For the purposes of this title, the term:
(1) "ABRA" means the Alcoholic Beverage Regulation Administration established by § 25-202.
(2) "ABRA Fund" means the Alcoholic Beverage Regulation Administration Fund 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. Official Code § 1-207.38.
(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 Chapters 1 and 4 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.
(15A) "Cooperative agreement" shall have the same meaning, and is synonymous with, voluntary agreement, as defined in paragraph (54) of this section.
(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 9 of Title 48.
(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.
(21A) "Entertainment" means live music or any other live performance by an actual person, including live bands, karaoke, comedy shows, poetry readings, and disc jockeys. The term "entertainment" shall not include the operation of a jukebox, a television, a radio, or other prerecorded music.
(21B) "Farm winery" means a winery where at least 51% of the fresh fruits or agricultural products used by the owner or lessee to manufacture the wine shall be grown or produced on such farm.
(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. Gross annual receipts are subject to audit and examination under § 25-802.
(24A) "Gross annual food sales" means the total amount of food sold during the most recent one-year accounting period. Gross annual food sales are subject to audit and examination under § 25-802.
(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.
(37A) "Pool buying agent" means the licensed vendor who is registered by the pool buying group with the Alcoholic Beverage Regulation Administration.
(37B) "Pool buying group" means a group of 2 or more licensees under an on-premises restaurant license (R), as defined in § 25-113(b), who have been approved by the Alcoholic Beverage Regulation Administration to consolidate orders for alcoholic beverages ordered through a licensed pool buying agent from any lawful source in a single order.
(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 shall:
(A)(i) Be regularly ready, willing, and able to prepare and serve food, have a kitchen which shall be regularly open, have a menu in use, have sufficient food on hand to serve the patrons from the menu, and have proper staff present to prepare and serve the food;
(ii) Be held out to and known by the public as primarily a food-service establishment;
(iii) Have all advertising and signs emphasize food rather than alcoholic beverages or entertainment;
(iv) Be open regular hours that are clearly marked with no unusual barriers to entry (such as cover charges or membership requirements);
(v) Have its kitchen facilities open until at least 2 hours before closing;
(vi) Obtain an entertainment endorsement prior to offering entertainment, charging a cover, or offering facilities for dancing;
(vii) If possessing an entertainment endorsement, be permitted to charge a cover and advertise entertainment, but shall not primarily advertise drink specials;
(viii) Be permitted to have recorded and background music without obtaining an entertainment endorsement;
(ix) Not have nude performances; and
(x) Have annual gross food sales of $1500 or $2000 per occupant (as determined by the establishment's Board-approved certificate of occupancy), depending on license class; or
(B)(i) Have adequate kitchen and dining facilities;
(ii) Keep its kitchen facilities open until 2 hours before closing;
(iii) Obtain an entertainment endorsement prior to offering entertainment, charging a cover, or having facilities for dancing;
(iv) Be permitted to have recorded and background music without obtaining an entertainment endorsement;
(v) Not have nude performances; and
(vi) Have the sale of food account for at least 45% of the establishment's gross annual receipts.
(C) Any licensee operating under a C/R, D/R, C/H, or D/H license who is not in compliance with the food sales requirements of this paragraph as of [September 30, 2004], shall be permitted to maintain its current license and operations for a period of 2 years from [September 30, 2004]; provided, that there is no substantial change in operations during that period without a substantial change application.
(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.
(48A) "Southeast Federal Center" means the area as defined in section 2 of the Southeast Federal Center Public-Private Development Act of 2000, approved November 1, 2000 (Pub. L. No. 106-407; 114 Stat. 1758), and Chapter 18 of Title 11 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 offer facilities for dancing for patrons only with an entertainment endorsement and may have recorded and background music without an entertainment endorsement; 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) Repealed.
(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.
(Jan. 24, 1934, 48 Stat. 319, ch. 4, § 3; Aug. 27, 1935, 49 Stat. 897, ch. 756, § 1; Dec. 8, 1970, 84 Stat. 1393, Pub. L. 91-535, § 1; Apr. 18, 1978, D.C. Law 2-73, § 3, 24 DCR 7066; Sept. 29, 1982, D.C. Law 4-157, §§ 2, 15, 29 DCR 3617; Mar. 10, 1983, D.C. Law 4-204, § 2, 30 DCR 185; Aug. 2, 1983, D.C. Law 5-16, § 2, 30 DCR 3193; May 23, 1986, D.C. Law 6- 119, § 2, 33 DCR 2447; Mar. 7, 1987, D.C. Law 6-217, § 2, 34 DCR 907; Aug. 17, 1991, D.C. Law 9-40, § 2(a), 38 DCR 4974; Oct. 3, 1992, D.C. Law 9-174, § 2(a), 39 DCR 5859; Sept. 11, 1993, D.C. Law 10-12, § 2(a), 40 DCR 4020; May 24, 1994, D.C. Law 10-122, § 2(a), 41 DCR 1658; Apr. 12, 1997, D.C. Law 11-258, § 2(a), 44 DCR 1421; Mar. 26, 1999, D.C. Law 12-202, § 2(a), 45 DCR 8412; Mar. 26, 1999, D.C. Law 12-206, § 2(a), 45 DCR 8430; May 3, 2001, D.C. Law 13-298, § 101, 48 DCR 2959; Oct. 3, 2001, D.C. Law 14-28, § 3002(a), 48 DCR 6981; Oct. 1, 2002, D.C. Law 14-190, § 1702(a), 49 DCR 6968; Sept. 30, 2004, D.C. Law 15-187, §§ 301(b), 401(b), 51 DCR 6525; Mar. 2, 2007, D.C. Law 16-191, § 47(b), 53 DCR 6794; July 18, 2008, D.C. Law 17-201, § 2(b), 55 DCR 6289; Mar. 3, 2010, D.C. Law 18-111, § 2082(n)(1), 57 DCR 181; July 2, 2011, D.C. Law 18-378, § 3(f), 58 DCR 1720; Oct. 20, 2011, D.C. Law 19-23, § 2(a), 58 DCR 6509.)
HISTORICAL AND STATUTORY NOTES
D.C. Law 13-298 amended and enacted into law Title 25 of the District of Columbia Official Code. The text of this section is derived from provisions formerly found in D.C. Code § 25-103.
Prior Codifications
1981 Ed., § 25-101.
1973 Ed., § 25-103.
Effect of Amendments
D.C. Law 14-28 rewrote par. (2) which had read as follows:
"(2) 'ABRA Account' means the Alcoholic Beverage Regulation Administration Account established by § 25-210".
D.C. Law 14-190 added par. (15A).
D.C. Law 15-187 added par. (21A); in par. (24), added "Gross annual receipts are subject to audit and examination under § 25-802." at the end of the paragraph'; added pars. (24A), (37A) and (37B); rewrote par. (43); and in subpar. (52)(B), substituted "offer facilities for dancing for patrons only with an entertainment endorsement and may have recorded and background music without an entertainment endorsement" for "may allow dancing for its patrons only". Prior to amendment, par. (43) had read as follows:
"(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."
D.C. Law 16-191, in par. (43)(C), substituted "this paragraph" for "§ 25- 101(43)".
D.C. Law 17-201 added par. (21B).
D.C. Law 18-111 repealed par. (55), which had read as follows:
"(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."
D.C. Law 18-378, in par. (15), substituted "Chapters 1 and 4 of Title 29" for "Chapter 3 of Title 29" .
D.C. Law 19-23 added par. (48A).
Temporary Amendments of Section
Temporary amendment of section: Section 2(a) of D.C. Law 12-48 added (29).
Section 5(b) of D.C. Law 12-48 provides that the act shall expire after 225 days of its having taken effect.
Section 2 of D.C. Law 17-46, in par. (43)(C), substituted "2 years and 6 months" for "2 years".
Section 4(b) of D.C. Law 17-46 provides that the act shall expire after 225 days of its having taken effect.
Section 2(a) of D.C. Law 18-346 added par. (48A) to read as follows:
"(48A) 'Southeast Federal Center' means the area as defined in section 2 of the Southeast Federal Center Public-Private Development Act of 2000, approved November 1, 2000 (Pub. L. No. 106-407; 114 Stat. 1758), and Chapter 18 of Title 11 of the District of Columbia Municipal Regulations.".
Section 4(b) of D.C. Law 18-346 provides that the act shall expire after 225 days of its having taken effect.
Emergency Act Amendments
For temporary amendment of section, see § 2(a) of the Underage Drinking Emergency Amendment Act of 1994 (D.C. Act 10-236, April 28, 1994, 41 DCR 2601).
For temporary amendment of section, see § 2(a) of the Alcoholic Beverage Control DC Arena Emergency Amendment Act of 1997 (D.C. Act 12-121, August 1, 1997, 44 DCR 4645), § 2(a) of the Alcoholic Beverage Control DC Arena Congressional Recess Emergency Amendment Act of 1998 (D.C. Act 12-290, February 27, 1998, 45 DCR 1749), § 2(a) of the Alcoholic Beverage Control DC Arena Emergency Amendment Act of 1998 (D.C. Act 12-478, October 28, 1998, 45 DCR 8010), and § 2(a) of the Alcoholic Beverage Control DC Arena Second Emergency Amendment Act of 1998 (D.C. Act 12-551, December 24, 1998, 45 DCR 517).
For temporary amendment of § 5 of the Alcoholic Beverage Control DC Arena Second Emergency Amendment Act of 1998 (D.C. Act 12-551, December 24, 1998, 45 DCR 517), see § 3 of the Omnibus Regulatory Reform and Alcoholic Beverage Control DC Arena Clarifying Emergency Amendment Act of 1999 (D.C. Act 13-1, January 29, 1999, 46 DCR 2284).
For temporary (90 day) amendment of section, see §§ 2702(a) and 2703 of Fiscal Year 2002 Budget Support Emergency Act of 2001 (D.C. Act 14-124, August 3, 2001, 48 DCR 7861).
For temporary (90 day) amendment of section, see § 1702(a) of Fiscal Year 2003 Budget Support Emergency Act of 2002 (D.C. Act 14-453, July 23, 2002, 49 DCR 8026).
For temporary (90 day) amendment of section, see § 2 of Restaurant and Hotel Audit Sufficiency Emergency Act Of 2007 (D.C. Act 17-77, July 26, 2007, 54 DCR 7630).
For temporary (90 day) amendment of section, see § 2 of Restaurant and Hotel Audit Sufficiency Congressional Review Emergency Act of 2007 (D.C. Act 17-202, November 26, 2007, 54 DCR ).
For temporary (90 day) amendment of section, see § 2082(n)(1) of Fiscal Year 2010 Budget Support Second Emergency Act of 2009 (D.C. Act 18-207, October 15, 2009, 56 DCR 8234).
For temporary (90 day) amendment of section, see § 2082(n)(1) of Fiscal Year Budget Support Congressional Review Emergency Amendment Act of 2009 (D.C. Act 18-260, January 4, 2010, 57 DCR 345).
For temporary (90 day) amendment of section, see § 2(a) of Southeast Federal Center/Yards Non-Discriminatory Grocery Store Emergency Act of 2010 (D.C. Act 18-674, December 28, 2010, 58 DCR 130).
Legislative History of Laws
Law 2-73, the "Third Amendment to the Revenue Act for Fiscal Year 1978 and Other Purposes," was introduced in Council and assigned Bill No. 2-206, which was referred to the Committee on Finance and Revenue. The Bill was adopted on first, amended first, and second readings on November 22, 1977, December 6, 1977 and January 10, 1978, respectively. Signed by the Mayor on February 9, 1978, it was assigned Act No. 2-149 and transmitted to both Houses of Congress for its review.
Law 4-157, the "Alcoholic Beverage Control Amendments Act of 1982," was introduced in Council and assigned Bill No. 4-218, which was referred to the Committee on Public Services and Consumer Affairs. The Bill was adopted on first and second readings on June 8, 1982, and July 6, 1982, respectively. Signed by the Mayor on July 29, 1982, it was assigned Act No. 4-231 and transmitted to both Houses of Congress for its review.
Law 4-204, the "Alcoholic Beverage Control Amendments Temporary Act of 1982," was introduced in Council and assigned Bill No. 4-534, which was referred to the Committee on Public Services and Consumer Affairs. The Bill was adopted on first and second readings on November 16, 1982, and December 14, 1982, respectively. Signed by the Mayor on December 28, 1982, it was assigned Act No. 4-288 and transmitted to both Houses of Congress for its review.
Law 5-16, the "District of Columbia Election Code of 1955 and Related Election Practices Amendments Act of 1983," was introduced in Council and assigned Bill No. 5-52, which was referred to the Committee on Consumer and Regulatory Affairs. The Bill was adopted on first and second readings on May 10, 1983, and May 24, 1983, respectively. Signed by the Mayor on June 9, 1983, it was assigned Act No. 5-33 and transmitted to both Houses of Congress for its review.
Law 6-119, the "Alcoholic Beverage Control Act Temporary Amendment Act of 1986," was introduced in Council and assigned Bill No. 6-392, which was retained by CounciL. The Bill was adopted on first and second readings on March 11, 1986 and March 25, 1986, respectively. Signed by the Mayor on April 8, 1986, it was assigned Act No. 6-154 and transmitted to both Houses of Congress for its review.
Law 6-217, the "District of Columbia Alcoholic Beverage Control Act Reform Amendment Act of 1986," was introduced in Council and assigned Bill No. 6-504, which was referred to the Committee on Consumer and Regulatory Affairs. The Bill was adopted on first and second readings on November 25, 1986 and December 16, 1986, respectively. Signed by the Mayor on January 15, 1987, it was assigned Act No. 6-277 and transmitted to both Houses of Congress for its review.
Law 9-40, the "District of Columbia Alcoholic Beverage Control Act Brew Pub License Amendment Act of 1991," was introduced in Council and assigned Bill No. 9-68, which was referred to the Committee on Consumer and Regulatory Affairs. The Bill was adopted on first and second readings on June 4, 1991, and July 2, 1991, respectively. Signed by the Mayor on July 24, 1991, it was assigned Act No. 9-77 and transmitted to both Houses of Congress for its review.
For legislative history of D.C. Law 9-174, see Historical and Statutory Notes following § 25-434.
For legislative history of D.C. Law 10-12, see Historical and Statutory Notes following § 25-753.
For legislative history of D.C. Law 10-122, see Historical and Statutory Notes following § 25-785.
Law 11-258, the "Alcohol Beverage Control Act Private Club Exception Amendment Act of 1996," was introduced in Council and assigned Bill No. 11-505, which was referred to the Committee on Consumer and Regulatory Affairs. The Bill was adopted on first and second readings on November 7, 1996, and December 3, 1996, respectively. Signed by the Mayor on December 24, 1996, it was assigned Act No. 11-525 and transmitted to both Houses of Congress for its review. D.C. Law 11-258 became effective on April 12, 1997.
Law 12-48, the "Alcoholic Beverage Control DC Arena Temporary Amendment Act of 1997," was introduced in Council and assigned Bill No. 12-293. The Bill was adopted on first and second readings on July 1, 1997, and September 22, 1997, respectively. Signed by the Mayor on October 3, 1997, it was assigned Act No. 12-167 and transmitted to both Houses of Congress for its review. D.C. Law 12- 48 became effective on February 26, 1998.
Law 12-202, the "Alcoholic Beverage Control DC Arena Amendment Act of 1998," was introduced in Council and assigned Bill No. 12-294, which was referred to the Committee on Consumer and Regulatory Affairs. The Bill was adopted on first and second readings on July 7, 1998, and September 22, 1998, respectively. Signed by the Mayor on October 13, 1998, it was assigned Act No. 12-488 and transmitted to both Houses of Congress for its review. D.C. Law 12- 202 became effective on March 26, 1999.
Law 12-206, the "Opened Alcoholic Beverage Containers Amendment Act of 1998," was introduced in Council and assigned Bill No. 12-612, which was referred to the Committee on Consumer and Regulatory Affairs. The Bill was adopted on first and second readings on July 7, 1998, and September 22, 1998, respectively. Signed by the Mayor on October 14, 1998, it was assigned Act No. 12-493 and transmitted to both Houses of Congress for its review. D.C. Law 12- 206 became effective on March 26, 1999.
Law 13-298, the "Title 25, D.C. Code Enactment and Related Amendments Act of 2001," was introduced in Council and assigned Bill No. 13-449, which was referred to the Committee on Consumer and Regulatory Affairs. The Bill was adopted on first and final readings on December 5, 2000, and January 23, 2001, respectively. Signed by the Mayor on February 9, 2001, it was assigned Act No. 13-603 and transmitted to both Houses of Congress for its review. D.C. Law 13- 298 became effective on May 3, 2001.
Law 14-28, the "Fiscal Year 2002 Budget Support Act of 2001", was introduced in Council and assigned Bill No. 14-144, which was referred to the Committee Of the Whole. The Bill was adopted on first and second readings on May 1, 2001, and June 5, 2001, respectively. Signed by the Mayor on June 29, 2001, it was assigned Act No. 14-85 and transmitted to both Houses of Congress for its review. D.C. Law 14-28 became effective on October 3, 2001.
Law 14-190, the "Fiscal Year 2003 Budget Support Act of 2002", was introduced in Council and assigned Bill No. 14-609, which was referred to the Committee of the Whole. The Bill was adopted on first and second readings on May 7, 2002, and June 4, 2002, respectively. Signed by the Mayor on July 3, 2002, it was assigned Act No. 14-403 and transmitted to both Houses of Congress for its review. D.C. Law 14-190 became effective on October 1, 2002.
Law 15-187, the "Omnibus Alcoholic Beverage Amendment Act 2004", was introduced in Council and assigned Bill No. 15-516, which was referred to the Committee on Consumer and Regulatory Affairs. The Bill was adopted on first and second readings on April 20, 2004, and May 18, 2004, respectively. Signed by the Mayor on June 23, 2004, it was assigned Act No. 15-442 and transmitted to both Houses of Congress for its review. D.C. Law 15-187 became effective on September 30, 2004.
Law 16-191, the "Technical Amendments Act of 2006", was introduced in Council and assigned Bill No. 16-760, which was referred to the Committee of the whole. The Bill was adopted on first and second readings on June 20, 2006, and July 11, 2006, respectively. Signed by the Mayor on July 31, 2006, it was assigned Act No. 16-475 and transmitted to both Houses of Congress for its review. D.C. Law 16-191 became effective on March 2, 2007.
Law 17-201, the "Omnibus Alcoholic Beverage Amendment Act of 2008", was introduced in Council and assigned Bill No.17-528 which was referred to the Committee on Public Works and Environment. The Bill was adopted on first and second readings on April 1, 2008, and May 6, 2008, respectively. Signed by the Mayor on May 23, 2008, it was assigned Act No. 17-398 and transmitted to both Houses of Congress for its review. D.C. Law 17-201 became effective on July 18, 2008.
Law 18-111, the "Fiscal Year 2010 Budget Support Act of 2009", was introduced in Council and assigned Bill No. 18-203, which was referred to the Committee on the Whole. The bill was adopted on first and second readings on May 12, 2009, and September 22, 2009, respectively. Signed by the Mayor on December 18, 2009, it was assigned Act No. 18-255 and transmitted to both Houses of Congress for its review. D.C. Law 18-111 became effective on March 3, 2010.
Law 18-378, the "District of Columbia Official Code Title 29 (Business Organizations) Enactment Act of 2009", was introduced in Council and assigned Bill No. 18-500, which was referred to the Committee on Public Services and Consumer Affairs. The Bill was adopted on first and second readings on December 7, 2010, and December 21, 2010, respectively. Signed by the Mayor on February 27, 2011, it was assigned Act No. 18-724 and transmitted to both Houses of Congress for its review. D.C. Law 18-378 became effective on July 2, 2011.
Law 19-23, the "Southeast Federal Center/Yards Non-Discriminatory Grocery Store Act of 2011", was introduced in Council and assigned Bill No. 19-22, which was referred to the Committee of the Whole and the Committee on Health Services. The Bill was adopted on first and second readings on June 21, 2011, and July 12, 2011, respectively. Signed by the Mayor on July 28, 2011, it was assigned Act No. 19-100 and transmitted to both Houses of Congress for its review. D.C. Law 19-23 became effective on October 20, 2011.
References in Text
The effective date of the Omnibus Alcoholic Beverage Amendment Act of 2004, passed on 2nd reading on May 18, 2004 (Enrolled version of Bill 15-516), referred to in subpar. (C) of par. (43), is September 30, 2004.
Miscellaneous Notes
D.C. Law 14-28, § 3003 provides that: "This title [Title XXX of Law 14-28] shall apply as of May 3, 2001."
Short title of title XVII of Law 14-190: Section 1701 of D.C. Law 14-190 provided that title XVII of the act may be cited as the Alcoholic Beverage Regulation Act of 2002.
Sections 402 and 403 of D.C. Law 15-187 provide:
"Sec. 402. Rules and regulations.
"The Mayor shall promulgate proposed rules and regulations to administer this title within 180 days of its effective date. The proposed rules and regulations, as well as any subsequent rules and regulations amending this title, shall be submitted to the Council for a 45-day period of review, excluding Saturdays, Sundays, legal holidays, and days of Council recess, If the Council does not approve or disapprove the rules and regulations, in whole or in part, by resolution with the 45-day review period, the proposed rules and regulations shall be deemed approved.
"Sec. 403. Applicability.
"Section 401 shall apply upon the effective date of the regulations promulgated under section 402."
(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.
(e)(1) No person shall sell or transfer alcoholic beverages between members of a pool buying group, except for the combination of individual orders and the placement of a pool order with a distributor.
(2) To effectuate convenience or economies of delivery of pool orders, a pool member other than the buying agent may transfer to another pool member any portion of the alcoholic beverages ordered by the transferee retailer as part of the single transaction pool purchase; provided, that:
(A) The acquisition of alcoholic beverage product is recorded on an invoice maintained by both participating retailers for 3 years and the invoice includes:
(i) That the transferee retailer has properly ordered the alcoholic beverages as part of the pool order;
(ii) The date of acquisition;
(iii) The business names and addresses, the license names, and numbers of both licenses involved; and
(iv) The resale certificate number of the licensee acquiring the products for resale; and
(B) The transfer is being made without cost or charge by the transferor retailer of any nature whatsoever.
(3) A transfer pursuant to this subsection shall be made within 7 days of the pool delivery without any cost or charge whatsoever to the transferee retailer.
(Jan. 24, 1934, 48 Stat. 323, ch. 4, § 9; June 29, 1953, 67 Stat. 102, ch. 159, § 404(b); Sept. 29, 1982, D.C. Law 4-157, § 5, 29 DCR 3617; Feb. 24, 1987, D.C. Law 6-192, § 26(b), 33 DCR 7836; May 3, 2001, D.C. Law 13- 298, § 101, 48 DCR 2959; Sept. 30, 2004, D.C. Law 15-187, § 401(c), 51 DCR 6525.)
HISTORICAL AND STATUTORY NOTES
D.C. Law 13-298 amended and enacted into law Title 25 of the District of Columbia Official Code. The text of this section is derived from provisions formerly found in D.C. Code § 25-109(a), (b).
Prior Codifications
1981 Ed., § 25-102.
1973 Ed., § 25-109.
Effect of Amendments
D.C. Law 15-187 added subsec. (e).
Legislative History of Laws
For D.C. Law 13-298, see notes following § 25-101.
For legislative history of D.C. Law 4-157, see Historical and Statutory Notes following § 25-101.
For legislative history of D.C. Law 6-192, see Historical and Statutory Notes following § 25-211.
For Law 15-187, see notes following § 25-101.
Miscellaneous Notes
Sections 402 and 403 of D.C. Law 15-187 provide:
"Sec. 402. Rules and regulations.
"The Mayor shall promulgate proposed rules and regulations to administer this title within 180 days of its effective date. The proposed rules and regulations, as well as any subsequent rules and regulations amending this title, shall be submitted to the Council for a 45-day period of review, excluding Saturdays, Sundays, legal holidays, and days of Council recess, If the Council does not approve or disapprove the rules and regulations, in whole or in part, by resolution with the 45-day review period, the proposed rules and regulations shall be deemed approved.
"Sec. 403. Applicability.
"Section 401 shall apply upon the effective date of the regulations promulgated under section 402."
(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.
(Jan. 24, 1934, 48 Stat. 323, ch. 4, §§ 8, 9; June 29, 1953, 67 Stat. 102, ch. 159, § 404(b); Sept. 29, 1982, D.C. Law 4-157, § 5, 29 DCR 3617; Feb. 24, 1987, D.C. Law 6-192, § 26(b), 33 DCR 7836; Apr. 9, 1997, D.C. Law 11-255, § 21(a), 44 DCR 1271; May 3, 2001, D.C. Law 13-298, § 101, 48 DCR 2959.)
HISTORICAL AND STATUTORY NOTES
D.C. Law 13-298 amended and enacted into law Title 25 of the District of Columbia Official Code. The text of this section is derived from provisions formerly found in D.C. Code §§ 25-108 and 25-109(c)-(f). For notes from former § 25-109, see § 25-102.
Prior Codifications
1981 Ed., § 25-103.
1973 Ed., §§ 25-108, 25-109.
Legislative History of Laws
For D.C. Law 13-298, see notes following § 25-101.
For legislative history of D.C. Law 4-157, see Historical and Statutory Notes following § 25-101.
For legislative history of D.C. Law 6-192, see Historical and Statutory Notes following § 25-211.
Law 11-255, the "Second Technical Amendments Act of 1996," was introduced in Council and assigned Bill No. 11-905, which was referred to the Committee of the Whole. The Bill was adopted on first and second readings on November 7, 1996, and December 3, 1996, respectively. Signed by the Mayor on December 24, 1996, it was assigned Act No. 11-519 and transmitted to both Houses of Congress for its review. D.C. Law 11-255 became effective on April 9, 1997.
(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 3 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, other than limited liability companies, shall not be issued a license other than a temporary license.
(Jan. 24, 1934, 48 Stat. 324, ch. 4, §§ 10, 13; Aug. 24, 1935, 49 Stat. 900, ch. 756, § 8; June 29, 1953, 67 Stat. 103, ch. 159, § 404(c); Dec. 8, 1970, 84 Stat. 1394, Pub. L. 91-535, § 5; Oct. 26, 1977, D.C. Law 2-27, § 2, 24 DCR 3720; Mar. 5, 1981, D.C. Law 3-157, § 2(c), 27 DCR 5117; July 26, 1986, D.C. Law 6-130, § 2, 33 DCR 3405; Mar. 7, 1987, D.C. Law 6-217, § 8, 34 DCR 907; May 24, 1994, D.C. Law 10-122, § 2(d), 41 DCR 1658; May 3, 2001, D.C. Law 13-298, § 101, 48 DCR 2959; Oct. 1, 2002, D.C. Law 14-190, § 1702(b), 49 DCR 6968; Sept. 30, 2004, D.C. Law 15-187, § 101(a), 51 DCR 6525.)
HISTORICAL AND STATUTORY NOTES
D.C. Law 13-298 amended and enacted into law Title 25 of the District of Columbia Official Code. The text of this section is derived from provisions formerly found in D.C. Code §§ 25-110 and 25-114(a), (e).
Prior Codifications
1981 Ed., § 25-104.
1973 Ed., §§ 25-110, 25-114.
Effect of Amendments
D.C. Law 14-190 rewrote subsec. (f) which had read as follows:
"(f) Unincorporated associations shall be not be issued a license.
D.C. Law 15-187, in subsec. (b), substituted "a term of 3 years" for "a term of 2 years".
Emergency Act Amendments
For temporary (90 day) amendment of section, see § 1702(b) of Fiscal Year 2003 Budget Support Emergency Act of 2002 (D.C. Act 14-453, July 23, 2002, 49 DCR 8026).
Legislative History of Laws
For D.C. Law 13-298, see notes following § 25-101.
Law 2-27, the "Variable Licensing Periods Act of 1977," was introduced in Council and assigned Bill No. 2-126, which was referred to the Committee on Public Services and Consumer Affairs. The Bill was adopted on first and second readings on June 28, 1977 and July 12, 1977, respectively. Signed by the Mayor on August 1, 1977, it was assigned Act No. 2-61 and transmitted to both Houses of Congress for its review.
For legislative history of D.C. Law 3-157, see Historical and Statutory Notes following § 25-211.
Law 6-130, the "Wholesale Liquor Industry Storage Act of 1986," was introduced in Council and assigned Bill No. 6-329, which was referred to the Committee on Consumer and Regulatory Affairs. The Bill was adopted on first, amended first and second readings on April 15, 1986, April 29, 1986 and May 13, 1986, respectively. Signed by the Mayor on May 29, 1986, it was assigned Act No. 6- 168 and transmitted to both Houses of Congress for its review.
For legislative history of D.C. Law 6-217, see Historical and Statutory Notes following § 25-101.
For legislative history of D.C. Law 10-122, see Historical and Statutory Notes following § 25-785.
For Law 14-190, see notes following § 25-101.
For Law 15-187, see notes following § 25-101.
