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Current through October 23, 2012
(a) The licensee under a hotel license may make available in the room of a registered adult guest, and charge to the registered guest if consumed, closed miniature containers of alcoholic beverages at all hours on any day of the week.
(b) Except as provided in § 25-724 and subsections (c), (d), and (e) of this section, the licensee under a on-premises retailer's license or a temporary license may sell or serve alcoholic beverages on any day and at any time except between the following hours:
(1) 2:00 a.m. and 8:00 a.m., Monday through Friday, excluding District and federal holidays; and
(2) 3:00 a.m. and 8:00 a.m. on Saturday and Sunday, excluding District and federal holidays.
(c)(1) Except as provided in § 25-724, the licensee under an on-premises retailer's license or a temporary license may sell or serve alcoholic beverages until 4:00 a.m. and operate 24 hours a day during the following times:
(A) On a District or federal holiday;
(B) The Saturday and Sunday preceding Memorial Day and Labor Day, as set forth in § 1-612.02(a); and
(C) The Saturday and Sunday adjacent to January 1 (New Year's Day) and July 4 (Independence Day); except, that if the holiday under this subparagraph occurs on a Tuesday, Wednesday, or Thursday, this subparagraph shall not apply.
(2) A licensee operating under an on-premises retailer's license shall not be required to obtain Board approval to sell or serve alcoholic beverages and operate in accordance with paragraph (1) of this subsection.
(3) This subsection shall not apply during Inaugural Week, as defined in subsection (e) of this section.
(4) Once each calendar year and no fewer than 30 days before the first holiday on which a licensee seeks to extend its hours of operation pursuant to this subsection, the licensee shall provide written notification and a public safety plan to the Board and the Metropolitan Police Department of its intent to extend its hours of operation.
(d)(1) Except as provided in § 25-724, during the beginning of daylight savings time pursuant to § 28-2711, on the second Sunday in March of each year, a licensee under an on-premises retailer's license may sell and serve alcoholic beverages between 3:00 a.m. and 4:00 a.m., if the licensee:
(A) Registers with the Board;
(B) Pays a registration fee of $200; and
(C) Provides written notification, no later than 10 days before the beginning of daylight savings time, to the Board and the Metropolitan Police Department of its extended hours of operation.
(2) The fees collected pursuant to this subsection shall be used to fund the Reimbursable Detail Subsidy Program in the ABRA.
(3) A violation of paragraph (1) of this subsection shall constitute a secondary tier violation subject to the penalties set forth in § 25-830(d).
(e)(1) Every 4 years, beginning in 2013, the week of January 15 through January 21, shall be designated "Inaugural Week." Except as provided in § 25-724, during Inaugural Week, a licensee under an on-premises retailer's license or a temporary license may sell or serve alcoholic beverages until 4 a.m. and operate 24 hours a day if the licensee:
(A) Provides written notification and a public safety plan, no later than January 7, to the Board and the Metropolitan Police Department of its hours of operation; and
(B) Pays the following fee for each day it will serve alcohol pursuant to this subsection:
(i) $250 for a CN licensee;
(ii) $100 for a CR or CT licensee; and
(iii) $50 for any other licensee.
(2) A licensee operating under an on-premises retailer's license shall not be required to obtain Board approval to sell or serve alcoholic beverages until 4:00 a.m. and operate 24 hours a day during Inaugural Week.
(May 3, 2001, D.C. Law 13-298, § 101, 48 DCR 2959; Mar. 25, 2009, D.C. Law 17-361, § 2(c)(1), 56 DCR 1204; Sept. 14, 2011, D.C. Law 19-21, § 8142, 58 DCR 6226; Dec. 2, 2011, D.C. Law 19-45, § 2, 58 DCR 8937; Sept. 20, 2012, D.C. Law 19-168, § 2042(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.
Effect of Amendments
D.C. Law 17-361, in subsec. (b), substituted "Friday, excluding District and federal holidays" for "Friday" in par. (1) and substituted "Saturday, excluding District and federal holidays" for "Saturday" in par. (2).
D.C. Law 19-21 rewrote subsec. (b)(3), which formerly read:
"(3) 3:00 a.m. and 10:00 a.m. on Sunday."
D.C. Law 19-45, in subsec. (b), substituted "§ 25-724 and subsections (c) and (d) of this section" for "§ 25-724"; and added subsec. (d).
D.C. Law 19-168 rewrote the section, which formerly read:
"(a) The licensee under a hotel license may make available in the room of a registered adult guest, and charge to the registered guest if consumed, closed miniature containers of alcoholic beverages at all hours on any day of the week.
"(b) Except as provided in § 25-724 and subsections (c) and (d) of this section, the licensee under a on-premises retailer's license or a temporary license may sell or serve alcoholic beverages on any day and at any time except between the following hours:
"(1) 2:00 a.m. and 8:00 a.m., Monday through Friday, excluding District and federal holidays;
"(2) 3:00 a.m. and 8:00 a.m. on Saturday, and on District and federal holidays; and
"(3) 3:00 a.m. and 8:00 a.m. on Sunday.
"(c) On each January 1st, the licensee under an on-premises retailer's license or a temporary license may sell or serve alcoholic beverages until 4:00 a.m.
"(d)(1) During the beginning of daylight savings time pursuant to § 28-2711, on the second Sunday in March of each year, a licensee under an on-premises retailer's license may sell and serve alcoholic beverages between 3:00 a.m. and 4:00 a.m., if the licensee:
"(A) Registers with the Board;
"(B) Pays a registration fee of $200; and
"(C) Provides written notification, no later than 10 days prior to the beginning of daylight savings time, to the Board and the Metropolitan Police Department of its extended hours of operation.
"(2) The fees collected pursuant to this subsection shall be used to fund the Reimbursable Detail Subsidy Program in the ABRA.
"(3) The Chief of Police may suspend a licensee's privilege to operate and sell or serve alcoholic beverages during the extended hour authorized by paragraph (1) of this subsection if the licensee's operation presents a danger to the public health, safety, or welfare.
"(4) A violation of paragraph (1) of this subsection shall constitute a secondary tier violation subject to the penalties set forth in § 25-830(d)."
Emergency Act Amendments
For temporary (90 day) amendment of section, see § 2 of Inaugural Celebration Extension of Hours Emergency Act of 2008 (D.C. Act 17-614, December 19, 2008, 56 DCR 40).
For temporary (90 day) amendment of section, see § 2(b) of Inaugural Celebration Extension of Hours Public Safety Emergency Act of 2008 (D.C. Act 17-616, December 19, 2008, 56 DCR 44).
For temporary (90 day) addition, see § 2 of World Cup Extension of Hours Emergency Act of 2010 (D.C. Act 18-433, June 7, 2010, 57 DCR 4958).
For temporary (90 day) addition of section, see § 2 of Daylight Savings Time Extension of Hours Emergency Act of 2011 (D.C. Act 19-18, March 1, 2011, 58 DCR 2564).
Legislative History of Laws
For D.C. Law 13-298, see notes following § 25-101.
For Law 17-361, see notes following § 25-113.
For history of Law 19-21, see notes under § 47-305.02.
Law 19-45, the "Daylight Savings Time Extension of Hours Act of 2011", was introduced in Council and assigned Bill No. 19-119, which was referred to the Committee on Human Services. The Bill was adopted on first and second readings on July 12, 2011, and September 21, 2011, respectively. Signed by the Mayor on October 11, 2011, it was assigned Act No. 19-175 and transmitted to both Houses of Congress for its review. D.C. Law 19-45 became effective on December 2, 2011.
For history of Law 19-168, see notes under § 25-110.
Miscellaneous Notes
Short title: Section 8141 of D.C. Law 19-21 provided that subtitle O of title VIII of the act may be cited as "Opening Hours Act of 2012".
Short title: Section 2041 of D.C. Law 19-168 provided that subtitle E of title II of the act may be cited as "Inaugural and Holiday Celebration Extension of Hours Act of 2012".
Section 2043 of D.C. Law 19-168 provides:
"Sec. 2043. Reporting requirement.
"Within one year of the effective date of this subtitle, the Mayor shall transmit to the Council a report on the extensions of hours of operation for licensees licensed to sell and serve alcoholic beverages set forth in D.C. Official Code § 25-723(c), (d), and (e), and the effect of the extensions on liquor store hours, as set forth in the Off-Premises Alcohol Act of 2012, passed on 2nd reading on June 5, 2012 (Enrolled version of Bill 19-743), which shall include:
"(1) The effect of the extensions on local communities;
"(2) An assessment from the Metropolitan Police Department on the number of reported incidents related to the extensions; and
"(3) An estimate from the Office of the Chief Financial Officer on the revenue implications of the extensions."
