(a) A licensee under a manufacturer's license or a wholesaler's license shall sell and deliver alcoholic beverages only between the hours of 6:00 a.m. and 1:00 a.m., Monday through Saturday; provided, that licensees may also make deliveries between 5:00 a.m. and 6:00 a.m., Monday through Saturday.
(b) In addition to the provisions of subsection (a) of this section, the licensee under a manufacturer's license, class A or B, or a wholesaler's license, class A or B, may deliver alcoholic beverages to a license under a temporary license, class F or G, license between the hours of 9:00 a.m. and 9:00 p.m. on Sunday.
(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.
Emergency Act Amendments
For temporary (90 day) amendment of section, see § 2(a) of Inaugural Celebration Extension of Hours Public Safety Emergency Act of 2008 (D.C. Act 17-616, December 19, 2008, 56 DCR 44).
Legislative History of Laws
For D.C. Law 13-298, see notes following § 25-101.
(a) A licensee under an off-premises retailer's license, class A or B, may sell and deliver alcoholic beverages only between the hours of 7:00 a.m. and midnight, Monday through Saturday, and during those same hours on December 24 and 31 of each year, subject to the voluntary agreements pursuant to § 25- 446.
(b) The Board may also permit a licensee under an off-premises retailer's license, class B, to sell or deliver alcoholic beverages between the hours of 7:00 a.m. and midnight on Sundays, subject to the voluntary agreements pursuant to § 25-446 .
(c) A licensee under a retailer's license, class B, which meets the requirements of § 25-303(c)(1) through (3), may also sell or deliver alcoholic beverages between the hours of 9:00 a.m. and 10:00 p.m. on Sundays and between the hours of 10:00 p.m. and midnight, Monday through Sunday, and on December 24 and December 31 of each year.
(May 3, 2001, D.C. Law 13-298, § 101, 48 DCR 2959; Sept. 30, 2004, D.C. Law 15-187, § 101(z), 51 DCR 6525; Sept. 14, 2011, D.C. Law 19-21, § 8122, 58 DCR 6226; Sept. 20, 2012, D.C. Law 19-168, § 2052, 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 rewrote the section which had read as follows:
"(a) A licensee under an off-premises retailer's license, class A or B, may sell and deliver alcoholic beverages only between the hours of 9:00 a.m. and 10:00 p.m., Monday through Saturday, and during those same hours on December 24 and 31 of each year.
"(b) The Board may also permit a licensee under an off-premises retailer's license, class B, to sell or deliver alcoholic beverages between the hours of 9:00 a.m. and 10:00 p.m. on Sundays.
"(c) This section shall apply 90 days after May 3, 2001."
D.C. Law 19-21, in subsecs. (a) and (b), substituted "midnight" for "10 p.m.".
D.C. Law 19-168, in subsec. (a), substituted "7:00 a.m." for "9:00 a.m." and "each year, subject to voluntary agreements pursuant to § 25-446" for "each year"; and, in subsec. (b), substituted "7:00 a.m." for "9:00 a.m." and "on Sundays, subject to the voluntary agreements pursuant to § 25-446" for "on Sundays".
Emergency Act Amendments
For temporary (90 day) addition of section, see § 2 of Independence Day Class A Retailer Sales Emergency Act of 2010 (D.C. Act 18-451, June 28, 2010, 57 DCR 5667).
For temporary (90 day) amendment of section, see § 8012 of Fiscal Year 2012 Budget Support Emergency Act of 2011 (D.C. Act 19-93, June 29, 2011, 58 DCR 5599).
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 history of Law 19-21, see notes under § 47-305.02.
For history of Law 19-168, see notes under § 25-110.
Miscellaneous Notes
Short title: Section 8121 of D.C. Law 19-21 provided that subtitle M of title VIII of the act may be cited as "Off-premise Alcohol Act of 2011".
Section 8124 of D.C. Law 19-21 provides:
"Sec. 8124. This subtitle shall apply as of July 1, 2011."
Short title: Section 2051 of D.C. Law 19-168 provided that subtitle F of title II of the act may be cited as "Off-Premises Alcohol Act of 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."
At the time of initial application or renewal of any class of license, the Board may further limit the hours of sale and delivery for a particular applicant (1) based on the Board's findings of fact, conclusions of law, and order following a protest hearing, or (2) under the terms of a voluntary agreement.
(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) The licensee under an on-premises retailer's license shall not produce any sound, noise, or music of such intensity that it may be heard in any premises other than the licensed establishment by the use of any:
(1) Mechanical device, machine, apparatus, or instrument for amplification of the human voice or any sound or noise;
(2) Bell, horn, gong, whistle, drum, or other noise-making article, instrument, or device; or
(3) Musical instrument.
(b) This section shall not apply to:
(1) Areas in the building which are not part of the licensed establishment;
(2) A building owned by the licensee which abuts the licensed establishment;
(3) Any premises other than the licensed establishment which are located within a C-1, C-2, C-3, C-4, C-M, or M zone, as defined in the zoning regulations for the District; or
(4) Sounds, noises, or music occasioned by normal opening of entrance and exit doors for the purpose of ingress and egress.
(c) The licensees under this subchapter shall comply with the noise level requirements set forth in Chapter 27 of Title 20 of the District of Columbia Municipal Regulations.
(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) The licensee under a retailer's license shall take reasonable measures to ensure that the immediate environs of the establishment, including adjacent alleys, sidewalks, or other public property immediately adjacent to the establishment, or other property used by the licensee to conduct its business, are kept free of litter.
(b) The licensee under a retailer's license shall comply with the Litter Control Expansion Amendment Act of 1987, effective October 9, 1987 (D.C. Law 7-38; 23 DCMR § 720).
(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.
