(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 or to a consumer. The licensee may sell spirits to the consumer only in barrels and sealed bottles, which shall not be opened after sale or the contents consumed on the premises where sold.
(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.
(Jan. 24, 1934, 48 Stat. 324, ch. 4, § 11; Apr. 30, 1934, 48 Stat. 654, ch. 181, § 1; June 18, 1934, 48 Stat. 997, ch. 588; July 2, 1935, 49 Stat. 444, ch. 359; Aug. 27, 1935, 49 Stat. 898, 899, ch. 756, §§ 3-7; June 15, 1938, 52 Stat. 691, ch. 396, §§ 1, 2; May 27, 1949, 63 Stat. 133, ch. 146, title V, § 501; June 29, 1953, 67 Stat. 103, ch. 159, § 404(d); May 31, 1962, 76 Stat. 89, Pub. L. 87-470, § 1; Dec. 8, 1970, 84 Stat. 1393, Pub. L. 91-535, § 2; Apr. 6, 1977, D.C. Law 1-102, § 2(a), (b), 23 DCR 8732; Apr. 18, 1978, D.C. Law 2-73, § 3, 24 DCR 7066; Mar. 5, 1981, D.C. Law 3-157, § 2(b), 27 DCR 5117; Sept. 29, 1982, D.C. Law 4-157, §§ 6, 15, 29 DCR 3617; Mar. 10, 1983, D.C. Law 4-204, § 2, 30 DCR 185; Aug. 2, 1983, D.C. Law, 5-16, § 3, 30 DCR 3193; Mar. 8, 1984, D.C. Law 5-51, § 2(a), 30 DCR 5927; Mar. 7, 1987, D.C. Law 6-217, § 5, 34 DCR 907; Aug. 17, 1991, D.C. Law 9-40, § 2(b), 38 DCR 4974; May 24, 1994, D.C. Law 10-122, § 2(e), 41 DCR 1658; Mar. 26, 1999, D.C. Law 12-202, § 2(b), 45 DCR 8412; Apr. 20, 1999, D.C. Law 12-261, § 2003(q)(1), 46 DCR 3142; May 3, 2001, D.C. Law 13- 298, § 101, 48 DCR 2959; Sept. 20, 2012, D.C. Law 19-168, § 2112(a), 59 DCR 8025.)
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 § 25-111(a)(1), (2).
Prior Codifications
1981 Ed., § 25-110.
1973 Ed., § 25-111.
Effect of Amendments
D.C. Law 19-168, in subsec. (a)(1)(A)(ii), substituted "of the United States for resale or to a consumer. The licensee may sell spirits to the consumer only in barrels and sealed bottles, which shall not be opened after sale or the contents consumed on the premises where sold." for "of the United States for resale.".
Temporary Amendments of Section
Section 2(b) of D.C. Law 12-48, in (a), substituted "23" for "22" in the introductory language; and added (7)(G-i).
Section 5(b) of D.C. Law 12-48 provides that the act shall expire after 225 days of its having taken effect.
Emergency Act Amendments
For temporary amendment of section, see § 2(b)(2) of the Alcoholic Beverage Control DC Arena Emergency Amendment Act of 1997 (D.C. Act 12-121, August 1, 1997, 44 DCR 4645), § 2(b) of the Alcoholic Beverage Control DC Arena Legislative Review Emergency Amendment Act of 1997 (D.C. Act 12-174, October 30, 1997, DCR 6914), § 2(b) 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(b) 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(b) 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).
Legislative History of Laws
For D.C. Law 13-298, see notes following § 25-101.
Law 1-102, the "Standing Up Service Act," was introduced in Council and assigned Bill No. 1-329, which was referred to the Committee on Public Services and Consumer Affairs. The Bill was adopted on first and second readings on September 15, 1976 and October 12, 1976, respectively. Signed by the Mayor on November 8, 1976, it was assigned Act No. 1-171 and transmitted to both Houses of Congress for its review.
For legislative history of D.C. Law 2-73, see Historical and Statutory Notes following § 25-101.
For legislative history of D.C. Law 3-157, see Historical and Statutory Notes following § 25-211.
For legislative history of D.C. Law 4-157, see Historical and Statutory Notes following § 25-101.
For legislative history of D.C. Law 4-204, see Historical and Statutory Notes following § 25-101.
For legislative history of D.C. Law 5-16, see Historical and Statutory Notes following § 25-101.
For legislative history of D.C. Law 5-51, see Historical and Statutory Notes following § 25-206.
For legislative history of D.C. Law 6-217, see Historical and Statutory Notes following § 25-101.
For legislative history of D.C. Law 9-40, 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 legislative history of D.C. Law 12-48 and D.C. Law 12-202, see Historical and Statutory Notes following § 25-101.
Law 12-261, the "Second Omnibus Regulatory Reform Amendment Act of 1998," was introduced in Council and assigned Bill No. 12-845, which was referred to the Committee of the Whole. The Bill was adopted on first and second readings on December 1, 1998, and December 15, 1998, respectively. Signed by the Mayor on December 31, 1998, it was assigned Act No. 12-615 and transmitted to both Houses of Congress for its review. D.C. Law 12-261 became effective on April 20, 1999.
Law 19-168, the "Fiscal Year 2013 Budget Support Act of 2012", was introduced in Council and assigned Bill No. 19-743, which was referred to the Committee of the Whole. The Bill was adopted on first and second readings on May 15, 2012, and June 5, 2012respectively. Signed by the Mayor on June 22, 2012, it was assigned Act No. 19-385 and transmitted to both Houses of Congress for its review. D.C. Law 19-168 became effective on September 20, 2012.
Miscellaneous Notes
Short title: Section 2111 of D.C. Law 19-168 provided that subtitle L of title II of the act may be cited as "Distillery Manufacturer's Tasting Permit and Consumer Sales Act of 2012".
(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.
(Jan. 24, 1934, 48 Stat. 324, ch. 4, § 11; Apr. 30, 1934, 48 Stat. 654, ch. 181, § 1; June 18, 1934, 48 Stat. 997, ch. 588; July 2, 1935, 49 Stat. 444, ch. 359; Aug. 27, 1935, 49 Stat. 898, 899, ch. 756, §§ 3-7; June 15, 1938, 52 Stat. 691, ch. 396, §§ 1, 2; May 27, 1949, 63 Stat. 133, ch. 146, title V, § 501; June 29, 1953, 67 Stat. 103, ch. 159, § 404(d); May 31, 1962, 76 Stat. 89, Pub. L. 87-470, § 1; Dec. 8, 1970, 84 Stat. 1393, Pub. L. 91-535, § 2; Apr. 6, 1977, D.C. Law 1-102, § 2(a), (b), 23 DCR 8732; Apr. 18, 1978, D.C. Law 2-73, § 3, 24 DCR 7066; Mar. 5, 1981, D.C. Law 3-157, § 2(b), 27 DCR 5117; Sept. 29, 1982, D.C. Law 4-157, §§ 6, 15, 29 DCR 3617; Mar. 10, 1983, D.C. Law 4-204, § 2, 30 DCR 185; Aug. 2, 1983, D.C. Law, 5-16, § 3, 30 DCR 3193; Mar. 8, 1984, D.C. Law 5-51, § 2(a), 30 DCR 5927; Mar. 7, 1987, D.C. Law 6-217, § 5, 34 DCR 907; Aug. 17, 1991, D.C. Law 9-40, § 2(b), 38 DCR 4974; May 24, 1994, D.C. Law 10-122, § 2(e), 41 DCR 1658; Mar. 26, 1999, D.C. Law 12-202, § 2(b), 45 DCR 8412; Apr. 20, 1999, D.C. Law 12-261, § 2003(q)(1), 46 DCR 3142; 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 § 25-111(a)(3), (4). For notes from former § 25-111, see § 25-110.
Prior Codifications
1981 Ed., § 25-111.
1973 Ed., § 25-111.
Legislative History of Laws
For D.C. Law 13-298, see notes following § 25-101.
(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) [Expired]
(3) If the licensee that is a member of a pool buying group, to other members of the same pool buying group any alcoholic beverages if:
(A) A pool member other than the buying agent transfers to another pool member any portion of the alcoholic beverages ordered by the transferee retailer as part of the single transaction pool purchase;
(B) A transfer pursuant to this section is made within 7 days of the pool delivery without any cost or charge whatsoever being made against the transferee retailer;
(C) The acquisition of alcoholic beverage products is recorded in an invoice maintained by both participating retailers for 3 years and includes:
(i) Business name, address, and license number of each licensee;
(ii) Names, sizes, and quantities of the products transferred;
(iii) Date that the delivery of products was received;
(iv) Date that the physical transfer of products was made;
(v) Unique identifier that links the record with a specific pool order; and
(vi) The resale certificate number of the licensee acquiring the products for resale.
(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 3 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.
(Jan. 24, 1934, 48 Stat. 324, ch. 4, § 11; Apr. 30, 1934, 48 Stat. 654, ch. 181, § 1; June 18, 1934, 48 Stat. 997, ch. 588; July 2, 1935, 49 Stat. 444, ch. 359; Aug. 27, 1935, 49 Stat. 898, 899, ch. 756, §§ 3-7; June 15, 1938, 52 Stat. 691, ch. 396, §§ 1, 2; May 27, 1949, 63 Stat. 133, ch. 146, title V, § 501; June 29, 1953, 67 Stat. 103, ch. 159, § 404(d); May 31, 1962, 76 Stat. 89, Pub. L. 87-470, § 1; Dec. 8, 1970, 84 Stat. 1393, Pub. L. 91-535, § 2; Apr. 6, 1977, D.C. Law 1-102, § 2(a), (b), 23 DCR 8732; Apr. 18, 1978, D.C. Law 2-73, § 3, 24 DCR 7066; Mar. 5, 1981, D.C. Law 3-157, § 2(b), 27 DCR 5117; Sept. 29, 1982, D.C. Law 4-157, §§ 6, 15, 29 DCR 3617; Mar. 10, 1983, D.C. Law 4-204, § 2, 30 DCR 185; Aug. 2, 1983, D.C. Law, 5-16, § 3, 30 DCR 3193; Mar. 8, 1984, D.C. Law 5-51, § 2(a), 30 DCR 5927; Mar. 7, 1987, D.C. Law 6-217, § 5, 34 DCR 907; Aug. 17, 1991, D.C. Law 9-40, § 2(b), 38 DCR 4974; May 24, 1994, D.C. Law 10-122, § 2(e), 41 DCR 1658; Mar. 26, 1999, D.C. Law 12-202, § 2(b), 45 DCR 8412; Apr. 20, 1999, D.C. Law 12-261, § 2003(q)(1), 46 DCR 3142; May 3, 2001, D.C. Law 13- 298, § 101, 48 DCR 2959; Sept. 30, 2004, D.C. Law 15-187, §§ 101(b), 401(d), 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 § 25-111(a)(5), (6). For notes from former § 25-111, see § 25-110.
Prior Codifications
1981 Ed., § 25-112.
1973 Ed., § 25-111.
Effect of Amendments
D.C. Law 15-187, in subsec. (c), added par. (3); and in par. (2) of subsec. (e), substituted "each of the 3 years" for "each of the 2 years".
Legislative History of Laws
For D.C. Law 13-298, see notes following § 25-101.
For Law 15-187, see notes following § 25-101.
Editor's Notes
Paragraph (2) of subsection (c) of this section expired 18 months after May 3, 2001.
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)(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. It shall be a secondary tier violation for a restaurant to not keep its kitchen facilities open until 2 hours before closing.
(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)(A) There shall be 2 classes of restaurant licenses:
(i) Class C/R (spirits, wine, and beer); and
(ii) Class D/R (wine and beer).
(B)(i) A class C/R license may be issued to:
(I) An establishment which qualifies as a restaurant under § 25-101(43)(A) and has gross annual food sales of at least $2000 per occupant (as determined by the establishment's Board-approved certificate of occupancy); or
(II) An establishment which qualifies as a restaurant under § 25-101(43)(B).
(ii) A class D/R license may be issued to:
(I) An establishment which qualifies as a restaurant under § 25-101(43)(A) and has gross annual food sales of at least $1500 per occupant (as determined by the establishment's Board-approved certificate of occupancy); or
(II) An establishment which qualifies as a restaurant under § 25-101(43)(B).
(iii) The Board shall, by rule, adjust for inflation the gross annual food sales per occupant requirements established under subparagraphs (B)(i)(I) and (B)(ii)(I) of this paragraph once every 5 years. The first adjustment shall be effective January 1, 2010. In determining the appropriate inflation index to be applied, the Board may consider the inflation indices customarily employed by the federal and District governments for similar purposes.
(4) The Board, in its sound discretion, may require that a restaurant (R) licensee file a security plan with the Board. A restaurant (R) licensee so required shall comply with the terms of its security plan.
(5)(A) Notwithstanding any other provision of this subchapter, a restaurant license (R) under this section shall authorize the licensee to permit a patron to remove one partially consumed bottle of wine for consumption off premises.
(B) A partially consumed bottle of wine that is to be removed from the premises must be securely resealed by the licensee or its employee before removal from the premises.
(C) The partially consumed bottle shall be placed in a bag or other container that is secured in such a manner that it is visibly apparent if the container has been subsequently opened or tampered with, and a dated receipt for the bottle of wine shall be provided by the licensee and attached to the container.
(c)(1) A tavern license (T) shall be issued only for a tavern.
(2) The size of the dance floor in a tavern that does not possess an entertainment endorsement 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).
(4) The Board, in its sound discretion, may require that a tavern (T) licensee file a security plan with the Board. A tavern (T) licensee so required shall comply with the terms of its security plan.
(d)(1) A nightclub license (N) shall be issued only to a nightclub with a security plan. The holder of a nightclub license shall comply with the terms of its security plan.
(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 license.
(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)(A) There shall be 2 classes of hotel licenses:
(i) Class C/H (spirits, beer, and wine); and
(ii) Class D/H (beer and wine).
(B)(i) A class C/H license may be issued to:
(I) An establishment that has annual gross food sales in a hotel dining room of at least $2000 per occupant (as determined by the establishment's Board-approved certificate of occupancy); or
(II) An establishment that has sales of food in a hotel dining room which accounts 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.
(ii) A class D/H license may be issued to:
(I) An establishment that has annual gross food sales in a hotel dining room of at least $1500 per occupant (as determined by the establishment's Board-approved certificate of occupancy); or
(II) An establishment that has sales of food in a hotel dining room which accounts 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.
(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 to legitimate theaters, universities, museums, conference centers, art galleries, or facilities (such as the Lincoln Theatre or the D.C. 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).
(4) The Board, in its sound discretion, may require that a multipurpose facility licensee file a security plan with the Board. A multipurpose facility licensee so required shall comply with the terms of its security plan.
(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 3 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.
(j)(1) Cover charges or the sale of items other than food or beverage shall not be included in determining an establishment's gross annual food sales or whether the sale of food accounts for at least 45% of the establishment's gross annual receipts; provided, that minimum charges that are readily identifiable as food or beverage shall be included in calculating whether the establishment is meeting the food sales requirements set forth in § 25-101(43) and this section.
(2) Off-site food sales by a licensee under a license, class C/R, D/R, C/H, or D/H, shall also not be included for purposes of calculating whether the establishment is meeting the food sales requirement set forth in either § 25-101(43) or this section.
(3)(A) Each licensee under a license, class C/R, D/R, C/H, or D/H, shall keep and maintain on the premises for a period of 3 years adequate books and records showing all sales, purchase invoices, and dispositions, including the following:
(i) Sales information that includes the date, the price of food sold, the price of alcoholic beverages sold, and the amount of total sales;
(ii) Purchase information that includes the date and quantity of the purchase, the name, address, and phone number of the wholesaler and or vendor with the original invoice; and
(iii) Register receipts or guest checks, which may be kept daily or weekly that include the food sold, the alcoholic beverages sold, and the amount of total sales.
(B) Any licensee may file a written request with the Board to have his books and records, except the day to day records or register receipts, kept at an accountant's office or the licensee's office; provided, that the records are made available within 3 days of request by ABRA staff.
(C) The failure of a licensee under a license, class C/R, D/R, C/H, or D/H, to keep and maintain records as required by this section shall be subject to the following penalties:
(i) One-quarter of non-compliance shall result in a penalty not to exceed $3,000 and ABRA monitoring;
(ii) Non-compliance after 2 quarters shall result in a penalty not to exceed $4,500 or license suspension for a period not to exceed 5 days; or
(iii) Non-compliance after 3 or more quarters shall result in a show cause hearing for revocation or a mandatory change in license class.
(D) A violation of this section shall also be a primary tier violation under § 25-830(c).
(Jan. 24, 1934, 48 Stat. 324, ch. 4, § 11; Apr. 30, 1934, 48 Stat. 654, ch. 181, § 1; June 18, 1934, 48 Stat. 997, ch. 588; July 2, 1935, 49 Stat. 444, ch. 359; Aug. 27, 1935, 49 Stat. 898, 899, ch. 756, §§ 3-7; June 15, 1938, 52 Stat. 691, ch. 396, §§ 1, 2; May 27, 1949, 63 Stat. 133, ch. 146, title V, § 501; June 29, 1953, 67 Stat. 103, ch. 159, § 404(d); May 31, 1962, 76 Stat. 89, Pub. L. 87-470, § 1; Dec. 8, 1970, 84 Stat. 1393, Pub. L. 91-535, § 2; Apr. 6, 1977, D.C. Law 1-102, § 2(a), (b), 23 DCR 8732; Apr. 18, 1978, D.C. Law 2-73, § 3, 24 DCR 7066; Mar. 5, 1981, D.C. Law 3-157, § 2(b), 27 DCR 5117; Sept. 29, 1982, D.C. Law 4-157, §§ 6, 15, 29 DCR 3617; Mar. 10, 1983, D.C. Law 4-204, § 2, 30 DCR 185; Aug. 2, 1983, D.C. Law, 5-16, § 3, 30 DCR 3193; Mar. 8, 1984, D.C. Law 5-51, § 2(a), 30 DCR 5927; Mar. 7, 1987, D.C. Law 6-217, § 5, 34 DCR 907; Aug. 17, 1991, D.C. Law 9-40, § 2(b), 38 DCR 4974; May 24, 1994, D.C. Law 10-122, § 2(e), 41 DCR 1658; Mar. 26, 1999, D.C. Law 12-202, § 2(b), 45 DCR 8412; Apr. 20, 1999, D.C. Law 12-261, § 2003(q)(1), 46 DCR 3142; May 3, 2001, D.C. Law 13- 298, § 101, 48 DCR 2959; Sept. 30, 2004, D.C. Law 15-187, §§ 101(c), 301(c), 51 DCR 6525; Apr. 13, 2005, D.C. Law 15-354, § 102(a)(2), 52 DCR 2638; Mar. 2, 2007, D.C. Law 16-191, § 47(c), 53 DCR 6794; July 18, 2008, D.C. Law 17-201, § 2(c), 55 DCR 6289; Mar. 25, 2009, D.C. Law 17-353, § 241, 56 DCR 1117; Mar. 25, 2009, D.C. Law 17-361, § 2(a), 56 DCR 1204; Mar. 3, 2010, D.C. Law 18-111, § 2082(n)(2), 57 DCR 181.)
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(25) and 25-111(a)(7), (8), (13)(D). For notes from former § 25-103, see § 25-101. For notes from former § 25-111, see § 25-110.
Prior Codifications
1981 Ed., § 25-113.
1973 Ed., § 25-111.
Effect of Amendments
D.C. Law 15-187 rewrote par. (3) of subsec. (b); in par. (2) of subsec. (c), substituted "a tavern that does not possess an entertainment endorsement shall" for "a tavern shall"; rewrote pars. (1) and (5) of subsec. (e); rewrote par. (1) of subsec. (g); in par. (3) of subsec. (i), substituted "be valid for 3 years" for "be valid for 2 years"; and added subsec. (j). Prior to amendment, par. (3) of subsec. (b), pars. (1) and (5) of subsec. (e), and par. (1) of subsec. (g) had read as follows:
"(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)."
"(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."
"(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)."
"(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."
D.C. Law 15-354, in subsec. (e)(5)(B), validated a previously made technical correction.
D.C. Law 16-191 substituted "this section" for "§ 25-113".
D.C. Law 17-201 added subsecs. (b)(4), (5), (c)(4), and (g)(4); and rewrote subsec. (d)(1), which had read as follows:
"(d)(1) A nightclub license (N) shall be issued only for a nightclub."
D.C. Law 17-353 validated a previously made technical correction in subsec. (g)(4).
D.C. Law 17-361, in subsec. (b)(1), added the second sentence.
D.C. Law 18-111, in subsec. (g)(1), deleted "the Washington Convention Center," following "(such as".
Emergency Act Amendments
For temporary (90 day) amendment of section, see § 2082(n)(2) 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)(2) of Fiscal Year Budget Support Congressional Review Emergency Amendment Act of 2009 (D.C. Act 18-260, January 4, 2010, 57 DCR 345).
Legislative History of Laws
For D.C. Law 13-298, see notes following § 25-101.
For Law 15-187, see notes following § 25-101.
Law 15-354, the "Technical Amendments Act of 2004", was introduced in Council and assigned Bill No. 15-1130 which was referred to the Committee of the Whole. The Bill was adopted on first and second readings on December 7, 2004, and December 21, 2004, respectively. Signed by the Mayor on February 9, 2005, it was assigned Act No. 15-770 and transmitted to both Houses of Congress for its review. D.C. Law 15-354 became effective on April 13, 2005.
For Law 16-191, see notes following § 25-101.
For Law 17-201, see notes following § 25-101.
Law 17-353, the "Technical Amendments Act of 2008", was introduced in Council and assigned Bill No. 17-994 which was referred to the Committee of the Whole. The Bill was adopted on first and second readings on December 2, 2008, and December 16, 2008, respectively. Signed by the Mayor on January 15, 2009, it was assigned Act No. 17-687 and transmitted to both Houses of Congress for its review. D.C. Law 17-353 became effective on March 25, 2009.
Law 17-361, the "Alcoholic Beverage Enforcement Act of 2008", was introduced in Council and assigned Bill No. 17-983 which was referred to the Committee on Public Works and Environment. The Bill was adopted on first and second readings on December 2, 2008, and December 16, 2008, respectively. Signed by the Mayor on January 16, 2009, it was assigned Act No. 17-696 and transmitted to both Houses of Congress for its review. D.C. Law 17-361 became effective on March 25, 2009.
For Law 18-111, see notes following § 25-101.
(a) All license endorsements shall be placed on the applicant's license.
(b) The licensee under a license, class C/R, D/R, C/H, D/H, C/T, and D/T, shall obtain an entertainment endorsement from the Board to be eligible to have entertainment, a cover charge, or offer facilities for dancing.
(c) The licensee under an on-premises license, class C/R, D/R, C/H, D/H, C/T, D/T, C/N, and D/N, shall obtain a sidewalk cafe endorsement or summer garden endorsement from the Board to be eligible to conduct business operations on a sidewalk cafe or summer garden, which may include the sale, service, and consumption of alcoholic beverages on outdoor public or private space.
(Sept. 30, 2004, D.C. Law 15-187, § 301(c), 51 DCR 6525; designated § 301(d), Apr. 13, 2005, D.C. Law 15-354, § 102(a)(1), 52 DCR 2638.)
HISTORICAL AND STATUTORY NOTES
Legislative History of Laws
For Law 15-187, see notes following § 25-101.
For Law 15-354, see notes following § 25-113.
(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.
(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.
Legislative History of Laws
For D.C. Law 13-298, see notes following § 25-101.
(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 shall be issued for no more than 4 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).
(Jan. 24, 1934, 48 Stat. 324, ch. 4, § 11; Apr. 30, 1934, 48 Stat. 654, ch. 181, § 1; June 18, 1934, 48 Stat. 997, ch. 588; July 2, 1935, 49 Stat. 444, ch. 359; Aug. 27, 1935, 49 Stat. 898, 899, ch. 756, §§ 3-7; June 15, 1938, 52 Stat. 691, ch. 396, §§ 1, 2; May 27, 1949, 63 Stat. 133, ch. 146, title V, § 501; June 29, 1953, 67 Stat. 103, ch. 159, § 404(d); May 31, 1962, 76 Stat. 89, Pub. L. 87-470, § 1; Dec. 8, 1970, 84 Stat. 1393, Pub. L. 91-535, § 2; Apr. 6, 1977, D.C. Law 1-102, § 2(a), (b), 23 DCR 8732; Apr. 18, 1978, D.C. Law 2-73, § 3, 24 DCR 7066; Mar. 5, 1981, D.C. Law 3-157, § 2(b), 27 DCR 5117; Sept. 29, 1982, D.C. Law 4-157, §§ 6, 15, 29 DCR 3617; Mar. 10, 1983, D.C. Law 4-204, § 2, 30 DCR 185; Aug. 2, 1983, D.C. Law, 5-16, § 3, 30 DCR 3193; Mar. 8, 1984, D.C. Law 5-51, § 2(a), 30 DCR 5927; Mar. 7, 1987, D.C. Law 6-217, § 5, 34 DCR 907; Aug. 17, 1991, D.C. Law 9-40, § 2(b), 38 DCR 4974; May 24, 1994, D.C. Law 10-122, § 2(e), 41 DCR 1658; Mar. 26, 1999, D.C. Law 12-202, § 2(b), 45 DCR 8412; Apr. 20, 1999, D.C. Law 12-261, § 2003(q)(1), 46 DCR 3142; May 3, 2001, D.C. Law 13- 298, § 101, 48 DCR 2959; Oct. 1, 2002, D.C. Law 14-190, § 1702(c), 49 DCR 6968.)
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 § 25-111(a)(10), (10.1). For notes from former § 25-111, see § 25-110.
Prior Codifications
1981 Ed., § 25-115.
1973 Ed., § 25-111.
Effect of Amendments
D.C. Law 14-190 rewrote subsec. (b) which had read as follows:
"(b) A temporary license may be issued for no more than 2 consecutive days."
Emergency Act Amendments
For temporary (90 day) amendment of section, see § 1702(c) 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.
For Law 14-190, see notes following § 25-101.
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. A solicitor's license shall allow the licensee to transport samples to and from licensed establishments.
(Jan. 24, 1934, 48 Stat. 324, ch. 4, § 11; Apr. 30, 1934, 48 Stat. 654, ch. 181, § 1; June 18, 1934, 48 Stat. 997, ch. 588; July 2, 1935, 49 Stat. 444, ch. 359; Aug. 27, 1935, 49 Stat. 898, 899, ch. 756, §§ 3-7; June 15, 1938, 52 Stat. 691, ch. 396, §§ 1, 2; May 27, 1949, 63 Stat. 133, ch. 146, title V, § 501; June 29, 1953, 67 Stat. 103, ch. 159, § 404(d); May 31, 1962, 76 Stat. 89, Pub. L. 87-470, § 1; Dec. 8, 1970, 84 Stat. 1393, Pub. L. 91-535, § 2; Apr. 6, 1977, D.C. Law 1-102, § 2(a), (b), 23 DCR 8732; Apr. 18, 1978, D.C. Law 2-73, § 3, 24 DCR 7066; Mar. 5, 1981, D.C. Law 3-157, § 2(b), 27 DCR 5117; Sept. 29, 1982, D.C. Law 4-157, §§ 6, 15, 29 DCR 3617; Mar. 10, 1983, D.C. Law 4-204, § 2, 30 DCR 185; Aug. 2, 1983, D.C. Law, 5-16, § 3, 30 DCR 3193; Mar. 8, 1984, D.C. Law 5-51, § 2(a), 30 DCR 5927; Mar. 7, 1987, D.C. Law 6-217, § 5, 34 DCR 907; Aug. 17, 1991, D.C. Law 9-40, § 2(b), 38 DCR 4974; May 24, 1994, D.C. Law 10-122, § 2(e), 41 DCR 1658; Mar. 26, 1999, D.C. Law 12-202, § 2(b), 45 DCR 8412; Apr. 20, 1999, D.C. Law 12-261, § 2003(q)(1), 46 DCR 3142; May 3, 2001, D.C. Law 13- 298, § 101, 48 DCR 2959; July 18, 2008, D.C. Law 17-201, § 2(d), 55 DCR 6289.)
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 § 25-111(a)(11). For notes from former § 25- 111, see § 25-110.
Prior Codifications
1981 Ed., § 25-116.
1973 Ed., § 25-111.
Effect of Amendments
D.C. Law 17-201 inserted "A solicitor's license shall allow the licensee to transport samples to and from licensed establishments."
Legislative History of Laws
For D.C. Law 13-298, see notes following § 25-101.
For Law 17-201, see notes following § 25-101.
(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.
(Jan. 24, 1934, 48 Stat. 324, ch. 4, § 11; Apr. 30, 1934, 48 Stat. 654, ch. 181, § 1; June 18, 1934, 48 Stat. 997, ch. 588; July 2, 1935, 49 Stat. 444, ch. 359; Aug. 27, 1935, 49 Stat. 898, 899, ch. 756, §§ 3-7; June 15, 1938, 52 Stat. 691, ch. 396, §§ 1, 2; May 27, 1949, 63 Stat. 133, ch. 146, title V, § 501; June 29, 1953, 67 Stat. 103, ch. 159, § 404(d); May 31, 1962, 76 Stat. 89, Pub. L. 87-470, § 1; Dec. 8, 1970, 84 Stat. 1393, Pub. L. 91-535, § 2; Apr. 6, 1977, D.C. Law 1-102, § 2(a), (b), 23 DCR 8732; Apr. 18, 1978, D.C. Law 2-73, § 3, 24 DCR 7066; Mar. 5, 1981, D.C. Law 3-157, § 2(b), 27 DCR 5117; Sept. 29, 1982, D.C. Law 4-157, §§ 6, 15, 29 DCR 3617; Mar. 10, 1983, D.C. Law 4-204, § 2, 30 DCR 185; Aug. 2, 1983, D.C. Law, 5-16, § 3, 30 DCR 3193; Mar. 8, 1984, D.C. Law 5-51, § 2(a), 30 DCR 5927; Mar. 7, 1987, D.C. Law 6-217, § 5, 34 DCR 907; Aug. 17, 1991, D.C. Law 9-40, § 2(b), 38 DCR 4974; May 24, 1994, D.C. Law 10-122, § 2(e), 41 DCR 1658; Mar. 26, 1999, D.C. Law 12-202, § 2(b), 45 DCR 8412; Apr. 20, 1999, D.C. Law 12-261, § 2003(q)(1), 46 DCR 3142; 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 § 25-111(a)(12.1). For notes from former § 25- 111, see § 25-110.
Prior Codifications
1981 Ed., § 25-117.
1973 Ed., § 25-111.
Legislative History of Laws
For D.C. Law 13-298, see notes following § 25-101.
(a) A tasting permit shall be issued only to a licensee under a manufacturer's license, class A and B, a retailer's license, class A and B, or an applicant which is a full service grocery store and meets the requirements of § 25- 303(c)(1), (2), and (3), 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.
(d) A tasting permit shall be valid for 3 years.
(e) The holder of a manufacturer's license, class A, may utilize a portion of the licensed premises for the sampling of spirits, and the holder of a manufacturer's license, class B, may utilize a portion of the licensed premises for the sampling of beer, between the hours of 1:00 p.m. and 9:00 p.m., Thursday through Saturday.
(May 3, 2001, D.C. Law 13-298, § 101, 48 DCR 2959; Sept. 30, 2004, D.C. Law 15-187, § 101(d), 51 DCR 6525; July 18, 2008, D.C. Law 17-201, § 2(e), 55 DCR 6289; Oct. 20, 2011, D.C. Law 19-25, § 2, 58 DCR 6513; Sept. 20, 2012, D.C. Law 19-168, § 2112(b), 59 DCR 8025.)
HISTORICAL AND STATUTORY NOTES
D.C. Law 13-298 amended and enacted into law Title 25 of the District of Columbia Official Code.
Effect of Amendments
D.C. Law 15-187, in subsec. (a), substituted "class A, or an applicant which is a full service grocery store and meets the requirements of § 25-303(c)(1), (2), and (3)" for "class A"; and added subsec. (d).
D.C. Law 17-201, in subsec. (a), substituted "class A and B" for "class A"; and, in subsec. (d), substituted "3 years" for "2 years".
D.C. Law 19-25, in subsec. (a), substituted "manufacturer's license, class B, a retailer's license, class A and B, or an applicant" for "retailer's license, class A and B, or an applicant"; and added subsec. (e).
D.C. Law 19-168, in subsec. (a), substituted "manufacturer's license, class A and B" for "manufacturer's license, class A and B"; and, in subsec. (e), substituted "The holder of a manufacturer's license, class A, may utilize a portion of the licensed premises for the sampling of spirits, and the holder" for "The holder" and "beer, between" for "beer between".
Temporary Amendments of Section
Section 2 of D.C. Law 19-17, in subsec. (a), substituted "manufacturer's license, class B; retailer's license, class A and B; or an applicant" for "retailer's license, class A and B, or an applicant"; and added subsec. (e) to read as follows:
"(e) The holder of a manufacturer's license, class B, may utilize a portion of the licensed premises for the sampling of alcoholic beverages between the hours of 1:00 p.m. and 9:00 p.m., Thursday through Saturday.".
Section 4(b) of D.C. Law 19-17 provides that the act shall expire after 225 days of its having taken effect.
Emergency Act Amendments
For temporary (90 day) amendment of section, see § 2 of Brewery Manufacturer's Tasting Permit Amendment Emergency Act of 2011 (D.C. Act 19-71, May 19, 2011, 58 DCR 4235).
For temporary (90 day) amendment of section, see § 2 of Brewery Manufacturer's Tasting Permit Congressional Review Emergency Act of 2011 (D.C. Act 19-148, August 9, 2011, 58 DCR 6830).
Legislative History of Laws
For D.C. Law 13-298, see notes following § 25-101.
For Law 15-187, see notes following § 25-101.
For Law 17-201, see notes following § 25-101.
Law 19-25, the "Brewery Manufacturer's Tasting Permit Amendment Act of 2011", was introduced in Council and assigned Bill No. 19-118, which was referred to the Committee on Human Services. The Bill was adopted on first and second readings on June 7, 2011, and July 12, 2011, respectively. Signed by the Mayor on July 28, 2011, it was assigned Act No. 19-102 and transmitted to both Houses of Congress for its review. D.C. Law 19-25 became effective on October 20, 2011.
For history of Law 19-168, see notes under § 25-110.
(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, and a pool buying agent 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.
(Jan. 24, 1934, 48 Stat. 332, ch. 4, § 23; Apr. 30, 1934, 48 Stat. 654, ch. 181, § 3; June 18, 1934, 48 Stat. 1014, 1015, ch. 600, §§ 1, 2; Aug. 27, 1935, 49 Stat. 901, 903, ch. 756, §§ 11, 17; June 25, 1936, 49 Stat. 1921, ch. 804; June 25, 1948, 62 Stat. 991, ch. 646, § 32(b); May 24, 1949, 63 Stat. 107, ch. 139, § 127; May 27, 1949, 63 Stat. 135, ch. 146, title V, § 505; May 18, 1954, 68 Stat. 113, ch. 218, title VIII, § 801; Mar. 31, 1956, 70 Stat. 81, ch. 154, title III, §§ 301, 302(a); July 25, 1958, 72 Stat. 418, Pub. L. 85-558, §§ 1-5; Sept. 14, 1961, 75 Stat. 510, Pub. L. 87-238, §§ 1-5; Mar. 2, 1962, 76 Stat. 17, Pub. L. 87-408, § 401; Sept. 30, 1966, 80 Stat. 855, Pub. L. 89-610, title I, § 101(a); Oct. 31, 1969, 83 Stat. 175, Pub. L. 91-106, title V, § 501(a), (b); Apr. 18, 1978, D.C. Law 2-73, § 3, 24 DCR 7066; Sept. 29, 1982, D.C. Law 4-157, § 15, 29 DCR 3617; Mar. 8, 1984, D.C. Law 5-51, § 2(b)(9), 30 DCR 5927; Mar. 14, 1985, D.C. Law 5-159, § 25(b), (c), 32 DCR 30; July 25, 1989, D.C. Law 8-17, § 7(a), 36 DCR 4160; May 4, 1990, D.C. Law 8-119, § 2, 37 DCR 1738; May 3, 2001, D.C. Law 13-298, § 101, 48 DCR 2959; Sept. 30, 2004, D.C. Law 15-187, § 401(e), 51 DCR 6525; Mar. 2, 2007, D.C. Law 16-191, § 47(d)(1), 53 DCR 6794.)
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 § 25-124(c)(2). For notes from former § 25-124, see § 25-901.
Prior Codifications
1981 Ed., § 25-119.
1973 Ed., § 25-124.
Effect of Amendments
D.C. Law 15-187, in subsec. (a), substituted "An importation permit shall be issued to the licensee under a retailer's license, class A, B, C, or D, and a pool buying agent" for "An importation permit shall be issued to the licensee under a retailer's license, class A, B, C, or D,".
D.C. Law 16-191, in subsec. (a), validated a previously made technical correction.
Legislative History of Laws
For D.C. Law 13-298, see notes following § 25-101.
For Law 15-187, see notes following § 25-101.
For Law 16-191, 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 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 fee for both years of the manager's license shall be paid at the time of application.
(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 May 3, 2001, shall complete a certification program within 6 months of May 3, 2001.
(f) A manager licensed under this section after May 3, 2001, shall complete the certification program prior to receiving his or her manager's license.
(g) Subsection (e) of this section shall not apply to a manager licensed on or before May 3, 2001, who provides proof of his or her prior certification within 2 years prior to May 3, 2001.
(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.
(May 3, 2001, D.C. Law 13-298, § 101, 48 DCR 2959; Oct. 26, 2001, D.C. Law 14-42, § 6(a), 48 DCR 7612; Oct. 1, 2002, D.C. Law 14-190, § 1702(d), 49 DCR 6968; Sept. 30, 2004, D.C. Law 15-187, § 101(e), 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.
Effect of Amendments
D.C. Law 14-42 validated the previously made technical corrections in subsecs. (e) and (g).
D.C. Law 14-190, in subsec. (c), substituted "The fee for both years of the manager's license shall be paid at the time of application" for "The license fee shall be paid as provided under Chapter 5".
D.C. Law 15-187, in subsec. (f), substituted "prior to receiving" for "within 90 days after receiving".
Emergency Act Amendments
For temporary (90 day) amendment of section, see § 6(a) of Technical Amendments Emergency Act of 2001 (D.C. Act 14-108, August 3, 2001, 48 DCR 7622).
For temporary (90 day) amendment of section, see § 1702(d) 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 14-42, the "Technical Correction Amendment Act of 2001", was introduced in Council and assigned Bill No. 14-216, which was referred to the Committee of the Whole. The Bill was adopted on first and second readings on June 5, 2001, and June 26, 2001, respectively. Signed by the Mayor on July 24, 2001, it was assigned Act No. 14-107 and transmitted to both Houses of Congress for its review. D.C. Law 14-42 became effective on October 26, 2001.
For Law 14-190, see notes following § 25-101.
For Law 15-187, see notes following § 25-101.
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.
(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.
Legislative History of Laws
For D.C. Law 13-298, see notes following § 25-101.
(a) A pool buying group shall be created in the following manner:
(1) Prior to commencing operations, a pool buying group shall file with ABRA a copy of the agreement under which the pool buying group will operate. The ABRA shall review the agreement and, if the requirements of applicable law and rules are met, shall approve the agreement.
(2) Any proposed amendment to a pool buying group agreement shall be filed with, and be approved by, ABRA in the same manner as original agreements before the proposed amendments shall be effective.
(3) Pool buying agreements shall include:
(A) The name and address the cooperative or pool buying group;
(B) The name of the buying agent for the group;
(C) The cooperative buying group's bylaws;
(D) For each member, the licensee's name, business name, business address, business phone number, license number, and the date each licensee joined the group;
(E) The signatures of all the members of the pool buying group;
(F) An attestation that the licensee is not a member of more than one pool buying group at that time; and
(G) The license status of each member.
(b) The buying agent shall be a licensed retailer of alcoholic beverages in the District.
(c) A member of the pool buying group shall not be eligible to place an order with the group until the member has executed the pool buying agreement and the licensee's name, business name, license number, and the date of membership have been filed with, and approved by, the ABRA.
(d) Any addition or termination to the membership of the pool buying group shall be provided to ABRA under the signature of the buying agent. The notice shall include the effective date of the addition of an new member or the termination of an existing member. The notice may be in letter form or on official forms which may be promulgated by ABRA.
(e) The transfer, suspension, or revocation of a license held by a member of a pool buying group shall automatically terminate the licensee from membership in the pool buying group.
(Sept. 30, 2004, D.C. Law 15-187, § 401(f), 51 DCR 6525.)
HISTORICAL AND STATUTORY NOTES
Legislative History of Laws
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 farm winery retail license shall be issued to a farm winery to authorize the licensee to sell wine:
(1) From the place described for consumption off-premises and to deliver the same in the sealed bottle or other closed container in which the same was received by the licensee at the licensed establishment; and
(2) At the licensed establishment for consumption at the licensed establishment.
(b) A licensee under a farm winery retail license may sell and deliver alcoholic beverages for off-premises consumption only during the hours of sale and delivery specified for a class B off-premises retail licensee under § 25-722, and may sell and serve alcoholic beverages for on-premises consumption except as restricted by § 25-724.
(c) The provisions of §§ 25-725, 25-741 (a) and (b), 25-742, and 25-753 shall apply to a farm winery retail license.
(July 18, 2008, D.C. Law 17-201, § 2(f), 55 DCR 6289.)
HISTORICAL AND STATUTORY NOTES
Legislative History of Laws
For Law 17-201, see notes following § 25-101.
