subchapter IV. Board-created Moratoria.
§ 25-351. Board-created moratoria.
(a) If the Board reasonably determines that it is in the public interest to do so based
on the appropriateness standard set forth in Subchapter II of this Chapter, the Board may,
by rule, (1) limit the number of licenses of any class to be issued; (2) declare a
moratorium on the issuance of licenses of any class, or the issuance of amended licenses
that constitute a substantial change, in any locality, section, or portion of the
District, or (3) declare a moratorium in any locality, section, or portion of the District
to limit the sale of products by licensees under off-premises retailer classes A and B.
(b) Any group with standing under § 25-601 may request the Board to issue regulations
establishing the limit or declaring the moratorium. A moratorium issued by the Board under
subsection (a)(1) or (a)(2) of this section shall have a prospective effect and shall not
apply to existing licenses.
(c) A moratorium on the issuance of an amended license that constitutes a substantial
change, in accordance with § 25-762, shall only be allowed in those geographical areas
for which a limit or moratorium on the number of licenses in any class is in effect and
shall apply to any application filed after the effective date of the Title 25, D.C. Code
Enactment and Related Amendments Act of 2000, passed on 2nd reading on December 19, 2000
(Enrolled version of Bill 13-449), for an amended license that would constitute a
substantial change.
(d) No licensee or agent of any licensee shall be entitled to make a request under
subsection (b) of this section.
(e) A moratorium shall be effective for 5 years from the date of final rulemaking, or
for a lesser period as determined by the Board.
(f) If the Board acts on a moratorium request, a moratorium request for the same area,
or an area covering substantially the same area, shall not be considered for 2 years from
the date of the Board’s action.
§ 25-352. Procedures to request a moratorium.
(a) The moratorium request shall be made to the Board in writing, stating:
(1) The name and address of the individual, group, or business entity seeking the
moratorium;
(2) The area of the District to be covered by the moratorium;
(3) The class or classes of licenses to be covered by the moratorium; and
(4) A detailed statement of the reasons that the moratorium is appropriate under at
least 2 of the appropriateness standards set forth in Subchapter II of this Chapter.
(b) For the purposes of subsection (a)(2) of this section, the individual, group, or
business entity seeking the moratorium shall identify one licensed establishment. The area
to be covered by the moratorium shall be measured from the property lines of that
establishment. The entire area to be covered under a moratorium shall be either a
locality, section, or portion.
(c) For the purposes of subsection (a)(3) of this section, a moratorium may be sought
for a single class of license or for any combination of the classes of licenses.
(d) No moratorium request shall be considered by the Board unless all of the
requirements of subsection (a) of this section have been met and the following conditions
are satisfied:
(1) If the requested moratorium area is a locality, there shall exist in that area at
least 3 licensed establishments of the same class or 6 licensed establishments of any
class or combination of classes;
(2) If the requested moratorium area is a section, there shall exist in that area at
least 6 establishments of the same class or 12 establishments of any class or combination
of classes; and
(3) If the requested moratorium area is a portion, there shall exist in that area at
least 9 establishments of the same class or 18 establishments of any class or combination
of classes.
§ 25-353. Notice requirements for moratorium proceedings.
If a moratorium request meets all of the requirements set forth in § 25-352, the Board
shall provide notice to the public according to the same procedures as required by §§
25-421 and 25-422; provided, that, for the purposes of this section, the responsibilities
of the applicant prescribed in § 25-422 shall be assumed by the Board.
§ 25-354. Board review of moratorium request.
(a) The Board shall hold a public hearing to review a proposed moratorium. The public
hearing shall be in the nature of a rulemaking hearing under § 1-1506 and not in the
nature of a contested case under § 1-1509.
(b) At the public hearing, any interested person may appear to give oral or written
testimony in support of, or in opposition to, the moratorium request.
(c) In addition to receiving testimony from the public, the Board shall request formal
comments from the following persons or agencies:
(1) The Councilmembers within whose wards the requested moratorium area is located;
(2) The ANCs within whose areas the requested moratorium area is located;
(3) The Assistant City Administrator for Economic Development, or his or her designee;
(4) The Office of Planning, or its successor agency; and
(5) The District Commander of the Metropolitan Police Department in which the requested
moratorium zone is located.
(d) In deciding on a moratorium request, the Board shall consider the extent to which
the testimony and comments show that the requested moratorium is appropriate under at
least 2 of the appropriateness standards set forth in Subchapter II of this Chapter.
(e) The Board may grant the moratorium request in one or more of the following ways:
(1) In whole or in part;
(2) By enlarging or decreasing the moratorium area; or
(3) By limiting the moratorium to no more than one class of license.
(f) The Board may deny the moratorium request in its entirety.
(g) The decision of the Board shall be final and shall be issued in writing, including
each member’s vote.
Subchapter V. Involuntary Transfer.
§ 25-361. Involuntary transfer.
(a) The Board may transfer a license upon the request of a bona fide purchaser of the
license who made the purchase at any of the following:
(1) A marshal’s sale;
(2) A trustee’s sale under foreclosure of a chattel deed of trust;
(3) A trustee’s or receiver’s sale in bankruptcy proceedings;
(4) Any other sale conducted upon the order of a court of competent jurisdiction;
(5) A sale under Article 9 of the Uniform Commercial Code;
(6) Upon the death of an individual who is a licensee or who has a stock ownership or
partnership interest of 50% or more in the licensed business; or
(7) A tax sale under Chapter 13 or 13A of Title 47.
(b) Except as provided in this section, transfers made under this section may, because
of their involuntary nature, be approved by the Board without an initial inquiry, as
required by §§ 25-311 through 25-314, as to the appropriateness of the establishment,
and without the notice provisions contained in Subchapter II of Chapter 4.
(c) Bona fide purchasers whose transfers are approved under this section shall, at the
time for renewal of the license, meet all of the requirements of § 25-313 regarding the
appropriateness of the establishment and shall at that time have notice of their renewal
application given under Subchapter II of Chapter 4.
(d) Bona fide purchasers shall, before an approval of the transfer, submit to the Board
an affidavit stating that no change which could be considered a substantial change to the
business under § 25-762 will occur before the expiration of the license period during
which the transfer takes place.
(e) If a change which could be considered a substantial change will occur before the
expiration of the license period, the transfer application shall be considered under §§
25-404 and 25-762.
CHAPTER 4. APPLICATION AND REVIEW PROCESSES.
Subchapter I. Application Requirements.
Sec.
25-401. Form of application.
25-402. New license application for manufacturer, wholesaler, or retailer.
25-403. License renewal application for manufacturer, wholesaler, or retailer.
25-404. Application for approval of substantial change in operation.
25-405. Application for transfer to new owner.
25-406. Application for a solicitor’s license.
25-407. Application for brew pub permit.
25-408. Application for a tasting permit for a class A licensee.
25-409. Application for importation permit.
25-410. Application for manager’s license.
Subchapter II. Notice of Application Proceedings.
25-421. Notice by Board.
25-422. Notice by applicant.
25-423. Posted notice required after submission of application and for the duration of the
protest period.
Subchapter III. Review of License Applications.
25-431. Review procedures — general provisions.
25-432. Standard review procedures.
25-433. Decisions of the board; petition for reconsideration.
25-434. Influencing the application process.
Subchapter IV. Review and Resolution Procedures.
25-441. Hearings — continuances.
25-442. Hearings — witnesses.
25-443. Subpoena of witnesses.
25-444. Protest hearings; parties identified.
25-445. Settlement conference.
25-446. Voluntary agreements; approval process; show cause hearing for violation.
25-447. Show cause hearing.
Subchapter I. Application Requirements.
§ 25-401. Form of application.
(a) A person applying for issuance, transfer to a new owner, or renewal of a license,
or for approval of substantial changes in operation or change in license class, shall file
with the Board an application in the form prescribed by the Board. The application shall
contain the information set forth in this chapter and any additional information that the
Board may require.
(b) A separate application shall be filed for each establishment for which a license is
sought; provided, that a railroad company may file one application for all of its dining
cars and club cars and a passenger-carrying marine vessel line may file one application
for all of its passenger-carrying marine vessels and dockside waiting areas.
(c) An individual applicant, all of the general partners of an applicant partnership,
all of the members of a limited liability company, or the president or vice-president of
an applicant corporation shall sign a notarized statement certifying that the application
is complete and accurate. Any person who knowingly makes a false statement on an
application, or in any accompanying statement under oath that the Mayor or the Board may
require, shall be guilty of the offense of making false statements. The making of a false
statement, whether made with or without the knowledge or consent of the applicant, shall,
in the discretion of the Board, constitute sufficient cause for denial of the application
or revocation of the license.
§ 25-402. New license application for manufacturer, wholesaler, or retailer.
(a) The application of a person applying for a manufacturer’s, wholesaler’s, or
retailer’s license shall include:
(1) In the case of an individual applicant, the trade name of the business, if
applicable, and the name and address of the individual; in the case of a partnership or
limited liability company applicant, the trade name of the business, if applicable, and
the names and addresses of each member of the partnership or limited liability company;
and in the case of a corporate applicant, the legal name, trade name, place of
incorporation, principal place of business, and the names and addresses of each of the
corporation’s principal officers, directors, and shareholders holding 25% or more of its
common stock;
(2) The name and address of the owner of the establishment for which the license is
sought and the premises where it is located; provided, that this requirement shall not
apply to applicants for a solicitor’s license;
(3) The class of license sought;
(4) The proximity of the establishment to the nearest public or private, elementary,
middle, charter, junior high, or high school, and the name of the school;
(6) The size and design of the establishment for which the license is sought;
(7) A detailed description of the nature of the proposed operation, including the
following:
(A) The type of food to be offered, if any;
(B) The type of entertainment to be offered, if any;
(C) The goods and services to be offered for sale, in addition to alcoholic beverages,
if any;
(D) The hours during which the establishment plans to sell alcoholic beverages;
(E) If different from those stated in subparagraph (D) of this paragraph, the hours
during which the establishment plans to remain open for the sale of goods or services
other than alcoholic beverages and a description of the provisions planned for the storage
of the alcoholic beverages, as required under § 25-754, during hours when the sale of
alcoholic beverages is prohibited;
(8) An affidavit that complies with § 47-2863(b);
(9) Documents or other written statements or evidence establishing to the satisfaction
of the Board that the person applying for the license meets all of the qualifications set
forth in § 25-301; and
(10) Written statements or evidence establishing to the satisfaction of the Board that
the applicant has complied with the requirements of § 25-423.
(b) The applicant for a restaurant or hotel license shall attest that it will receive
at least 45% of its gross annual receipts from the sale of food during each year of the
license period.
(c) The Board shall establish application procedures for the issuance of a
caterer’s license under § 25-211(b).
§ 25-403. License renewal application for manufacturer, wholesaler, or retailer.
(a) An applicant for license renewal shall verify, by affidavit, the accuracy of its
application, including all documents and submissions constituting a part of the
application for its initial license or, if appropriate, at the time of a Board-approved
substantial change in operation.
(b) In the case of an application for renewal of a restaurant or hotel license, the
applicant shall present evidence establishing that the sale of food accounted for at least
45% of gross annual receipts from the operation of the restaurant or of the dining room of
the hotel during the current license period.
(c) The applicant shall submit documents or other written evidence establishing to the
satisfaction of the Board that the applicant has complied with the requirements of §
25-423.
(d) The Board shall establish application procedures for the renewal of a
caterer’s license under § 25-211(b).
§ 25-404. Application for approval of substantial change in operation.
(a) Before making a substantial change in the nature of the operation of the licensed
establishment, an applicant shall file with the Board an amendment to its application or
last application, providing the information required on an application under § 25-402(a).
(b)(1) If the Board determines that the proposed change to the nature of the operation
is substantial:
(A) It shall provide notice of the licensee’s amended filing to the same persons and in
the same manner required for license renewal applications in Subchapter II of this
Chapter; and
(B) The applicant requesting approval of a substantial change shall demonstrate
appropriateness as set forth in §§ 25-313 and 25-314.
(2) There shall be no presumption of appropriateness with respect to substantial change
applications. If the applicant fails to demonstrate that the proposed change in the nature
of operation is appropriate for the locality, section, or portion of the District where
the establishment is located, the Board shall disapprove the proposed change.
(3) In determining whether the proposed changes are substantial, the Board shall
consider whether they are potentially of concern to the residents or businesses
surrounding the establishment.
(c) If proper notice has been given as provided under Subchapter II of this Chapter,
and no objection to the appropriateness of the proposed substantial change in the nature
of the operation of the establishment is filed with the Board during the protest period,
the proposed change shall be presumed appropriate for the locality, section, or portion of
the District where it is located.
§ 25-405. Application for transfer to new owner.
(a) A voluntary transaction which results in (1) the transfer to an individual of 50%
or more of the legal or beneficial ownership of (A) the licensed establishment, or (B) the
entity owning or controlling the licensed establishment, or (2) a change in stock
ownership or partnership interest of 50 % or more, within any 12 month period, shall
require application for transfer of the license to new owners from the Board.
(b) An application to transfer a license to a new owner shall be filed by the
transferee and approved by the Board before the consummation of the transfer.
(c) An applicant requesting the transfer of a license to a new owner shall submit
documents and other written statements and evidence requesting written approval of the
transfer and establishing to the satisfaction of the Board that the new owner meets all of
the qualifications set forth in § 25-301.
(d) The current licensee shall submit an affidavit which complies with § 47-2863(b).
(e) If the Board finds that the licensee is in violation of this title or regulations
promulgated under this title, the Board shall deny the application for transfer.
§ 25-406. Application for a solicitor’s license.
The application for the issuance or renewal of a solicitor’s license shall include:
(1) The full name and home address of the applicant, if an individual;
(2) The business name and address of the applicant;
(3) The name, business address, and business telephone number for the vendor that the
applicant represents; and
(4) Written statements and evidence establishing to the satisfaction of the Board that
the applicant meets all of the qualifications set forth in § 25-301.
§ 25-407. Application for brew pub permit.
The application for issuance or renewal of a brew pub permit shall include:
(1) A copy of the applicant’s restaurant or tavern license, or a copy of the pending
application for a license; and
(2) A map showing the relation of the restaurant or tavern to the premises to be used
to brew malt beverages.
§ 25-408. Application for a tasting permit for a class A licensee.
The application for issuance or renewal of a tasting permit for off-premises retailer’s
license, class A, shall include:
(1) A copy of the applicant’s off-premises’s retailers license, class A;
(2) Drawings of the premises indicating the areas where sampling is to occur; and
(3) The hours and days during which the tasting is to occur.
§ 25-409. Application for importation permit.
The application for issuance or renewal of a importation permit shall include:
(1) The quantity, character, and brand or trade name of the alcoholic beverage to be
transported; and
(2) The name and address of the retailer.
§ 25-410. Application for manager’s license.
The application for a manager’s license shall include:
(1) Certification that he or she has obtained and read a copy of this title; and
(2) Written statements or evidence establishing to the satisfaction of the Board that
the applicant meets all of the qualifications set forth in § 25-301.
Subchapter II. Notice of Application Proceedings.
§ 25-421. Notice by Board.
(a) Upon the receipt of an application for the issuance or renewal, for a substantial
change in operation as determined by the Board under § 25-404, or for the transfer of a
license to a new location, of a retailer’s license, the Board shall give notice of
the application to the following parties:
(1) The Council;
(2) The Board of Education;
(3) The member of the Board of Education in whose district the establishment is or will
be located; and
(4) The ANC representing the area in which the establishment is or will be located.
(b) The notice shall contain the legal name and trade name of the applicant, the street
address of the establishment for which the license is sought, the class of license sought,
and a description of the nature of the operation the applicant has proposed or the
proposed change in operation. The description shall include the hours of sales or service
of alcoholic beverages.
(c) The notice to the Board of Education shall state the proximity of the establishment
to the nearest public school of the District and the name of the nearest public school.
(d) The notice shall state that persons objecting to approval of the application are
entitled to be heard before the granting of the license, and shall inform the recipient of
the final day of the protest period and the date, time, and place of the administrative
review in accordance with Subchapter III of this Chapter.
(e) The Board shall give notice to the ANC by first-class mail, postmarked not more
than 7 days after the date of submission, and addressed to the following persons:
(1) The ANC office, with a copy for each ANC member;
(2) The ANC chairperson, at his or her home address of record; and
(3) The ANC member in whose single-member district the establishment is or will be
located, at his or her home address of record.
(f) The Board shall publish the notices required under this section in the District of
Columbia Register.
(g) Within 180 days after the effective date of the Title 25, D.C. Code Enactment and
Related Amendments Act of 2000, passed on 2nd reading on December 19, 2000 (Enrolled
version of Bill 13-449), the Board shall implement a procedure by which it will provide
additional notification, via electronic media, to the public and ANCs, of these
notification requirements, and the publication of proposed and adopted regulations.
§ 25-422. Notice by applicant.
For applications described in § 25-421(a), the applicant shall give notice by an
advertisement published once during the first 7 days of the protest period following the
submission of the application in a daily newspaper of general circulation published
in the District. The text of this advertisement shall be approved by ABRA and shall
contain the same information required by § 25-421(b), the final day of the protest
period, and the date, time, and place of the administrative review. The applicant shall
submit a copy of the notice and receipt from the newspaper showing the date on which the
notice appeared to the Board within 7 days of the publication of the notice.
§ 25-423. Posted notice required after submission of application and for the duration
of the protest period.
(a) The applicant shall post 2 notices, furnished by ABRA, of the application in
conspicuous places on the outside of the establishment for the duration of the protest
period.
(b) The notices shall state:
(1) The information required by § 25-421(b);
(2) The final day of the protest period;
(3) The date, time, and place of the administrative review; and
(4) The telephone number and mailing address of ABRA.
(c) Any person wilfully removing, obliterating, or defacing the notices shall be guilty
of a violation of this chapter.
(d) An applicant who fails to maintain the posted notices continuously during the
protest period shall be guilty of a violation of this chapter.
(e) If the Board determines that the notices posted at an applicant’s establishment
have not remained visible to the public for a full 45 days, the Board shall require the
reposting of the notices and shall reschedule the administrative review for a date at
least 45 days after the originally scheduled review, unless the applicant has fully
performed all other notice requirements and the Board determines that it is in the best
interests, of the parties to proceed at an earlier date.
Subchapter III. Review of License Applications.
§ 25-431. Review procedures — general provisions.
(a) Except as otherwise provided herein, Board actions and procedures shall be governed
by Chapter 15 of Title I.
(b) Except as provided in subsection (c) of this section, the Board may meet in panels
of at least 3 members for the purpose of conducting hearings and taking official actions.
Three members shall constitute a quorum.
(c) The Board may establish alternate procedures for uncontested, interim
administrative proceedings or issuing stipulated licenses. Such procedures shall be
submitted to the Council for approval as provided under § 25-211(b).
(d) The Chair of the Board may appoint a Vice-Chair for the purposes of leading panels
as provided for in this section.
(e) For the purposes of this chapter, the Board may permit the Board of Directors of a
licensee under a club license to designate a representative to represent it during
proceedings before the Board.
(f) Upon receipt of a complete application, the Board shall schedule an administrative
review on the application. The administrative review shall not take place until after the
close of the 45-day protest period. This administrative review may be conducted by a panel
of 3 Board members.
(g) Before any license is issued or renewed, and before any substantial change in the
operation of a licensed establishment as determined by the Board under § 25-404, the
Board shall ensure that proper notice has been provided to the public and that the public
has been given at least 45 days in which to protest the license and that an administrative
review has been conducted.
(h) The administrative review shall be a non-adversarial proceeding held by the Board,
at which hearing a list of applications for a new or renewed license or approval of
substantial change in operation as under § 25-404, and the protestants thereto, shall be
read to the public.
§ 25-432. Standard review procedures.
(a) If no protest has been received by the Board during the protest period, the Board
shall schedule an administrative review to consider the application within 10 days after
the end of the protest period.
(b) If a protest has been received by the Board during the protest period, the Board
shall take the following actions:
(1) The Board shall schedule a protest hearing to receive testimony and other evidence
regarding the application in accordance with §§ 25-442 and 25-444.
(2) (A) The parties shall be informed of their obligation to attend a settlement
conference under § 25-445 for the purpose of discussing and resolving, if possible, the
objections raised by the protestants.
(B) The parties shall be informed of their rights and responsibilities with respect to
reaching a settlement under §§ 25-445 and 25-446.
(C) At the request of all parties, and if a settlement conference would be unlikely to
succeed, the Board may waive the parties’ obligation to attend a settlement conference.
(3) The Board shall issue a decision in accordance with § 25-433.
§ 25-433. Decisions of the board; petition for reconsideration.
(a) No application shall be approved until the Board has determined that the applicant
has complied with § 25-402(a)(8) through (10) (and § 25-402(b) if the applicant is a
restaurant or hotel) or, in the case of a renewal, has fulfilled the license requirements
of this title. The Board shall make findings of fact with respect to each requirement,
including the appropriateness standards set forth in §§ 25-313, 25-314, and 25-315, and
the food sales requirements for restaurants and hotels.
(b) For the purposes of this section, the record shall close when a hearing is
concluded. Parties shall have 10 days after the conclusion of the hearing to submit
proposed findings of fact and conclusions of law to the Board.
(c) Within 90 days after the close of the record, the Board shall issue its written
decision accompanied by findings of fact and conclusions of law. The Board shall publish
and maintain a compilation of its decisions and orders.
(d)(1) A petition for reconsideration, rehearing, reargument, or stay of a decision or
order of the Board may be filed by a party within 10 days after the date of receipt of the
Board’s final order.
(2) The filing or the granting of a petition filed under paragraph (1) of this
subsection shall not stay the final order unless the stay is specifically ordered by the
Board.
(3) A stay shall be granted only upon good cause, which shall consist of unusual or
exceptional circumstances.
(e) The Board may establish procedures under § 25-211(b) to consider an application
which is not protested during the protest period.
§ 25-434. Influencing the application process.
(a) A person shall not provide, offer to provide, request, or receive anything of value
for the personal use, enjoyment, or profit of an individual in exchange for the
individual’s promise not to exercise his or her rights provided under this title to object
to, or petition against, a license application.
(b) Any person who violates subsection (a) of this section shall be guilty of a
criminal misdemeanor, and, upon conviction, shall be imprisoned for not more than 90 days,
or fined not more than $300, or both.
Subchapter IV. Review and Resolution Procedures.
§ 25-441. Hearings — continuances.
(a) A hearing may be continued for good cause. A written motion for a continuance shall
be filed with the Board at least 6 days before the scheduled hearing date and served upon
all parties at least 6 calendar days before the hearing. To be granted, the motion shall,
in the opinion of the Board, set forth good and sufficient cause for continuance or
demonstrate that an extreme emergency exists.
(b) A continuance shall not waive the requirements of this chapter governing the time
in which to file objections, petitions, or other pleadings.
(c) 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.
(d) The Board may waive the provisions of this section if all parties agree to a
continuance.
§ 25-442. Hearings — witnesses.
(a) A party shall have the right to call and examine witnesses.
(b) Except as provided in subsection (c) of this section, at any proceeding before the
Board in a contested case, the Board shall hear as witnesses all persons residing within
and outside the neighborhood who desire to be heard.
(c) The Board may exclude any irrelevant or unduly repetitious evidence or testimony.
(d) A witness who shall willfully give false testimony in a proceeding or hearing
before the Board shall be guilty of perjury.
§ 25-443. Subpoena of witnesses.
(a) Subpoenas issued by the Board shall be served:
(1) By an officer of the Metropolitan Police Department;
(2) By a special process server, at least 18 years of age, designated by the Board from
among the staff appointed by the Board who are not directly involved in the investigation;
or
(3) By a special process server, at least 18 years of age, engaged by the Board for
this purpose.
(b) Witnesses, other than those employed by the District or by the United States, shall
be entitled to the same fees as are paid witnesses for attendance before the Superior
Court of the District of Columbia.
(c) In the case of contumacy or refusal to obey a subpoena, the Superior Court of the
District of Columbia, upon written request by the Board, shall issue an order requiring
the contumacious person to appear and testify before the Board or to produce evidence if
so ordered.
§ 25-444. Protest hearings; parties identified.
(a) If a protest is filed in a contested case, the Board shall hold a protest hearing
for the purpose of receiving evidence and testimony regarding the appropriateness of the
licensing action.
(b) The parties to the protest hearing shall be the applicant and the protestants as
identified at the administrative review.
(c) If there is more than one protestant, the Board, in its discretion, may require the
protestants to confer among themselves and designate one person to conduct the
protestants’ case.
§ 25-445. Settlement conference.
(a) A settlement conference among the parties shall be held to discuss and resolve, if
possible, the objections raised by the protestants.
(b) If the date of the settlement conference is not arranged on or before the date of
the administrative review, the applicant shall contact the protestants to arrange the
conference.
(c) If the applicant fails to make a good faith effort to contact the protestants
timely, the Board shall deny the license application unless, in the judgment of the Board,
the applicant shows good cause for his or her failure to act.
(d) No protestant shall unreasonably refuse to make himself or herself available to
attend a settlement conference.
(e) If the protestant unreasonably refuses to make himself or herself available to
attend a settlement conference, the Board shall consider the protest withdrawn unless, in
the judgment of the Board, the protestant shows good cause for refusing to be available.
(f) At the request of any party, the Board may designate a member of its staff to
attend the settlement conference.
(g) If the parties fail to reach an agreement on one or more of the protest issues they
shall so state at the scheduled protest hearing.
(h) A party may be represented at a settlement conference by an attorney or a
designated representative who has been authorized to act on the party’s behalf.
§ 25-446. Voluntary agreements; approval process; show cause hearing for violation.
(a) The applicant and any protestant may, at any time, negotiate a settlement and enter
into a written voluntary agreement setting forth the terms of the settlement.
(b) The signatories to the agreement shall submit the agreement to the Board for
approval.
(c) If it determines that the voluntary agreement complies with all applicable laws and
regulations and the applicant otherwise qualifies for licensure, the Board shall approve
the license application, conditioned upon the licensee’s compliance with the terms of the
voluntary agreement. The Board shall incorporate the text of the voluntary agreement in
its order and the voluntary agreement shall be enforceable by the Board.
(d) A voluntary agreement shall run for the term of a license, including renewal
periods, unless it is terminated or amended in writing by the parties and the termination
or amendment is approved by the Board.
(e) The Board shall initiate a show cause hearing upon evidence that a licensee has
violated a voluntary agreement. Upon a determination that the licensee has violated the
voluntary agreement, the Board shall penalize the licensee according to the provisions set
forth for violations of a license in Chapter 8.
§ 25-447. Show cause hearing.
(a) The Board shall receive, at any time during the license period, complaints from any
person, or the ANC representing the area in which the licensee exists, alleging a
violation by a licensee of the terms of its license. Complaints shall be in writing and
set forth enough information to allow the Board or its staff to investigate the matter.
(b) In addition to written complaints identifying the complainant, any person may make
an anonymous complaint in writing to the Board or orally to any ABRA investigator.
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.
(c) Within 30 days of receiving evidence supporting a reasonable belief that any
licensee or permittee is in violation of the provision of this title or the regulations
issued under it, the Board shall order the licensee or permittee, by personal service or
certified mail, to appear before the Board not less than 30 days thereafter to show cause
why the license or permit should not be revoked or suspended, or the licensee or permittee
penalized, as provided by Subchapter II of Chapter 8. The notice shall state the time and
place set by the Board for the hearing.
(d) The licensee or permittee (or in the case of an entity, all members, partners, or
officers) shall appear in person, may be represented by counsel, and shall be entitled to
offer evidence in his, her, or its defense.
(e) If the licensee or permittee waives the hearing or fails to appear, the Board shall
proceed ex parte, unless the Board extends the time for the hearing for good and
sufficient cause.
(f) If the Board holds a show cause hearing on a complaint made under subsection (a) of
this section, the Board, in issuing its order, may place certain conditions on the license
if it determines that the inclusion of the conditions would be in the best interests of
the locality, section, or portion of the District in which the establishment is licensed.
The Board, in placing the conditions, shall state, in writing, the rationale for its
decision.
(g) All written complaints as set forth under subsection (a) of this section, which
identify the complainant by name and address, shall be responded to by the Board or its
staff within 90 days of receipt of the complaint, and shall advise the complainant of the
action that the Board or its staff has taken on the matter.
(h) The Board shall maintain records documenting complaints received and the action
taken in response to the complaint.
CHAPTER 5. ANNUAL FEES.
Sec.
25-501. Annual fees.
25-502. Mayor may propose alteration in license fees.
25-503. Minimum annual fees for manufacturer’s, wholesaler’s, and off-premises retailer’s
licenses.
25-504. Minimum annual fees for on-premises retail licenses, class C and D.
25-505. Fees for Arena C/X and Washington Convention Center by Mayor.
25-506. Minimum fees for temporary licenses.
25-507. Minimum annual fee for solicitor’s licenses.
25-508. Minimum fee for permits.
25-509. Minimum fee for transfer of a license to new owner.
25-510. Minimum fee for amendment to license.
§ 25-501. Annual fees.
(a) License fees shall be paid annually. The fee for the first year shall be paid at
the time of application and the renewal fee shall be paid on or before the anniversary
date of issuance of the license.
(b) The applicant shall pay the initial license fee to the D.C. Treasurer. The
applicant’s duplicate receipt shall accompany the application for license. If the
application for the license is denied, the fee shall be returned. This subsection shall
not apply to an application for a temporary license.
(c) A licensee’s failure to timely remit the annual fee shall be cause for the Board to
suspend the license until the licensee pays the fee and any fines imposed by the Board for
late payment. If a licensee is 90 days delinquent on payment of the renewal fee, the Board
shall give notice to the licensee of its intent to revoke the license. The licensee shall
have 14 days to respond to the notice. If the Board thereafter determines that the failure
to pay the fees and fines is not for good cause, the Board shall revoke the license.
(d) The Board may establish license periods at intervals necessary to facilitate
efficient processing of applications. If the Board changes a license period, the licensee
shall pay the proportionate amount of the annual license fee. If the Board issues a
license for less than one year, the licensee shall pay a fee reduced by the proportionate
amount of the annual fee.
(e) The fee for a temporary license shall be assessed according to the number of days
for which the license is issued and shall be paid at the time of the application.
§ 25-502. Mayor may propose alteration in license fees.
The Mayor may propose regulations, subject to approval in accordance with § 25-
211(b), to alter the license fees established by this chapter or to create additional
license categories.
§ 25-503. Minimum annual fees for manufacturer’s, wholesaler’s, and off-premises
retailer’s licenses.
The minimum annual fees for a manufacturer’s, wholesaler’s, and off-premises retailer’s
licenses shall be as set forth on the following:
| License Class | Cost/year |
| MANUFACTURERS | |
| Manufacturer’s license, class A. (rectifying plant) | 6000 |
| Manufacturer’s license, class A. (distillery) | 6000 |
| Manufacturer’s license, class A. (winery) | 1500 |
| Manufacturer’s license, class A. (distillery producing more than 50% nonbeverage alcohol) | 3000 |
| Manufacturer’s license, class B. (brewery) | 5000 |
| WHOLESALERS | |
| Wholesaler’s license, class A. (beer, wine, and spirits) | 4000 |
| Wholesaler’s license, class B. (beer and wine) | 2000 |
| OFF-PREMISES RETAILERS | |
| Retailer’s license (off-premises), class A. (beer, wine, and spirits) | 2000 |
| Retailer’s license (off-premises), class B. (beer and wine) | 1000 |
§ 25-504. Minimum annual fees for on-premises retail licenses, class C and D.
The minimum annual fees for an on-premises retailer’s licenses, class C and D, shall be
as set forth on the following schedule. Capacity shall be the posted level of occupancy
approved under the Construction Codes, as defined under § 5-1301 and as set forth in
Title 12 of the District of Columbia Municipal Regulations.
| Type | Capacity | Class C (beer, wine, spirits) | Class D (beer & wine) |
| Restaurant | 99 or fewer. | 500 | 300 |
| 100 to 199. | 1000 | 600 | |
| 200 to 499. | 1500 | 900 | |
| 500 or more. | 2000 | 1200 | |
| Tavern | 99 or fewer. | 800 | 500 |
| 100 to 199. | 1600 | 1000 | |
| 200 or more. | 2400 | 1500 | |
| Nightclub | 99 or fewer. | 1500 | 1000 |
| 200 to 499. | 2500 | 1500 | |
| 500 to 999. | 3500 | 2000 | |
| 1,000 or more. | 4500 | 3500 | |
| Hotel | 99 or fewer guest rooms. | 2000 | 1000 |
| 100 or more guest rooms. | 4000 | 2000 | |
| Club | 1500 | 500 | |
| Multipurpose facility | 1500 | 500 | |
| Marine vessel | Single vessel. | 1500 | 750 |
| Marine vessel line | 3 or fewer vessels and dockside waiting areas. | 2500 | 1000 |
| Each additional vessel or dockside waiting area. | 1500 | 500 | |
| Railroad dining or club car | Single car. | 500 | 250 |
| Railroad company | All dining or club cars. | 1500 | 750 |
| Caterer | More than $200,00/year annual revenue | 2000 | — |
| Caterer | $200,000 or less per year annual revenue | 1000 | — |
| Caterer | $100,000 or less per year annual revenue | 500 | — |
| Caterer | $50,000 or less per year annual revenue | 250 | — |
| Caterer | $25,000 or less per year annual revenue | 100 | — |
§ 25-505. Fees for Arena C/X and Washington Convention Center by Mayor.
The annual license fee for the retailer’s licenses, class Arena C/X, for the DC Arena
and for the Washington Convention Center shall be established by the Mayor.
25-506. Minimum fees for temporary licenses.
(a) The minimum fee for the issuance of a temporary license shall be the following:
| Temporary license (class F) (beer and wine) | $100/day |
| Temporary license (class G) (spirits, beer, and wine) | $300/day |
(b) Upon request, the Board has the authority to reduce the fee to $150 per day, for a
temporary license, class G, or to $50 per day, for a temporary license, class F, for
nonprofit organizations. This reduction shall only be available once each calendar year to
any single organization.
(c) The Board may create regulations and fees, in accordance with §§ 25-211(b) and
25- 502, to permit an on-premises retailer under a restaurant license to apply for a
one-day substantial change to the size of their licensed premises to expand the
establishment’s interior or exterior space in order to facilitate participation in
community or street festivals. The Board shall not grant permission for this change more
than twice in any calendar year for any establishment.
§ 25-507. Minimum annual fee for solicitor’s licenses.
The minimum annual fee for a solicitor’s license shall be $250.
§ 25-508. Minimum fee for permits and manager’s license.
The minimum fees for permits and manager’s license shall be as follows:
| Brew pub permit | $3,000/year |
| Tasting permit for class A licensees | $100/year |
| Importation permit | 5 |
| Manager’s license | $100/year |
§ 25-509. Minimum fee for transfer of a license to new owner.
The minimum fee for transfer of a license to a new owner shall be $150.
§ 25-510. Minimum fee for amendment to license.
The minimum fee for an amendment to a license which results in an inspection of the
licensed premises shall be $25.
CHAPTER 6. PROTESTS, REFERENDUM, AND COMPLAINTS.
Sec.
25-601. Standing to file protest against a license.
25-602. Filing a protest — timing and requirements.
25-603. Referendum process — general provisions.
25-604. Application to initiate a referendum process.
25-605. Referendum — ANC review of petition proposal.
25-606. Circulation of approved statement.
25-607. Approval of petitions submitted to the Board.
25-608. Licenses exempt from referendum process.
25-609. ANC comments.
§ 25-601. Standing to file protest against a license.
The following persons may protest the issuance or renewal of a license, the approval of
a substantial change in the nature of operation as determined by the Board under §
25-404, a new owner license renewal, the transfer of a license to a new location, or
initiate a referendum as set forth in § 25-604:
(1) An abutting property owner;
(2) A group of no fewer than 5 residents or property owners of the District sharing
common grounds for their protest; provided, that in a moratorium zone established under §
25-321 (or in existence as of the effective date of the Title 25, D.C. Code Enactment and
Related Amendments Act of 2000, passed on 2nd reading on December 19, 2000 (Enrolled
version of Bill 13-449), a group of no fewer than 3 residents or property owners of the
District sharing common grounds for their protest;
(3) A citizens association incorporated under the laws of the District of Columbia
located within the affected area;
(4) An affected ANC;
(5) In the case of property owned by the District within a 600-foot radius of the
establishment to be licensed, the Mayor;
(6) In the case of property owned by the United States within a 600-foot radius of the
establishment to be licensed, the designated custodian of the property; or
(7) The Metropolitan Police Department District Commander, or his or her designee, in
whose Police District the establishment resides.
§ 25-602. Filing a protest — timing and requirements.
(a) Any person objecting, under § 25-601, to the approval of an application shall
notify the Board in writing of his or her intention to object and the grounds for the
objection within the protest period.
(b) If the Board has reason to believe that the applicant did not comply fully with the
notice requirements set forth in Subchapter II of Chapter 4, it shall extend the protest
period as needed to ensure that the public has been given notice and has had adequate
opportunity to respond.
§ 25-603. Referendum process — general provisions.
(a) Notwithstanding any other provision of this title, the Board shall deny an
application for a new license, a change of license class, or the transfer of a license to
a new location upon receiving valid written objections from the majority of registered
voters residing within a 600- foot radius of the establishment to be licensed; provided,
that an application to transfer a license to a new location that is within 600 feet of the
former location of the licensed establishment, shall be excepted from this chapter.
Notwithstanding any other provision of this title, the Board also shall deny an
application for nude performance entertainment at a new location upon receiving valid
written objections from the majority of registered voters residing within a 1200- foot
radius of the establishment.
(b) A majority shall be more than 1/2 of the total number of persons registered to vote
in the District on the date of the license application and whose voter registration is at
an address within the 600-foot radius (or 1200-foot radius in the case of an application
for nude performance entertainment) delineated by the Board as stipulated in § 25-606.
Each person shall be entitled to one vote on the referendum.
(c) Any person who holds a license issued under this title shall be ineligible to vote
on the referendum and shall not be counted in calculating a majority.
(d) Objections shall be submitted on petition forms prescribed by the Board and shall
be signed by the objectors.
§ 25-604. Application to initiate a referendum process
(a) To initiate the referendum process, an eligible protestant, as set forth in §
25-601, shall submit to the Board a petition proposal, on a form prescribed by the Board,
and a statement of no more than 100 words identifying the basis for the objection. The
basis for the objection shall be the reason that the issuance of the license does not meet
one or more of the appropriateness standards as set forth in §§ 25-313, 25-314, 25-315,
and 25-316. The eligible objector shall at the same time submit the petition proposal and
the statement to the ANC representing the area in which the applicant requests the
license.
(b) A petition form that does not contain a Board-approved statement shall be
inadmissible and the persons signing an inadmissible form shall not be counted as
objecting to the license application.
(c) Within 10 business days from the date of receiving the proposed statement, the
Board shall determine whether the proposed statement is nondiscriminatory in effect or
intent according to the standards established by Chapter 25 of Title 1, and whether it
complies with the requirements of this title, the regulations issued under this title, and
any other applicable law and regulations of the District. The Board may revise the
proposed statement, subject to the consent of the objector, or may request the objector to
submit a revised statement. Upon determining that the statement complies with the
requirements of this section, the Board shall approve the statement.
§ 25-605. Referendum — ANC review of petition proposal and statement.
(a) Within 45 days after the receipt of the petition proposal and statement, the ANC
representing the area shall vote upon the merit of the objection.
(b) The ANC shall notify the Board and the member of the Council representing the ward
in which the ANC is located of the results of the vote.
(c) If the ANC representing the area did not vote on the referendum within the 45 days
allotted by this section, the Board shall deem the ANC to have waived its opportunity to
comment on the referendum.
§ 25-606. Circulation of approved statement.
(a) Within 30 days after the date of approval of the petition statement, the Board
shall:
(1) Notify the applicant of the initiation of the referendum process and provide the
applicant with a copy of the approved statement;
(2) Provide the applicant and the initiators of the referendum process with a map and
written description of the boundaries of the 600-foot radius (or 1200-foot radius in the
case of an application for nude performance entertainment) surrounding the establishment
for which the license is sought;
(3) Provide the applicant and the initiators of the referendum process with a list of
the names and addresses of the registered voters residing within the 600-foot radius (or
1200- foot radius in the case of an application for nude performance entertainment); and
(4) Provide written notice of the referendum process by first-class mail to each
registered voter residing within the 600-foot radius (or 1200-foot radius in the case of
an application for nude performance entertainment), stating the identity of the applicant,
the street address of the applicant’s establishment, the class of license sought, the type
of establishment and nature of operation proposed, the names and addresses of initiators
of the referendum process, and the content of the petition statement approved by the
Board.
(b) The petition forms circulated to obtain the signatures of eligible objectors shall
state whether the ANC voted in support of, or in opposition to, the license.
(c) The period for collecting signatures on a petition shall be 45 days from the date
that the Board completes the notifications required by subsection (a) of this section.
§ 25-607. Approval of petitions submitted to the Board.
(a) Upon receiving completed petitions, the Board shall establish a period of 15 days
during which the applicant or any other person may challenge the validity of the
signatures. The Board shall provide the applicant with timely notification of the
challenge period.
(b) Within 15 days after the expiration of the challenge period, the Board shall
determine whether the referendum meets the requirements of this subchapter for denial of
the license application, and, if so, shall deny the license application.
(c) If the Board determines at any time that proponents, circulators, or signers of a
petition acted due to motives that are inconsistent with the limitations set forth in §
25-604 or any other provision of law, the Board shall declare the petition void.
§ 25-608. Licenses exempt from referendum process.
Applications for a solicitor’s license or a temporary license shall be exempt from the
referendum process.
§ 25-609. ANC comments.
The affected ANC shall notify the Board in writing of its recommendations, if any, not
less than 7 calendar days before the date of the hearing. Whether or not the ANC
participates as a protestant, the Board shall give great weight to the ANC recommendations
as required by Subchapter V of Chapter 2 of Title 1. The applicant shall have the
opportunity to respond to the ANC recommendations in a manner to be prescribed in the
rules adopted by the Board.
CHAPTER 7. STANDARDS OF OPERATION.
Sec.Subchapter I. Staff Requirements.
25-701. Board-approved manager required.
25-702. Employees — notice of employee’s criminal conviction.
Subchapter II. Posting of Signs.
25-711. Posting and carrying of licenses.
25-712. Warning signs regarding dangers of alcohol consumption during pregnancy required.
25-713. Retail licensee required to post current legal drinking age and notice of
requirement to produce valid identification displaying proof of age.
Subchapter III. Hours; Noise Restrictions; Control of Litter.
25-721. Hours of sale and delivery for manufacturers and wholesalers.
25-722. Hours of sale and delivery for off-premises retail licensees.
25-723. Hours of sale and service for on-premises retail licensees and temporary
licensees.
25-724. Board authorized to further restrict hours of operation.
25-725. Noise from licensed premises.
25-726. Control of litter.
Subchapter IV. Sale on Credit, Gifts, and Loans.
25-731. Credit and delinquency.
25-732. Payment plan for use in extenuating circumstances.
25-733. Delivery and payment records and reports.
25-734. Sale by retailer of beverages on credit prohibited.
25-735. Gifts and loans from manufacturer prohibited.
25-736. Gifts and loans from wholesaler prohibited.
Subchapter V. Restrictions on Sales, Promotions, and Service.
25-741. Go-cups and back-up drinks prohibited.
25-742. Solicitation of drinks prohibited.
25-743. Tie-in purchases prohibited.
Subchapter VI. Limitations on Container Number, Size, Labeling, and Storage.
25-751. Limitations on container size.
25-752. Containers to be labeled.
25-753. Keg registration required; procedures specified.
25-754. Restrictions on storage of beverages.
Subchapter VII. Physical Space and Advertising.
25-761. Structural requirements.
25-762. Substantial changes in operation must be approved.
25-763. Restrictions on use of signs.
25-764. Advertisements related to alcoholic beverages in general.
25-765. Advertisement on windows and doors of licensed establishment.
25-766. Prohibited statements.
Subchapter VIII. Reporting, Importation.
25-771. Reporting.
25-772. Unlawful importation of beverages.
Subchapter IX. Minors and Intoxicated Persons.
25-781. Sale to minors or intoxicated persons prohibited.
25-782. Restrictions on minor’s entrance into licensed premises.
25-783. Production of valid identification document required; penalty.
25-784. Sale or distribution of beverages by minor prohibited.
25-785. Delivery, offer, or otherwise making available to persons under 21; penalties.
Subchapter XI. Temporary Surrender of License — Safekeeping.
25-791. Temporary surrender of license — safekeeping.
Subchapter XII. Valet Parking.
25-796. Valet parking.
Subchapter I. Staff Requirements.
§ 25-701. Board-approved manager required.
(a) A person designated to manage an establishment shall possess a manager’s license.
(b) A licensee shall notify the Board within 7 calendar days of a manager’s conviction
for other than a minor traffic violation.
(c) This section shall not apply to licensees who personally superintend the
establishment during licensed hours of sale.
§ 25-702. Employees — notice of employee’s criminal conviction.
A licensee shall immediately notify the Board in writing if the licensee discovers that
a employee who sells or serves any alcoholic beverage has, at any time up to 5 years
before or during her or his employment, been convicted for other than minor traffic
violations.
Subchapter II. Posting of Signs.
§ 25-711. Posting and carrying of licenses.
(a) A person receiving a license to manufacture, sell, or permit the consumption of
alcoholic beverages shall frame the license under glass and post it conspicuously in the
licensed establishment. If a voluntary agreement is a part of the license, the license
shall be marked "voluntary agreement on file" by the Board, and the licensee
shall make a copy of the voluntary agreement immediately accessible to any member of the
public, official of ABRA, or officer of the Metropolitan Police Department upon request.
(b) The licensee under a retail license or a club license, shall post, in a conspicuous
place on the front window or front door of the licensee’s premises, the correct name or
names of the licensee or licensees and the class and number of the license in plain and
legible lettering not less than one inch nor more than 1.25 inches in height.
(c) A licensee under a temporary license shall have the license available for
inspection by any member of the Board, employee of the Board, or member of the
Metropolitan Police Department during the event for which the license was issued.
(d) A licensee under a solicitor’s license shall, while soliciting orders, carry the
license upon his or her person and shall exhibit the license, upon request, to any member
of the Board, employee of the Board, or member of the Metropolitan Police Department.
(e) A licensee under a manager’s license shall, while managing a licensed
establishment, carry the license upon his or her person and shall exhibit the license,
upon request, to any member of the Board, employee of the Board, or member of the
Metropolitan Police Department.
§ 25-712. Warning signs regarding dangers of alcohol consumption during pregnancy
required.
(a) A licensees shall post in a conspicuous place, in accordance with regulations, a
sign which reads: "Warning: Drinking alcoholic beverages during pregnancy can cause
birth defects".
(b) If the Board determines that action in addition to that required by subsection (a)
of this section is necessary to accomplish the objectives of this title, the Board may
require additional warnings.
(c) The Board shall prepare the signs and make them available at no charge to
licensees.
(d) Each day of noncompliance shall constitute a separate violation of this section.
(e) A violation of this section shall be punishable by a civil penalty not to exceed
$100.
§ 25-713. Retail licensee required to post current legal drinking age and notice of
requirement to produce valid identification displaying proof of age.
A retail licensee shall post a notice, maintained in good repair and in a place clearly
visible from the point of entry to the establishment, stating:
(1) The minimum age required for the purchases of an alcoholic beverage; and
(2) The obligation of the patron to produce a valid identification document displaying
proof of legal drinking age.
Subchapter III. Hours; Noise Restrictions; Control of Litter.
§ 25-721. Hours of sale and delivery for manufacturers and wholesalers.
(a) A licensee under a manufacturer’s license or a wholesaler’s license shall sell and
deliver alcoholic beverages only between the hours of 6:00 a.m. and 1:00 a.m., Monday
through Saturday; provided, that licensees may also make deliveries between 5:00 a.m. and
6:00 a.m., Monday through Saturday.
(b) In addition to the provisions of subsection (a) of this section, the licensee under
a manufacturer’s license, class A or B, or a wholesaler’s license, class A or B, may
deliver alcoholic beverages to a license under a temporary license, class F or G, license
between the hours of 9:00 a.m. and 9:00 p.m. on Sunday.
§ 25-722. Hours of sale and delivery for off-premises retail licensees.
(a) A licensee under an off-premises retailer’s license, class A or B, may sell and
deliver alcoholic beverages only between the hours of 9:00 a.m. and 10:00 p.m., Monday
through Saturday, and during those same hours on December 24 and 31 of each year.
(b) The Board may also permit a licensee under an off-premises retailer’s license,
class B, to sell or deliver alcoholic beverages between the hours of 9:00 a.m. and 10:00
p.m. on Sundays.
(c) This section shall apply 90 days after the effective date of the Title 25, D.C.
Code Enactment and Related Amendments Act of 2000, passed on 2nd reading on December 19,
2000 (Enrolled version of Bill 13-449).
§ 25-723. Hours of sale and service for on-premises retail licensees and temporary
licensees.
(a) The licensee under a hotel license may make available in the room of a registered
adult guest, and charge to the registered guest if consumed, closed miniature containers
of alcoholic beverages at all hours on any day of the week.
(b) Except as provided in § 25-724, the licensee under a on-premises retailer’s
license or a temporary license may sell or serve alcoholic beverages on any day and at any
time except between the following hours:
(1) 2:00 a.m. and 8:00 a.m., Monday through Friday;
(2) 3:00 a.m. and 8:00 a.m. on Saturday; and
(3) 3:00 a.m. and 10:00 a.m. on Sunday.
(c) On each January 1st, the licensee under an on-premises retailer’s license or a
temporary license may sell or serve alcoholic beverages until 4:00 a.m.
§ 25-724. Board authorized to further restrict hours of operation.
At the time of initial application or renewal of any class of license, the Board may
further limit the hours of sale and delivery for a particular applicant (1) based on the
Board’s findings of fact, conclusions of law, and order following a protest hearing, or
(2) under the terms of a voluntary agreement.
§ 25-725. Noise from licensed premises.
(a) The licensee under an on-premises retailer’s license shall not produce any sound,
noise, or music of such intensity that it may be heard in any premises other than the
licensed establishment by the use of any:
(1) Mechanical device, machine, apparatus, or instrument for amplification of the human
voice or any sound or noise;
(2) Bell, horn, gong, whistle, drum, or other noise-making article, instrument, or
device; or
(3) Musical instrument.
(b) This section shall not apply to:
(1) Areas in the building which are not part of the licensed establishment;
(2) A building owned by the licensee which abuts the licensed establishment;
(3) Any premises other than the licensed establishment which are located within a C-1,
C-2, C-3, C-4, C-M, or M zone, as defined in the zoning regulations for the District; or
(4) Sounds, noises, or music occasioned by normal opening of entrance and exit doors
for the purpose of ingress and egress.
(c) The licensees under this subchapter shall comply with the noise level requirements
set forth in Chapter 27 of Title 20 of the District of Columbia Municipal Regulations.
§ 25-726. Control of litter.
(a) The licensee under a retailer’s license shall take reasonable measures to ensure
that the immediate environs of the establishment, including adjacent alleys, sidewalks, or
other public property immediately adjacent to the establishment, or other property used by
the licensee to conduct its business, are kept free of litter.
(b) The licensee under a retailer’s license shall comply with the Litter Control
Expansion Amendment Act of 1987, effective October 9, 1987 (D.C. Law 7-38; 23 DCMR §
720).
Subchapter IV. Sale on Credit, Gifts, and Loans.
§ 25-731. Credit and delinquency.
(a) For the purposes of this section, the term "payment" means the delivery
to the manufacturer or wholesaler of cash or a check, draft, or other order for payment;
provided, that the check, draft, or other order of payment is drawn only on the bank
account of the retailer.
(b) No alcoholic beverage shall be sold by a manufacturer or wholesaler to a retailer,
or purchased by a retailer, except on the following terms: (1) full payment in cash on
delivery, or (2) full payment in cash before the 16th day of the month following the month
of purchase or delivery.
(c) A retailer who fails to make payment in full in accordance with the terms of
purchase shall not, during the period of delinquency, make any further purchases except
for cash on delivery, and, during the period of delinquency, a manufacturer or wholesaler
who has knowledge of such delinquency shall not sell any alcoholic beverages to the
retailer except for cash on delivery.
(d) Subsections (b) and (c) of this section shall constitute a reasonable extension of
credit and no enlargement or extension of such terms, whether cash or credit, shall be
granted by the manufacturer or wholesaler or accepted by the retailer.
(e) The failure of a retailer who contracts to purchase an alcoholic beverage for full
payment in cash on delivery to make full payment upon delivery shall constitute a
violation of this chapter.
(f) A retailer shall not satisfy the obligation to pay for an alcoholic beverage unless
the payment is dated on or before the date payment is due and is, upon presentation,
promptly honored by the bank on which it is drawn.
(g) The failure of a manufacturer or wholesaler to deposit the payment in the
manufacturer’s or wholesaler’s bank for credit or collection, or present the
payment to the bank on which it is drawn, within 5 days from the receipt of a payment
shall constitute a violation of this chapter. Each day that the failure continues shall
constitute a separate violation.
§ 25-732. Payment plan for use in extenuating circumstances.
(a) A retailer whose business has suffered major damage or loss due to arson, burglary,
or other major disaster shall, upon approval of a payment plan by the Board, not be
subject to § 25-731 for credit extended to the retailer before the occurrence of the
major damage or loss.
(b) A payment plan shall not extend for more than 12 months from the date of approval
of the plan.
(c) In approving a payment plan, the Board shall consider factors including the
circumstances under which the loss or damage occurred; the amount of loss or damage; and
whether the plan has been accepted by the wholesalers to whom the money is owed.
(d) For good cause shown, the Board may modify an approved plan, including the
extension of the one year payment period, for a limited period of time.
(e) The failure of a retailer to make payment in accordance with the approved plan
shall constitute a violation of this chapter.
§ 25-733. Delivery and payment records and reports.
(a) A delivery of an alcoholic beverage to a licensee shall be accompanied by an
invoice of sale or delivery which shall bear the date of delivery of the alcoholic
beverages.
(b) Before the 26th day of each month, each manufacturer and wholesaler shall file with
each other manufacturer or wholesaler within the District, on a form prescribed by the
Board, a statement under penalties of perjury showing the following:
(1) The name, including trade name, and address of each retailer who has been required
to make payment in cash for alcoholic beverages under § 25-731(c);
(2) All delinquent accounts; and
(3) All checks, drafts, or other orders for payment received from any retailer, which,
since the previous report, were dishonored when presented for payment.
(c) A manufacturer or wholesaler who, after receiving notification of delinquency by a
retailer under § 25-731(c), extends credit to any retailer, shall be deemed to have
violated § 25- 731(b).
(d) Before March 2, June 2, September 2, and January 2 of each year, each manufacturer
and wholesaler shall submit to the Board, on a form prescribed by the Board, a list of the
following:
(1) All retailers that have been required to make payment in cash for alcoholic
beverages under § 25-731(c), during the preceding 90 days; and
(2) All accounts that have been delinquent during the preceding 90 days, including the
amount of the delinquency.
(e) Each manufacturer and wholesaler shall, within 24 hours of receipt from the bank or
other depository of notice of dishonor of a check, draft, or other order for payment which
the manufacturer or wholesaler received from a retailer, notify in writing the Board of
the notice of dishonor.
(f) Failure to file timely a report required by this section shall constitute a
violation of this chapter.
§ 25-734. Sale by retailer of beverages on credit prohibited.
(a) A licensee under a retailer’s license shall not sell on credit any alcoholic
beverages except as provided in this section.
(b) For purposes of this section, the extension of credit by the licensee under an off-
premises retailer’s license in connection with the sale of an alcoholic beverage through a
document, device, or plan intended or adapted for the purpose of establishing credit,
except through the use of a credit card, shall be considered a sale on credit.
(c) This section shall not prohibit a club from extending credit to its members or the
guests of members or a hotel from extending credit to its registered guests.
(d) This section shall not prohibit the licensee under an on-premises retailer’s
license from accepting payment by credit card for sales of alcoholic beverages to
customers.
§ 25-735. Gifts and loans from manufacturer prohibited.
(a) A manufacturer, whether or not licensed under this title, shall not engage in the
following transactions with a wholesale or retail licensee:
(1) Loan or give money;
(2) Sell, rent, loan, or give equipment, furniture, fixtures, or property; or
(3) Give or sell a service.
(b) A wholesale or retail licensee shall not engage in the following transactions with
a manufacturer, whether or not licensed under this title:
(1) Receive or accept a loan or gift of money;
(2) Purchase from, rent from, borrow, or receive by gift equipment, furniture,
fixtures, or property; or
(3) Accept or receive a service.
(c) Notwithstanding subsections (a) and (b) of this section, with the prior approval of
the Board, a manufacturer may sell, give, rent, or loan to a wholesale or retail licensee
any service or article of property costing the manufacturer not more than $500 and a
wholesale or retail licensee may purchase from, rent from, borrow, or receive by gift from
a manufacturer any service or article of property costing the manufacturer not more than
$500.
§ 25-736. Gifts and loans from wholesaler prohibited.
(a) A licensed wholesaler of alcoholic beverages, whether or not licensed under this
title, shall not engage in the following transactions with a retail licensee:
(1) Lend or give any money;
(2) Sell equipment, furniture, fixtures, or property, except merchandise sold at the
fair market value for resale by the licensee;
(3) Rent, loan, or give any equipment, furniture, fixtures, or property; or
(4) Give or sell any service.
(b) A retail licensee shall not engage in the following transactions with a wholesaler:
(1) Receive or accept any loan or gift of money;
(2) Purchase equipment, furniture, fixtures, or property, except merchandise purchased
at the fair market value for resale;
(3) Rent from, borrow, or receive by gift equipment, furniture, fixtures, or property;
or
(4) Receive any service.
(c) Notwithstanding subsections (a) and (b) of this section, with the prior approval of
the Board, a wholesaler may sell, give, rent, or loan to a retail licensee any service or
article of property costing the wholesaler not more than $500 and a retail licensee may
purchase from, rent from, borrow, or receive by gift from a wholesaler any service or
article of property costing the wholesaler not more than $500.
Subchapter V. Restrictions on Sales, Promotions, and Service.
§ 25-741. Go-cups and back-up drinks prohibited.
(a) The licensee under an off-premises retailer’s license, class A or B, shall not
provide go-cups to customers.
(b) The licensee under an on-premises retailer’s license shall not serve back-up drinks
to customers.
§ 25-742. Solicitation of drinks prohibited.
The licensee under an on-premises retailer’s license shall not:
(1) Require, permit, suffer, encourage, or induce an entertainer or employee to solicit
in the licensed establishment the purchase by a patron of any drink, whether alcoholic or
non-alcoholic, or money with which to purchase the drink, for that entertainer or
employee, or for any other person other than the patron and guests of the patron; or
(2) Pay to the licensee’s agent or manager, or any other person frequenting the
licensed establishment, a commission or any other compensation to solicit for herself,
himself, or for others, the purchase by the patron of any drink, whether alcoholic or
non-alcoholic.
§ 25-743. Tie-in purchases prohibited.
(a) A manufacturer or wholesaler shall not require, directly or indirectly, a retailer
to purchase any type of alcoholic beverage or other commodity in order to purchase any
other alcoholic beverage.
(b) A licensee under an off-premises retailer’s license shall not require, directly or
indirectly, a consumer to purchase any type of alcoholic beverage or other commodity in
order to purchase any other alcoholic beverage.
Subchapter VI. Limitations on Container Number, Size, Labeling, and Storage.
§ 25-751. Limitations on container size.
(a) The licensee under an off-premises retailer’s license, class A, may sell and
deliver no fewer than 6 miniatures of spirits or wine per purchase.
(b) The licensee under a manufacturer’s license, wholesaler’s license, or an
off-premises retailer’s license shall not sell an alcoholic beverage in any container
which does not comply with the standards of fill set forth in the most recent regulations
issued under the Federal Alcohol Administration Act, approved August 29, 1935 (49 Stat.
977; 27 U.S.C. § 201 et seq.).
(c) No person shall sell or deliver in the District alcoholic beverages in containers
of a capacity of 1/10 gallon, except the following:
(1) Scotch whiskey, Irish whiskey, brandy, and rum;
(2) Cordials and liqueurs, cocktails, highballs, gin fizzes, bitters, and similar
specialties; or
(3) Domestic and imported still wines and sparking wines.
§ 25-752. Containers to be labeled.
No rectified or blended spirits shall be sold unless the container in which it is sold
shall bear a legible label, firmly affixed, stating the nature and percentage of each
ingredient (except water), the age of the ingredient, and the alcoholic content by volume.
§ 25-753. Keg registration required; procedures specified.
(a) A licensee under an off-premises retailer’s or wholesaler’s license shall
not sell any alcoholic beverage in a keg to a consumer without having affixed a
registration seal on the keg at the time of sale.
(b) A keg registration seal is a seal, decal, sticker, or other device approved by the
Board which is designed to be affixed to kegs and which displays a registration number,
name of the licensee offering the keg for sale to the consumer, and any other information
required by the Board.
(c) At the point of sale of an alcoholic beverage in a keg, the licensee shall complete
a keg declaration of receipt on a form provided by the Board receipt, which receipt shall
contain the following information:
(1) Keg registration seal number;
(2) The name and address of the purchaser verified by a valid identification document;
(3) The type and registration number of the identification presented by the purchaser;
(4) A statement signed by the purchaser stating that:
(A) The purchaser is 21 years of age or older;
(B) The purchaser does not intend to allow persons under 21 years of age to consume any
of the alcoholic beverage purchased; and
(C) The purchaser will not remove or obliterate the keg registration seal affixed to
the keg or allow its removal or obliteration; and
(5) The specific address or location where the alcoholic beverage in the keg will be
consumed and the date or dates on which it will be consumed.
(e) Upon return of a registered keg from a consumer, the licensee shall remove or
obliterate the keg registration seal and note the removal or obliteration on the keg
declaration of receipt form to be retained by the licensee at the licensed establishment.
If a keg is made of disposable packaging that does not have to be returned by the consumer
to the licensee, the licensee shall indicate on the keg declaration of receipt form that
the keg is disposable.
(f) A licensee shall maintain the keg declaration of receipt form on the licensed
establishment for 2 years following the date of purchase. These records shall be open at
all reasonable times for inspection by the Board, or its authorized representatives, and
other law enforcement officers.
(g) This section shall not apply to the wholesale sale of any keg between a wholesaler
and a retailer or to the import of any keg by a retailer under this title or regulations
promulgated hereunder.
§ 25-754. Restrictions on storage of beverages.
(a) Alcoholic beverages shall not be manufactured, kept for sale, or sold by any
licensee other than at the licensed establishment; provided, that the Board may permit the
storing of beverages upon premises other than the licensed establishment under the
following classes of licenses:
(1) Manufacturer’s license;
(2) Wholesaler’s license;
(3) Off-premises retailer’s license, class A;
(4) Common carrier license, class C or D; and
(5) Caterer’s license.
(b) A licensee may not store alcoholic beverages upon premises outside the District.
Subchapter VII. Physical Space and Advertising.
§ 25-761. Structural requirements.
No license shall be issued for the sale or consumption of beverages in any building, a
part of which is used as a dwelling or lodging house, unless the applicant files an
affidavit stating to the satisfaction of the Board that access from the portion of the
building used as a dwelling or lodging house to the portion where the applicant desires to
sell alcoholic beverages is effectively closed; provided, that the provisions of this
section shall not apply to a hotel or a club licensed under this title. The Board, by
regulation, may provide for waiver of the provisions of this section upon application of a
licensee.
§ 25-762. Substantial change in operation must be approved.
(a) Before a licensee may make a change in the interior or exterior, or a change in
format, of any licensed establishment, which would substantially change the nature of the
operation of the licensed establishment as set forth in the initial application for the
license, the licensee shall obtain the approval of the Board in accordance with § 25-404.
(b) In determining whether the proposed changes are substantial, the Board shall
consider whether they are potentially of concern to the residents of the area surrounding
the establishment, including changes which would:
(1) Increase the occupancy of the licensed establishment or the use of interior space
not previously used;
(2) Expand the operation of the licensed establishment to allow for permanent use of
exterior public or private space or summer gardens;
(3) Expand the operation of the licensed establishment to another floor, roof, or deck;
(4) Provide for, or expand, an area in which live entertainment would be performed by
employees of the establishment, patrons, contract employees, or self-employed individuals,
such as dancers or disc jockeys;
(5) Diminish, or expand, the space used by the establishment for service of meals,
dining areas, or food preparation areas;
(6) Provide permanent space for dancing by patrons if none existed previously;
(7) Change the exterior design, architecture, or construction of the building in such a
way as to convey to the public notice of the fact that alcoholic beverages are to be, or
are sold, dispensed, stored, or distributed in or from the building;
(8) Provide music or entertainment if none was provided previously;
(9) Change from recorded to live music or entertainment or the kind of music or
entertainment provided;
(10) Change the entertainment to include nude performances;
(11) Change from full-menu offerings to offering snack food;
(12) Change from on-premises consumption of food to carry-out sales or offering
carry-out sales if none existed previously;
(13) Extend the hours of operation;
(14) Provide mechanical or electronic entertainment devices if these did not exist
previously or provide for the installation of additional devices;
(15) Change the trade name or corporate name, coupled with a change in ownership of the
establishment;
(16) Change the booth sizes;
(17) Reduce the number of toilet facilities; or
(18) Increase the number of vessels under the on-premises common carrier license class.
(c) A temporary or permanent reduction in the hours of operation of a licensed
establishment shall not constitute a substantial change.
§ 25-763. Restrictions on use of signs.
(a) Exterior signs advertising alcoholic beverages, which signs have a total cumulative
area in the aggregate in excess of 10 square feet, shall be prohibited.
(b) No sign advertising alcoholic beverages on the exterior of, or visible from the
exterior of, any licensed establishment or elsewhere in the District shall be illuminated
at any time when the sale of alcoholic beverages at the licensed premises is prohibited.
(c) A sign advertising alcoholic beverages on the exterior of, or visible from the
exterior of, any licensed establishment, which is illuminated with intermittent flashes of
light shall be prohibited.
(d) A retail licensee shall not erect or maintain at the licensed establishment, except
to the extent required by federal law, a sign or lettering using the words
"Wholesale," "Wholesaler," "Wholesale department," or any
other word or words designed or intended to mislead or deceive the general public into
believing that the licensee is licensed to sell alcoholic beverages as a wholesaler.
(e) A sign which does not conform to this section shall be removed.
(f) In addition to the provisions of this section, signage shall be subject to the
regulations contained in Chapter 31 of Title 12 of the District of Columbia Municipal
Regulations.
§ 25-764. Advertisements related to alcoholic beverages in general.
No person shall publish or disseminate, or cause to be published or disseminated,
directly or indirectly, through any radio or television broadcast, in any newspaper,
magazine, periodical, or other publication, or by any sign, placard, or any printed
matter, an advertisement of alcoholic beverages which is not in conformity with this
title.
§ 25-765. Advertisement on windows and doors of licensed establishment.
(a) Advertisements relating to the prices of alcoholic beverages shall only be
displayed in the window of a licensed establishment if the total area covered by the
advertisements does not exceed 25% of the window space.
(b) Advertisements relating to alcoholic beverages shall not be displayed on the
exterior of any window or on the exterior or interior of any door.
§ 25-766. Prohibited statements.
A statement that is false or misleading with respect to any material fact shall be
prohibited.
Subchapter VIII. Reporting, Importation.
§ 25-771. Reporting.
(a) Before the 21st day of each month, a licensee under a manufacturer’s license shall
furnish to the Board, on a form to be prescribed by the Mayor, a statement, under
penalties of perjury, showing the quantity of each kind of alcoholic beverage, except
beer, manufactured during the preceding month. For the purposes of this section, alcoholic
beverages shall not be considered as manufactured until they are ready for sale.
(b) Twice a year, a licensee under a wholesaler’s or retailer’s license shall furnish
to the Board, on a form to be prescribed by the Mayor, a statement, under penalties of
perjury, showing:
(1) The quantity of each kind of beverage, except beer, purchased by the license holder
during the preceding 6 calendar months;
(2) The date of each such purchase;
(3) The name of the person from whom purchased, including the license number of the
vendor, if licensed hereunder; and
(4) The quantity and kind of beverages in each purchase.
§ 25-772. Unlawful importation of beverages.
(a) Only a licensee under a manufacturer’s, wholesaler’s, or common carrier’s
license, or retailer’s license under a validly issued import permit shall transport,
import, bring, or ship or cause to be transported, imported, brought, or shipped into the
District from outside the District any wines, spirits, or beer in a quantity in excess of
one gallon at any one time.
(b) No public or common carrier shall transport or bring into the District wine,
spirits, or beer in a quantity in excess of one quart in any one calendar month for
delivery to any one person in the District other than the licensee under a manufacturer’s,
wholesaler’s, or retailer’s license.
(c) The provisions of this section shall not apply to persons possessing old stocks who
are moving into the District, to embassies or diplomatic representatives of foreign
countries, nor to wines imported for religious or sacramental purposes, or to wine,
spirits, and beer to be delivered to the licensee under a manufacturer’s, wholesaler’s, or
retailer’s license.
(d) The penalty for violation of this section shall consist of (1) the forfeiture of
the beverages transported, imported, brought, or shipped, or caused to be transported,
imported, brought, or shipped in violation of this section, and (2) a fine of not more
than $500 or imprisonment for not more than 6 months.
(e) In addition to other penalties provided in this section, any person who violates
the provisions of this section shall be liable for any tax, penalties, and interest
provided for in this title.
Subchapter IX. Minors and Intoxicated Persons.
§ 25-781. Sale to minors or intoxicated persons prohibited.
(a) The sale or delivery of alcoholic beverages to the following persons is prohibited:
(1) A person under 21 years of age, either for the person’s own use or for the use of
any other person, except as provided in § 25-784(b);
(2) An intoxicated person, or any person who appears to be intoxicated; or
(3) A person of notoriously intemperate habits.
(b) A retail licensee shall not permit at the licensed establishment the consumption of
an alcoholic beverage by any of the following persons:
(1) A person under 21 years of age;
(2) An intoxicated person, or any person who appears to be intoxicated; or
(3) A person of notoriously intemperate habits.
(c) A licensee or other person shall not, at a licensed establishment, give, serve,
deliver, or in any manner dispense an alcoholic beverage to a person under 21 years of
age, except as provided in § 25-784(b).
(d) A licensee shall not be liable to any person for damages claimed to arise from
refusal to sell an alcoholic beverage or refusal to permit the consumption of an alcoholic
beverage in its establishment under the authority of this section.
§ 25-782. Restrictions on minor’s entrance into licensed premises.
(a) The licensee under an off-premises retailer’s license, class A, shall not permit a
person under 18 years of age to enter the licensed establishment between the hours of 8
a.m. and 3 p.m. on any day in which the public schools of the District are in session
during the regular school year.
(b) It shall be an affirmative defense to a charge of violating subsection (a) of this
section that the licensee or a licensee’s employee was shown a valid identification
document indicating that the minor was 18 years of age or older, which document the
licensee or the licensee’s employee reasonably believed to be valid, and that the licensee
or the licensee’s employee reasonably believed that the person was 18 years of age or
older or was not truant or unlawfully absent from school.
(c) Subsection (a) of this section shall not apply to a licensee under a retailer’s
license, class A, for a supermarket if its primary business and purpose is the sale of a
full range of fresh, canned, and frozen food items, and if the sale of alcoholic beverages
is incidental to the primary purpose and constitutes no more than 25% of total volume of
gross receipts on an annual basis.
(d) Except as otherwise permitted, a licensee shall not deny admittance to a person
displaying a valid identification document displaying proof of legal drinking age.
(e) The provisions of this section notwithstanding, a licensee not shall discriminate
on any basis prohibited by Chapter 25 of Title 1.
§ 25-783. Production of valid identification document required; penalty.
(a) A licensee shall refuse to sell, serve, or deliver an alcoholic beverage to any
person who, upon request of the licensee, fails to produce a valid identification
document.
(b) A licensee or his agent or employee shall take steps reasonably necessary to
ascertain whether any person to whom the licensee sells, delivers, or serves an alcoholic
beverage is of legal drinking age. Any person who supplies a valid identification document
showing his or her age to be the legal drinking age shall be deemed to be of legal
drinking age.
(c) Upon finding that a licensee has violated subsection (a) or (b) of this section in
the preceding 2 years:
(1) Upon the first violation, the Board shall fine the licensee not less than $1,000,
and not more than $2,000, and suspend the licensee for 5 consecutive days. The 5-day
suspension may be stayed by the Board for one year if all employees who serve alcoholic
beverages in the licensed establishment complete an alcohol training program within 3
months.
(2) Upon the second violation, the Board shall fine the licensee not less than $2,000,
and not more than $4,000, and suspend the licensee for 10 consecutive days. The Board may
stay up to 6 days of the 10-day suspension for one year if all employees who serve
alcoholic beverages in the licensed establishment complete an alcohol training program
within 3 months.
(3) Upon the third violation, the Board shall fine the licensee not less than $4,000,
and not more than $10,000, and suspend the licensee for 15 consecutive days, or revoke the
license. The Board may stay up to 5 days of the 15-day suspension for one year if all
employees who serve alcoholic beverages in the licensed establishment complete an alcohol
training program within 3 months.
(4) Upon the fourth violation, the Board may revoke the license.
(5) The Board may revoke the license of a licensed establishment that has 5 or more
violations of this section within a 5-year period.
(d) The provisions of this section notwithstanding, no licensee shall discriminate on
any basis prohibited by Chapter 25 of Title 1.
§ 25-784. Sale or distribution of beverages by minor prohibited.
(a) Except as provided in subsection (b) of this section, a licensee shall not allow
any person under 21 years of age to sell, give, furnish, or distribute an alcoholic
beverage.
(b) A licensee may allow an employee who is 18 years of age or older to sell, serve, or
deliver an alcoholic beverage on the licensed premises; provided, that no employee under
21 years of age shall serve as a bartender.
§ 25-785. Delivery, offer, or otherwise making available to persons under 21;
penalties.
(a) A person who is not a licensee shall not, within the District, purchase an
alcoholic beverage for the purpose of delivering the alcoholic beverage to a person who is
under 21 years of age.
(b) A person who is a licensee shall not, within the District, offer, give, provide, or
otherwise make available an alcoholic beverage to a person who is under 21 years of age,
except if necessary to allow the person to perform lawful employment responsibilities that
require the person to have temporary possession of alcoholic beverages.
(c) A person who violates any provision of this section shall:
(1) Upon conviction for the first offense, be fined not more then $1,000, or imprisoned
up to 180 days, or both;
(2) Upon conviction for the second offense committed within 2 years from the date of
any such previous offense, be fined not more than $2,500, or imprisoned up to 180 days, or
both;
(3) Upon conviction for the third or any subsequent offense committed within 2 years
from the date of any such previous offense, be fined not more than $5,000, or imprisoned
up to one year, or both.
(d) A person alleged to have violated this section may be issued a citation under §
23- 1110(b)(1). The person shall not be eligible to forfeit collateral.
Subchapter XI. Temporary Surrender of License — Safekeeping.
§ 25-791. Temporary surrender of license — safekeeping.
(a) A license which is discontinued for any reason shall be surrendered by the licensee
to the Board for safekeeping. The Board shall hold the license until the licensee resumes
business at the licensed establishment or the license is transferred to a new owner. If
the licensee has not initiated proceedings to resume operations or transfer the license
within 60 days after suspension, the Board may deem this license abandoned after giving
notice to the licensee. The licensee has 14 days to respond to the Board’s notice to
request continued safekeeping.
(b) The Board may extend the period of safekeeping beyond 60 days for reasonable cause,
such as fire, flood, other natural disaster; rebuilding or reconstruction; or to complete
the sale of the establishment.
(c) Licenses in safekeeping beyond 60 days, as extended by the Board, shall be reviewed
by the Board every 6 months to ensure that the licensee is making reasonable progress on
returning to operation.
(d) This section shall not relieve a licensee from the responsibility for renewing the
license upon its expiration.
(e) If a licensee notifies the Board that the licensee has ceased to do business under
the license or if the Board cancels the license under this section, the license shall be
marked as "canceled."
(f) Licenses which are restored after being held in safekeeping for longer than 2 years
shall be subject to the license renewal process set forth in Chapter 4.
(g) A license suspended by the Board under this title shall be stored at the Board.
Subchapter XII. Valet Parking.
§ 25-796. Valet parking.
(a) If there is a voluntary agreement, or a condition placed by the Board on the
granting of a temporary license, which stipulates that valet parking shall be provided to
the customers of a licensee, the valet parking service:
(1) Shall possess a valid business license from the District as required by § 47-
2851.2 if the valet parking service is provided by a business which is separate from the
licensee under this title;
(2) Shall not:
(A) Double-park a vehicle;
(B) Park a customer’s vehicle on a public street outside of a designated area;
(C) Leave a vehicle unattended in the street, except in a designated area;
(D) Receive or return a customer’s vehicle at a location other than the designated
service area for the service location;
(E) Park a vehicle on private property unless written authorization has been obtained
from the owner or lessee of the property; or
(F) Violate a law relating to the stopping, standing, or parking of motor vehicles; and
(3) May allow attended vehicles of the licensed establishment’s customers to
temporarily queue in the traffic lane adjacent to the designated area if the queuing does
not:
(A) Cause traffic behind the queue to back up into an intersection;
(B) Block public access to a business or residence; or
(C) Create a safety hazard.
(b) A valet parking attendant who enters the street while on duty during the nighttime
shall wear a safety vest or other reflective material.
CHAPTER 8. ENFORCEMENT, INFRACTIONS, AND PENALTIES.
Subchapter I. Enforcement.
Sec.
25-801. Authority of the Board to enforce this title; enforcement responsibilities of ABRA
investigators and Metropolitan Police Department.
25-802. Examination of premises, books, and records.
25-803. Search warrants for illegal alcoholic beverages; disposition of seized beverages.
25-804. Notifications from DCRA, Fire Department, and Metropolitan Police Department.
25-805. Nuisance.
Subchapter II. Revocation, Suspension, and Civil Penalties.
25-821. Revocation or suspension — general provisions.
25-822. Mandatory revocation.
25-823. Revocation or suspension for violations of this title or misuse of licensed
premises.
25-824. Revocation when wholesale or retail licensee is subject to undue influence by
manufacturer.
25-825. Revocation when retail licensee is subject to undue interest by wholesaler.
25-826. Summary revocation or suspension.
25-827. Request for suspension or revocation of license by Chief of Police.
25-828. Notice of suspension or revocation.
25-829. Cease and desist orders.
25-830. Civil penalties.
25-831. Penalty for violation where no specific penalty provided; additional penalty for
failure to perform certain required acts.
Subchapter I. Enforcement.
§ 25-801. Authority of the Board to enforce this title; enforcement responsibilities
of ABRA investigators and Metropolitan Police Department.
(a) The Board shall have the authority to enforce the provisions of this title with
respect to licensees and with respect to any person not holding a license and selling
alcohol in violation of the provisions of this title.
(b) Subject to subsection (c) of this section, ABRA investigators and the Metropolitan
Police Department shall issue citations for civil violations of this title that are set
forth in the schedule of civil penalties established under § 25-830.
(c) A citation for any violation for which the penalty includes the suspension of a
license shall be issued under the direct authority of the Board as a result of an
investigation carried out by ABRA investigators.
(d) Prosecutions for misdemeanors under this title shall be prosecuted and initiated by
information filed in the Superior Court of the District of Columbia by the Corporation
Counsel. Prosecutions for felonies under this title shall be prosecuted by the United
States Attorney for the District of Columbia.
(e) Violations committed by an unlicensed person selling alcohol in violation of the
provisions of this title shall be forwarded by the Board to the Corporation Counsel for
prosecution.
§ 25-802. Examination of premises, books, and records.
(a) An applicant for a license, and each licensee, shall allow any member of the Board,
any ABRA investigator, or any member of the Metropolitan Police Department full
opportunity to examine, at any time during business hours:
(1) The premises where an alcoholic beverage is manufactured, kept, sold, or consumed
for which an application for a license has been made or for which a license has been
issued; and
(2) The books and records of the business for which an application for a license has
been made or for which a license has been issued.
(b) ABRA investigators shall examine the premises and books and records of each
licensed establishment in the District at least once each year. The investigators shall
make reasonable efforts to ensure that the licensee will know in advance the date of the
inspection.
§ 25-803. Search warrants for illegal alcoholic beverages; disposition of seized
beverages.
If a search warrant is issued by any judge of the Superior Court of the District of
Columbia or by a United States Magistrate for the District of Columbia for premises where
any alcoholic beverages are manufactured for sale, kept for sale, sold, or consumed in
violation of this title, the alcoholic beverages and any other property designed for use
in connection with the unlawful manufacture for sale, keeping for sale, selling, or
consumption may be seized and shall be subject to such disposition as the court may make
thereof.
§ 25-804. Notifications from DCRA, Fire Department, and Metropolitan Police
Department.
(a) In accordance with procedures that the Mayor shall establish, the Department of
Consumer and Regulatory Affairs and the Fire Department shall promptly notify the Board if
a licensed establishment is the subject of a citation or other enforcement action for a
violation of laws or regulations enforced by these departments.
(b) If a licensed establishment is the subject of an incident report by the
Metropolitan Police Department, the Metropolitan Police Department shall file a copy of
the incident report with the Board. The Board shall make the report available for public
inspection upon request.
§ 25-805. Nuisance.
(a) Any building, ground, or premises where an alcoholic beverage is manufactured,
sold, kept for sale, or permitted to be consumed in violation of this title shall be a
nuisance.
(b) An action to enjoin any nuisance defined in subsection (a) of this section may be
brought in the name of the District of Columbia by the Corporation Counsel in the Civil
Branch of the Superior Court of the District of Columbia against any person conducting or
maintaining such nuisance or knowingly permitting such nuisance to be conducted or
maintained.
Subchapter II. Revocation, Suspension, and Civil Penalties.
§ 25-821. Revocation or suspension — general provisions.
(a) Except as provided in § 25-826, the Board shall not revoke or suspend a license
until the licensee has been given an opportunity to be heard in his or her defense.
(b) If a license is revoked or suspended, no part of the license fee shall be returned.
(c) If the Board revokes a license, no license shall be issued to the same person or
persons whose license is so revoked for any other location for 5 years following the
revocation, except as provided below.
(d) If the Board revokes a manager’s license, a manager’s license shall not be issued
to the same person for 2 years.
(e) Subsection (c) of this section shall not apply to licenses revoked by the Board for
procedural reasons.
(f) The remaining alcoholic beverage stock of a licensee whose license has been revoked
shall be disposed of only with the approval of the Board.
§ 25-822. Mandatory revocation.
The Board shall revoke the license of a licensee as a result of any of the following
events during the period for which the license was issued:
(1) The licensee has been convicted of multiple violations of the terms of this title
or the regulations issued under this title and the penalties set forth in Chapter 8 or
established by the Board require revocation;
(2) The licensee has knowingly permitted, in the licensed establishment (A) the illegal
sale, or negotiations for sale, or the use, of any controlled substance identified in the
CSA, or (B) the possession or sale, or negotiations for sale, of drug paraphernalia in
violation of the CSA or Chapter 6 of Title 33. Successive sales, or negotiations for sale,
over a continuous period of time shall be deemed evidence of knowing permission; or
(3) The licensee has been convicted of a felony.
§ 25-823. Revocation or suspension for violations of this title or misuse of licensed
premises.
The Board may suspend or revoke the license of any licensee during the license period
if:
(1) The licensee violates any of the provisions of this title, the regulations
promulgated under this title, or any other laws if the District;
(2) The licensee allows the licensed establishment to be used for any unlawful or
disorderly purpose; or
(3) The licensee fails to superintend in person, or through a manager approved by the
Board, the business for which the license was issued.
§ 25-824. Revocation when wholesale or retail licensee is subject to undue influence
by manufacturer.
(a) If a manufacturer of alcoholic beverages, whether licensed by this title or not,
shall have such a substantial interest, whether direct or indirect, in the business of a
wholesale or retail licensee or in the premises on which the licensee’s business is
conducted as, in the judgment of the Board, may tend to influence the licensee to purchase
alcoholic beverages from the manufacturer, the Board may revoke the license of the
licensee.
(b) This section shall not apply to the wholesale license held by a person not licensed
as a manufacturer in the District owning an establishment for the manufacture of alcoholic
beverages outside of the District.
§ 25-825. Revocation when retail licensee is subject to undue interest by wholesaler.
If a wholesaler of alcoholic beverages, whether licensed under this title or not, shall
have such a substantial interest, whether direct or indirect, in the business of any
retail licensee or in the premises on which the licensee’s business is conducted as may
tend to influence the licensee to purchase beverages from the wholesaler, the Board may
revoke the license of the licensee.
§ 25-826. Summary revocation or suspension.
(a) If the Board determines, after investigation, that the operations of a licensee
present an imminent danger to the health and safety of the public, the Board may summarily
revoke, suspend, or restrict, without a hearing, the license to sell alcoholic beverages
in the District.
(b) The Board may summarily revoke, suspend, fine, or restrict the license of a
licensee whose establishment has been the scene of an assault on a police officer,
government inspector or investigator, or other governmental official, who was acting in
his or her official capacity, when such assault occurred by patrons who were within 1,000
feet of the establishment.
(c) A licensee may request a hearing within 72 hours after service of notice of the
summary revocation, suspension, fine, or restriction of a license. The Board shall hold a
hearing within 48 hours of receipt of a timely request and shall issue a decision within
72 hours after the hearing.
(d) A person aggrieved by a final summary action may file an appeal in accordance with
the procedures set forth in Subchapter I of Chapter 15 of Title 1.
§ 25-827. Request for suspension or revocation of license by Chief of Police.
(a) The Chief of Police may request the suspension or revocation of a license if the
Chief of Police determines that there is a correlation between increased incidents of
crime within 1,000 feet of the establishment and the operation of the establishment. The
determination shall be based on objective criteria, including incident reports, arrests,
and reported crime, occurring within the preceding 18 months and within 1,000 feet of the
establishment.
(b) The Chief of Police may close an establishment for the remainder of the business
day if he or she believes that continued operation presents an imminent danger to the
health, safety, or welfare of the public.
§ 25-828. Notice of suspension or revocation.
(a) If the Board orders the suspension or revocation of a license, the Board shall post
a notice in a conspicuous place at or near the main street entrance of the outside of the
establishment.
(b) The posted notice shall state that the license has been suspended, the period of
the suspension, and that the suspension is ordered because of a violation of this title or
of the regulations promulgated under this title.
§ 25-829. Cease and desist orders.
(a) If the Board or the Mayor, after investigation but before a hearing, has cause to
believe that a person is violating any provision of this title and the violation has
caused, or may cause, immediate and irreparable harm to the public, the Board or the Mayor
may issue an order requiring the alleged violator to cease and desist immediately from the
violation. The order shall be served by certified mail or delivery in person.
(b)(1) The alleged violator may, within 15 days after the service of the order, submit
a written request to the Board to hold a hearing on the alleged violation.
(2) Upon receipt of a timely request, the Board shall conduct a hearing in accordance
with the procedures set forth in Subchapter I of Chapter 15 of Title I and issue a
decision within 90 days after the hearing.
(c)(1) The alleged violator may, within 10 days after the service of an order, submit a
written request to the Board for an expedited hearing on the alleged violation.
(2) Upon receipt of a timely request for an expedited hearing, the Board shall conduct
a hearing within 10 days after the date of receiving the request and shall deliver to the
alleged violator at his or her last known address a written notice of the hearing by any
means guaranteed to be received at least 5 days before the hearing date.
(3) The Board shall issue a decision within 30 days after an expedited hearing.
(d) If a request for a hearing is not made under subsections (b) and (c) of this
section, the order of the Board or the Mayor shall be final.
(e) If, after a hearing, the Board determines that the alleged violator is not in
violation of this title, the Board shall revoke the order.
(f) If a person fails to comply with a lawful order of the Board or the Mayor under
this section, the Board may petition the Superior Court of the District of Columbia for an
order compelling compliance or take any other action authorized by this subchapter.
§ 25-830. Civil Penalties.
(a) Within 90 days after the effective date of the Title 25, D.C. Code Enactment and
Related Amendments Act of 2000, passed on 2nd reading on December 19, 2000 (Enrolled
version of Bill 13-449), the Board shall submit proposed regulations setting forth a
schedule of civil penalties ("schedule") for violations of this title to the
Council for a 60-day period of review, including Saturdays, Sundays, holidays, and periods
of Council recess. If the Counci does not approve, in whole or in part, the proposed
regulations by resolution with the 60-day review period, the regulations shall be deem
disapproved. The schedule shall replace all civil penalties, except as expressly provided
in this title.
(b) The schedule shall be prepared in accordance with the following provisions:
(1) The schedule shall contain 2 tiers that reflect the severity of the violation for
which the penalty is imposed:
(A) The primary tier shall apply to more severe violations, including service to minors
or violation of hours of sale or service of alcoholic beverages.
(B) The secondary tier shall apply to less severe violations, including the failure to
post required signs.
(2) A subsequent violation in the same tier, whether a violation of the same provision
or different one, shall be treated as a repeat violation for the purposes of imposing an
increased penalty; provided, that all secondary tier infractions cited by ABRA
investigators or Metropolitan Police Department Officers, during a single investigation or
inspection on a single day, shall be deemed to be one secondary tier violation for the
purposes of determining repeat violations under this section.
(c)(1) For primary tier violations, the penalties shall be no less than the following:
(A) For the first violation, no less than $1,000;
(B) For the second violation within 2 years, no less than $2,000; and
(C) For the third violation within 3 years, no less than $4,000;
(2) A licensee who has been found in violation of no more than 3 secondary tier
violations and who is subsequently found in violation of a primary tier violation shall be
penalized according to a first primary tier violation.
(3) A licensee found in violation of a primary tier offense for the fourth time within
4 years shall have the license revoked.
(d)(1) For secondary tier violations, the penalties shall be no less than the
following:
(A) For the first violation, no less than $250.
(B) For the second violation within 2 years, no less than $500.
(C) For the third violation within 3 years, no less than $750.
(2) 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. Every
subsequent secondary tier offense within 5 years of the first violation shall be fined
according to the schedule for primary tier violations.
(e) The Board may specify violations for which a licensee may be given a warning before
the issuance of a citation for a first violation.
(f) The Board or the Council may amend the schedule. An amendment by the Board shall be
submitted to the Council for its approval in accordance with subsection (a) of this
section.
(g) The schedule and any amendments to the schedule shall be published in the District
of Columbia Register and promulgated by the procedure adopted under § 25-211(e).
(h) Penalties or fines assessed under this chapter shall be credited to the General
Fund of the District of Columbia.
§ 25-831. Penalty for violation where no specific penalty provided; additional penalty
for failure to perform certain required acts.
(a) A person who violates any of the provisions of this title, or regulations under
this title, for which no specific penalty is provided shall be guilty of a misdemeanor
and, upon conviction, shall be punished by a fine of not more than $1,000, or imprisoned
for not more than one year, or both.
(b) Any person required to file a return or report or perform any act under the
provisions of this title who wilfully fails or refuses to file the return or report or
perform the act within the time required shall be guilty of a misdemeanor and, upon
conviction, shall be fined not more than $5,000, or imprisoned for not more than 3 years,
or both. The penalty provided herein shall be in addition to other penalties provided by
this title.
(c) Violations of this section which are misdemeanors shall be prosecuted on
information filed in the Superior Court of the District of Columbia by the Corporation
Counsel. Violations of this subsection which are felonies shall be prosecuted by the
United States Attorney for the District of Columbia.
(d) A civil fine may be imposed as an alternative sanction for any violation of this
title for which no specific penalty is provided, or any rules or regulations issued under
the authority of this title, under Subchapters I through III of Chapter 27 of Title 6.
Adjudication of an infraction of this chapter shall be under Subchapters I through III of
Chapter 27 of Title 6.
CHAPTER 9. TAXES.
Sec.
25-901. Taxes to be levied, collected, and paid on alcoholic beverages except beer.
25-902. Taxes to be levied, collected, and paid on beer.
25-903. Collection of tax.
25-904. Importation permit and tax requirements.
25-905. Common carrier licenses and tax requirements.
25-906. Exemption from tax.
25-907. Mayor’s responsibility in determining, redetermining, assessing, or reassessing
any tax.
25-908. Collection of tax by OTR Director.
25-909. Refund of tax erroneously or illegally collected.
25-910. Judicial review of tax determination or denial of refund claim.
25-911. Seizure and forfeiture of alcoholic beverages and vehicles for which taxes have
not been paid.
§ 25-901. Taxes to be levied, collected, and paid on alcoholic beverages except beer.
There shall be levied, collected, and paid on all of the following alcoholic beverages
(1) manufactured by the licensee under a manufacturer’s license, (2) imported or brought
into the District by a licensee under a wholesaler’s license, except alcoholic beverages
as may be sold to a dealer licensed under the laws of any state or territory of the United
States and not licensed under this title, and (3) imported or brought into the District by
a licensee under a retailer’s license, a tax at the following rates to be paid by the
licensee in the manner hereinafter provided:
(A) A tax of $.30 on every wine-gallon of wine containing 14% or less of alcohol by
volume, other than champagne, sparkling wine, and any wine artificially carbonated, and a
proportionate tax at the same rate on all fractional parts of such gallon;
(B) A tax of $.40 on every wine-gallon of wine containing more than 14% of alcohol by
volume, other than champagne, sparkling wine, and any wine artificially carbonated, and a
proportionate tax at the same rate on all fractional parts of such gallon;
(C) A tax of $.45 on every wine-gallon of champagne, sparkling wine, and any wine
artificially carbonated, and a proportionate tax at the same rate on all fractional parts
of such gallon;
(D) A tax of $1.50 on every wine-gallon of spirits, and a proportionate tax at the same
rate on all fractional parts of such gallon; and
(E) A tax of $1.50 on every wine-gallon of all other alcoholic beverages, and a
proportionate tax at the same rate on all fractional parts of such gallon.
§ 25-902. Taxes to be levied, collected, and paid on beer.
(a) There shall be levied, collected, and paid a tax of $2.79 on every barrel of beer
containing not more than 31 gallons, and at the same rate for any other quantity or for
the fractional parts thereof, on all beer that is:
(1) Sold by the licensee under a manufacturer’s or wholesaler’s license, except beer as
(A) may have been purchased from a licensee under this title, or (B) may be sold to a
dealer licensed under the laws of any state or territory of the United States and not
licensed under this title;
(2) Purchased for resale by the licensee under a retailer’s license, except beer as may
have been purchased from a licensee under this title; or
(3) Brewed or produced by the licensee under a brew pub permit and transferred for
consumption at the licensee’s restaurant or tavern.
(b)(1) Taxes shall be determined before the beer is dispensed into a container for
consumption. A licensee under a brew pub permit shall have a suitable method for measuring
the volume of beer, such as a meter or gauge glass.
(2) If the licensee under a brew pub permit uses one or more tanks for tax
determination:
(A) Taxes shall be determined each time beer is added to a tax- determination tank; and
(B) The licensee under a brew pub permit may never simultaneously pump into and out of
a tax-determination tank.
(3) Beer consumed by employees and visitors at the licensee’s restaurant or tavern
shall be beer on which the tax has been paid or determined.
§ 25-903. Collection of tax.
(a) Taxes on alcoholic beverages shall be collected by, and paid to, the Deputy Chief
Financial Officer for Tax and Revenue of the Office of Tax and Revenue, or any successor
("OTR Director") and shall be deposited in the Treasury of the United States to
the credit of the District.
(b) Each licensee identified in §§ 25-901 and 25-902 shall, before the 16th day of
each month, furnish to the OTR Director, on a form to be prescribed by the OTR Director, a
statement under oath showing the quantity of alcoholic beverage subject to taxation sold
by the licensee during the preceding calendar month and shall, before the 16th day of each
month, pay to the OTR Director the tax imposed thereon.
§ 25-904. Importation permit and tax requirements.
The Board shall not issue an importation permit until the taxes imposed by this chapter
have been paid for the alcoholic beverages for which the permit is requested.
§ 25-905. Common carrier licenses and tax requirements.
(a) In the case of a passenger-carrying marine vessel operating in and beyond the
District or a club car or a dining car on a railroad operating in and beyond the District
for which a retailer’s license has been issued under this title, the tax as specified in
§ 25-901 shall be paid on all taxable beverages as are sold and served by the licensee
while passing through or when at rest in the District, in the following manner:
(1) A record shall be made and retained by the licensee of all alcoholic beverages sold
and served in the District.
(2) Each licensee shall, before the 11th day of each month, file with the OTR Director,
on a form to be prescribed by the OTR Director, a statement under oath, showing the
quantity of each kind of alcoholic beverage, except beer and wine, sold under the license
in the District during the preceding calendar month and shall pay the tax imposed thereon.
§ 25-906. Exemption from tax.
No tax shall be levied and collected on any alcoholic beverage exempt from tax under
the laws of the United States, or on any alcohol sold for nonbeverage purposes by the
licensee under a manufacturer’s or wholesaler’s license in accordance with the regulations
promulgated by the Council.
§ 25-907. Mayor’s responsibility in determining, redetermining, assessing, or
reassessing any tax.
(a) The Mayor shall determine, redetermine, assess, or reassess any tax imposed under
this chapter, as follows:
(1) In the case of a fraudulent return or a failure to file a return, whether in good
faith or otherwise, the tax may be assessed at any time.
(2) If the tax is determined to be due from any person other than a licensee under this
title, the tax may be assessed at any time.
(3) In the case of an incorrect return, the tax shall be assessed within 5 years after
the filing of such return.
(4)(A) If a return required by this title is not filed, if the return, when filed, is
incorrect or insufficient, or if the tax has been determined to be due from a licensee or
any other person, the amount of tax due shall be determined by the Mayor from such
information as may be obtainable.
(B) Notice of the determination shall be given to the licensee or any person required
to file a return or pay the tax.
(C) The notice shall state that the licensee or other person shall have not less than
30 days after the notice is sent within which to file a protest with the Mayor and show
cause or reason why the amount of tax determined to be due should not be paid.
(D) If a protest is not filed within the 30-day period, the tax due, as determined by
the Mayor, shall be final.
(E) If a protest is filed within the 30-day period, a hearing shall be conducted by the
Mayor, a final decision thereon shall be made, and notice of the decision and a statement
of taxes determined to be due shall be sent by registered or certified mail to the last
known address of the person liable for the payment of the tax.
(b)(1) A licensee or other person required to file a return or pay the tax, who fails
to file the return, fails to file a correct return, or fails to pay the tax to the
District within the time required by this chapter, shall be subject to (A) a penalty of 5%
of the tax due for each month or fraction thereof that the failure continues, not to
exceed 25% in the aggregate, plus (B) interest at the rate of 1 1/2% per month on the
amount of the tax for each month or fraction thereof during which the failure continues.
(2) If the Mayor determines that the delay was due to reasonable cause, the Mayor may
waive all or any part of the penalty, interest, or both.
(3) Unpaid penalty and interest shall be collected in the same manner as the tax
imposed by this chapter.
(4) The penalty and interest provided for in this section shall be applicable to any
tax determined as a deficiency.
(c) The tax imposed by this chapter, and interest and penalties thereon, shall become,
from the time due and payable, a personal debt of the person liable to pay the same to the
District. For the purposes of this subsection, the term "person" shall include
any officer, and any employee or former employee, of a corporation responsible for the
payment of the tax and any member or former member of a partnership, limited liability
company, or association, and any employee or former employee, of a partnership, limited
liability company, or association responsible for the payment of the tax.
§ 25-908. Collection of tax by OTR Director.
(a) The taxes imposed by this chapter and penalties and interest thereon shall be
collected by the OTR Director in the manner provided by law for the collection of taxes
due to the District on personal property in force at the time of such collection. The
liens for the taxes imposed by this chapter and penalties and interest thereon may be
acquired in the same manner that liens for personal property taxes are acquired.
(b) If the OTR Director believes that the collection of a tax imposed by this chapter
will be jeopardized by delay, the OTR Director shall, whether or not the time otherwise
prescribed by law for filing the return or for paying the tax has expired, immediately
assess the tax, plus all interest and penalties, the assessment of which is provided by
law. The tax, penalties, and interest shall be immediately due and payable and immediate
notice and demand shall be made by the OTR Director for payment.
(c) Upon failure or refusal to pay the tax, penalty, or interest, the OTR Director may
collect the tax by distraint.
§ 25-909. Refund of tax erroneously or illegally collected.
(a) If any tax has been erroneously or illegally collected by the District, the tax
shall be refunded if application under oath is filed with the OTR Director for such refund
within 3 years from the payment of the tax.
(b) The application shall be made by the person upon whom the tax was imposed and who
has actually paid the tax.
(c) Application for a refund under this section shall be deemed an application for a
revision of tax, penalty, or interest and the OTR Director may receive evidence on the
application. After making a determination of whether the refund shall be made, the OTR
Director shall notify the applicant of the determination.
§ 25-910. Judicial review of tax determination or denial of refund claim.
A person aggrieved by a final determination of tax or by a denial of a claim for refund
(other than a refund of tax finally determined in § 25-909) may, within 6 months from the
date of assessment of the deficiency or from the date of the denial of a claim for refund,
appeal to the Superior Court of the District of Columbia in the same manner and to the
same extent as set forth in §§ 47-3303, 47-3304, 47-3306, 47-3307, and 47-3308.
§ 25-911. Seizure and forfeiture of alcoholic beverages and vehicles for which taxes
have not been paid.
(a) Notwithstanding the provisions of § 25-803, if the taxes levied and imposed on
alcoholic beverages by this chapter which have not been paid as required by this chapter,
such alcoholic beverages shall be declared contraband goods and shall be forfeited to the
District in accordance with the procedure set forth in this section. The Mayor may seize
any such alcoholic beverages wherever they are found.
(b) If the Mayor has knowledge or reason to suspect that a vehicle is carrying
alcoholic beverages or contains any alcoholic beverages in violation of the regulations
contained in this title concerning the importation of alcoholic beverages, the Mayor may
stop the vehicle and inspect it for alcoholic beverages on which the taxes levied and
imposed by this chapter have not been paid. If such alcoholic beverages are found, the
alcoholic beverages and the vehicle shall be declared contraband goods, shall be seized,
and shall be forfeited to the District; provided, that the following vehicles shall not be
subject to forfeiture under this section:
(1) A vehicle used by a person as a common carrier in the transaction of business as a
common carrier, unless it appears that the owner or other person in charge of the vehicle
was a consenting party or privy to the violation on account of which the vehicle was
seized.
(2) A vehicle that is subject to seizure and forfeiture under this section by reason of
an act committed or omission established by the owner thereof, which act was committed or
omitted by any person other than the owner while the vehicle was unlawfully in the
possession of a person other than the owner, in violation of the criminal laws of the
United States, the District, or any other state.
(c) All property which is seized under subsection (a) or (b) of this section shall be
placed under seal or removed to a place designated by the Mayor. A libel action in the
name of the District property shall be prosecuted against the property in the Superior
Court of the District of Columbia by the Corporation Counsel. Unless good cause is shown
to the contrary, the property shall be forfeited to the District.
(d) The property shall not be subject to replevin, but shall be deemed to be in the
custody of the Mayor, subject only to the orders, decrees, and judgments of the court.
(e) Notwithstanding the provisions of this section, if the property is subject to
seizure and forfeiture on account of failure to comply with the provisions of this title
and the Mayor determines that the failure was excusable, the Mayor may return the property
to the owner.
(f) If the Mayor determines that any property seized is liable to perish or become
greatly reduced in price or value by keeping the property until the completion of
forfeiture proceedings, the Mayor may:
(1) Appraise the property and return it to the owner thereof upon the payment of any
tax due under this chapter and receipt of a satisfactory bond in an amount equal to the
appraised value, which bond may be used to satisfy the final order, decree, or judgment of
the court; or
(2) If the owner neglects or refuses to pay the tax and provide the bond, sell the
property in the manner provided by the Mayor by regulation and pay the proceeds of the
sale, after deducting the reasonable costs of the seizure and sale, to the court to
satisfy its final order, decree, or judgment.
(g) After the final order, decree, or judgment is made, forfeited property shall be
sold in the same manner as personal property seized for the payment of District taxes. The
proceeds of the sale shall be deposited in the General Fund of the District of Columbia.
If there is a bona fide prior lien against the forfeited property, the proceeds of the
sale of the property shall be applied in the following priority:
(1) The payment of any tax due under this chapter and all expenses incident to the
seizure, forfeiture, and sale of the property;
(2) The payment of the lien; and
(3) The remainder shall be deposited with the D.C. Treasurer; provided, that no payment
of a lien shall be made if the lienor was a consenting party or privy to the violation of
this title for which the property was seized and forfeited. To the extent necessary, liens
against forfeited property shall, on good cause shown by the lienor, be transferred from
the property to the proceeds of the sale of the property.
CHAPTER 10. LIMITATIONS ON CONSUMERS.
Sec.
25-1001. Drinking of alcoholic beverage in public place prohibited; intoxication
prohibited.
25-1002. Purchase, possession or consumption by persons under 21; misrepresentation of
age; penalties.
25-1003. Prohibition on beverage storage containers in the DC Arena.
25-1004. Prohibition on use of watercraft under certain conditions.
25-1005. Prohibition on use of watercraft under certain conditions — consent to testing.
25-1006. Prohibition on use of watercraft under certain conditions — preliminary testing;
admissibility of test results.
25-1007. Prohibition on use of watercraft under certain conditions — penalties.
25-1008. Prima facie evidence of intoxication.
25-1009. Operation of locomotive, streetcar, elevator, or horse-drawn vehicle by
intoxicated person prohibited.
§ 25-1001. Drinking of alcoholic beverage in public place prohibited; intoxication
prohibited.
(a) Except as provided in subsections (b) and (c) of this section, no person in the
District shall drink an alcoholic beverage or possess in an open container an alcoholic
beverage in or upon any of the following places:
(1) A street, alley, park, sidewalk, or parking area;
(2) A vehicle in or upon any street, alley, park, or parking area;
(3) A premises not licensed under this title where food or nonalcoholic beverages are
sold or entertainment is provided for compensation;
(4) Any place to which the public is invited and for which a license to sell alcoholic
beverages has not been issued under this title;
(5) Any place to which the public is invited for which a license to sell alcoholic
beverages has been issued under this title at a time when the sale of alcoholic beverages
on the premises is prohibited by this title or by the regulations promulgated under this
title; or
(6) Any place licensed under a club license at a time when the consumption of the
alcoholic beverages on the premises is prohibited by this title or by regulations
promulgated under this title.
(b) Subsection (a)(1) of this section shall not apply if drinking or possession of an
alcoholic beverage occurs:
(1) In or on a structure which projects upon the parking, and which is an integral,
structural part, of a private residence, such as a front porch, terrace, bay window, or
vault; and
(2) By, or with the permission of, the owner or resident.
(c) No person, whether in or on public or private property, shall be intoxicated and
endanger the safety of himself, herself, or any other person or property.
(d) Any person violating the provisions of subsection (a) or (c) of this section shall
be guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not more
than $500, or imprisoned for not more than 90 days, or both. [check with Sharon.]
(e) Any person in the District who is intoxicated in public and who is not conducting
himself or herself in such manner as to endanger the safety of himself, herself, or of any
other person or of property shall be treated in accordance with Chapter 5 of Title 24.
§ 25-1002. Purchase, possession or consumption by persons under 21; misrepresentation
of age; penalties.
(a) No person who is under 21 years of age shall purchase, attempt to purchase,
possess, or drink an alcoholic beverage in the District, except as provided under
Subchapter IX of Chapter 7.
(b)(1) No person shall falsely represent his or her age, or possess or present as proof
of age an identification document which is in any way fraudulent, for the purpose of
purchasing, possessing, or drinking an alcoholic beverage in the District.
(2) No person shall present a fraudulent identification document for the purpose of
entering an establishment possessing an on-premises retailer’s license, an Arena C/X
license, or a temporary license.
(3) For the purpose of determining valid representation of age, each person shall be
required to present to the establishment owner or representative at least one form of
valid identification, which shall have been issued by an agency of government (local,
state, federal, or foreign) and shall contain the name, date of birth, signature, and
photograph of the individual.
(c) Any person under 21 years of age who falsely represents his or her age for the
purpose of purchasing, possessing, or drinking an alcoholic beverage shall be deemed
guilty of a misdemeanor and, upon conviction, shall be fined for each offense not more
than $300; provided, that in default in the payment of the fine, the person shall be
imprisoned for a period not exceeding 30 days.
(d) In addition to the penalties provided in subsection (c) of this section, any person
who violates any provision of this section shall be subject to the following penalties:
(1) Upon the first violation, his or her driving privileges in the District shall be
suspended for 90 consecutive days;
(2) Upon the second violation, his or her driving privileges in the District shall be
suspended for 180 days; and
(3) Upon the third violation and each subsequent violation, his or her driving
privileges in the District shall be suspended for one year.
(e)(1) As an alternative sanction to the misdemeanor penalties provided in subsection
(c) of this section, a person who violates subsection (a) or (b) of this section shall be
subject to the following civil penalties:
(A) Upon the first violation, a penalty of $300;
(B) Upon the second violation, a penalty of $600; and
(C) Upon the third and subsequent violations, a penalty of $1,000 and the suspension of
his or her driving privileges in the District for one year.
(2) ABRA inspectors or officers of the Metropolitan Police Department may enforce the
provisions of this subsection by issuing a notice of civil infraction for a violation of
subsections (a) or (b) of this section in accordance with Chapter 7 of Title 6. A
violation of this subsection shall be adjudicated under Chapter 7 of Title 6.
§ 25-1003. Prohibition on beverage storage containers in the DC Arena.
(a) No person shall bring, or have in his or her possession, anywhere on the premises
of the DC Arena, including space referred to in section § 25-114, a container used to
hold or store beverages or liquids of any kind, including bottles and cans.
(b) This section shall not apply to a person licensed by the Board to possess, sell,
give away, transport, or store alcoholic beverages or containers on the premises of the DC
Arena; to an employee or agency acting for any such duly authorized or licensed person; or
to a container provided on the premises of the DC Arena by the lessee or its
concessionaires and tenants.
§ 25-1004. Prohibition on use of watercraft under certain conditions.
(a) No person shall operate or be in physical control of any vessel or watercraft,
including water skis, aquaplane, sailboard, personal water craft, or similar device in the
District, if:
(1) The person’s blood contains (A) .08 % or more, by weight, of alcohol, or (B) .48
micrograms or more of alcohol are contained in one milliliter of the person’s breath,
consisting of substantially alveolar air;
(2) The person’s urine contains .13 % or more, by weight, of alcohol; or
(3) The person is under the influence of intoxicating liquor or any controlled
substance or a combination thereof.
(b) A person under 21 years of age shall not operate or be in physical control of any
vessel or watercraft, including water skis, aquaplane, sailboard, personal watercraft, or
a similar device in the District if the person’s blood, breath, or urine contains any
measurable amount of alcohol.
(c) No person shall operate or be in physical control of any vessel or watercraft while
the person is impaired by the consumption of intoxicating liquor.
(d) For the purposes of this section and §§ 25-1005 through 25-1007, the term
"controlled substance" has the same meaning as set forth in § 33-501(4).
(e) The Harbor Master shall be directly responsible for enforcing this section and
shall ensure that the public is made aware of the District’s aggressive enforcement policy
through a continual public awareness campaign.
§ 25-1005. Prohibition on use of watercraft under certain conditions — consent to
testing.
(a) If there is a reasonable suspicion to believe that the person is operating or in
physical control of any vessel or watercraft while under the influence of, or intoxicated
by, alcohol or a controlled substance, he or she shall be deemed to have given consent for
2 chemical tests of the person’s blood, urine, or breath for the purpose of determining
the person’s blood-alcohol or drug content. If a person refuses to submit to a chemical
test under this section, the Superior Court of the District of Columbia shall order the
person not to operate any vessel or watercraft for at least one year.
(b) The arresting police officer or any other appropriate law enforcement official
shall elect which chemical test shall be administered to the person; provided, that the
person may object to a particular test on valid religious or medical grounds.
(c) The test shall be administered at the direction of a police officer or other
appropriate law enforcement official.
(d) Chemical tests shall be performed on all operators involved in a fatal accident. If
a person who operates or is in physical control of any vessel or watercraft is declared
dead by competent authority, the person shall be deemed to have given his or her consent
to chemical tests as soon as practical after the death has been declared to be the result
of a fatal accident.
(e) The refusal to submit to either of the 2 tests required in this section shall be
admissible in any civil or criminal proceeding arising as a result of the acts alleged to
have been committed by the person before the arrest. A refusal to submit to any test as
required by this section shall constitute a misdemeanor and, upon conviction, shall be
punished by a $500 fine, imprisonment of 90 days, or both.
§ 25-1006. Prohibition on use of watercraft under certain conditions — preliminary
testing; admissibility of test results.
(a) A law enforcement officer who has reasonable grounds to believe that a person is or
has been violating any provision of this section, without making an arrest or issuing a
citation, may request the person to submit to a preliminary breath test, to be
administered by the officer, who shall use a device which the Mayor has by rule approved
for that purpose. Before administering the test, the officer shall advise the person to be
tested that the results of the test will be used to aid in the officer’s decision whether
or not to arrest the person.
(b) The results of a preliminary test shall not be used as evidence by the District in
any prosecution and shall not be admissible in any judicial proceedings; provided, that
the results of the test may be used, and shall be admissible, in any judicial proceeding
in which the validity of the arrest or the conduct of the officer is an issue.
(c) The admissibility of all test results shall be governed by § 40-717.2.
§ 25-1007. Prohibition on use of watercraft under certain conditions — penalties.
(a) A person violating § 25-1004 (a) or (b) shall be guilty of a misdemeanor and:
(1) Upon conviction for the first offense, shall be fined an amount not to exceed $500,
imprisoned for not more than 90 days, or both;
(2) Upon conviction for a second offense within a 15-year period, shall be fined an
amount not to exceed $5,000, imprisoned for not more than one year, or both; and
(3) Upon conviction for a third or subsequent offense within a 15-year period, shall be
fined an amount not to exceed $10,000, imprisoned for not more than one year, or both.
(b) A person violating § 25-1004(c) shall be guilty of a misdemeanor and:
(1) Upon conviction for the first offense, shall be fined an amount not to exceed $300,
imprisoned for not more than 30 days, or both;
(2) Upon conviction for a second offense within a 15-year period, shall be fined an
amount not to exceed $1,000, imprisoned for not more than 90 days, or both; and
(3) Upon conviction for the third or subsequent offense within a 15-year period, shall
be fined an amount not to exceed $5,000, imprisoned for not more than one year, or both.
§ 25-1008. Prima facie evidence of intoxication.
(a) If a person is tried in any court of competent jurisdiction within the District for
operating a vessel or watercraft in violation of § 25-1004 or manslaughter committed in
the operation of a vessel or watercraft in violation of § 22-2405, the following
standards shall apply to competent evidence based upon a chemical test:
(1) If (A) at the time of operation, the defendant’s blood contained less than .05% by
weight, of alcohol, (B) defendant’s urine contained less than .06%, by weight, of alcohol,
or (C) at the time of the test, less than .24 micrograms of alcohol were contained in one
milliliter of his or her breath, consisting of substantially alveolar air, this evidence
shall not establish a presumption that the defendant was or was not, at the time, under
the influence of intoxicating liquor, but it may be considered with other competent
evidence in determining whether the defendant was under the influence of intoxicating
liquor.
(2) If (A) at the time of operation, the defendant’s blood contained .05% or more, by
weight of alcohol, (B) defendant’s urine contained .06% or more, by weight of alcohol, or
(C) at the time of the test .24 micrograms or more of alcohol were contained in one
milliliter of his or her breath, consisting of substantially alveolar air, this evidence
shall constitute prima facie proof that the defendant was, at the time, under the
influence of intoxicating liquor or the defendant’s ability to operate a vessel was
impaired by the consumption of intoxicating liquor.
§ 25-1009. Operation of locomotive, streetcar, elevator, or horse-drawn vehicle by
intoxicated person prohibited.
(a) No person shall be intoxicated while in charge of or operating a locomotive; acting
as a conductor or brakeman of a car or train of cars; or operating a streetcar, or
horse-drawn vehicle.
(b) A person violating the provisions of this section shall be guilty of a misdemeanor
and, upon conviction, shall be punished by a fine of not more than $300, or by
imprisonment for not longer than 3 months, or both.
(c) Nothing herein contained shall be construed as repealing or modifying §§ 40-301
through 40-303, 40-713, 40-731, 40-735, and 40-743.
(d) Civil penalties and fees may be imposed as alternative sanctions for any violation
of this section in accordance with the procedures under Chapter 27 of Title 6.
TITLE II. RELATED AMENDMENTS.
Sec. 201. Section 1108(c)(2)(I) of the District of Columbia Government Comprehensive
Merit Personnel Act of 1978, effective March 3, 1979 (D.C. Law 2-139; D.C. Code § 1-
612.8(c)(2)(I)), is amended to read as follows:
"(I) Alcoholic Beverage Control Board members shall be entitled to compensation at
the hourly rate of $25 per meeting, not to exceed $6,000 for each board member per
year.".
Sec. 202. Section 8(b) of the Alcoholic Beverage Control and Rules Reform Amendment Act
of 1994, effective March 24, 1994 (D.C. Law 10-122; 23 DCMR § 904.6), is repealed.
Sec. 203. Chapter 3 of Title 23 of the District of Columbia Municipal Regulations is
amended as follows:
(a) Subsection 302.9 is amended to read as follows:
"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 pm on weekdays, allowing alcohol products to be
served on licensed outdoor patios which are part of the licensee’s premises.".
(b) A new subsection 306.11 is added to read as follows:
"306.11. As of December 19, 2000, and at any time during the pending or renewed
effective dates of the East Dupont Moratorium Zone established by this section, current
holders of a retailer’s license Class A, B, C, or D within the East 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, the prior owner or
occupant of which has not held within the last five (5) years a retailer’s license Class
A, B, C, or D, or which has had a certificate of occupancy or building permit held in the
name of any person other than the current holder of a retailer’s license Class A, B, C, or
D within the East Dupont Moratorium Zone at any time within a period of five (5) years.
Nothing in this section shall prohibit the Board from approving any application pending
prior to December 19, 2000, subject to the requirements of Title 25 of the District of
Columbia Code.".
(c) A new subsection 307.11 is added to read as follows:
"307.11. As of December 19, 2000, and at any time during the pending or renewed
effective dates of the West Dupont Moratorium Zone established by this section, current
holders 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, the prior owner or
occupant of which has not held within the last five (5) years a retailer’s license Class
A, B, C, or D, or which has had a certificate of occupancy or building permit held in the
name of any person other than the current holder of a retailer’s license Class A, B, C, or
D within the West Dupont Moratorium Zone at any time within a period of five (5) years.
Nothing in this section shall prohibit the Board from approving any application pending
prior to December 19, 2000, subject to the requirements of Title 25 of the District of
Columbia Code.".
TITLE III. FISCAL IMPACT STATEMENT.
Sec. 301. The Council adopts the attached fiscal impact statement as the fiscal impact
statement required by section 602(c)(3) of the District of Columbia Home Rule Act,
approved December 24, 1973 (87 Stat. 813; D.C. Code § 1-233(c)(3)).
TITLE IV. EFFECTIVE DATE.
Sec. 401. This act shall take effect following approval by the Mayor (or in the event
of veto by the Mayor, action by the Council to override the veto), approval by the
Financial Responsibility and Management Assistance Authority as provided in section 203(a)
of the District of Columbia Financial Responsibility and Management Assistance Act of
1995, approved April 17, 1995 (109 Stat. 116; D.C. Code § 47-392.3(a)), a 30-day period
of Congressional review as provided in section 602(c)(1) of the District of Columbia Home
Rule
Act, approved December 24, 1973 (87 Stat. 813; D.C. Code § 1-233(c)(1)), and
publication in the District of Columbia Register.
Chairman
Council of the District of Columbia
Mayor
District of Columbia