Code of the District of Columbia

§ 25–112(Perm). Off-premises retailer's licenses.

(a) An off-premises retailer's license shall authorize the licensee to sell alcoholic beverages from the place described and to deliver the same in the barrel, keg, sealed bottle, or other closed container in which the same was received by the licensee, including the sale of growlers by the holder of an off-premise retailer licensee, Class A or B notwithstanding any other provision or restrictions of this title.

(a-1)(1) An off-premises retailer's licensee, class A or B, may also sell beer or wine in crowlers unless prohibited by one of the single sale moratoria contained in subchapter IV of Chapter 3.

(2)(A) The Board shall promulgate rules within 45 days of [January 14, 2013], to provide a definition of "full-service grocery store" as used in this title.

(B) Notwithstanding subchapter III of Chapter 3 of this title, the Board shall not issue any new full-service grocery store, off-premises retailer's class B licenses for 45 days from [January 14, 2013] or until the rulemaking required by this paragraph has been promulgated and approved by the Council, whichever date is sooner.

(C) Upon approval by the Council of the regulations promulgated by the Board pursuant to this paragraph, the Council shall incorporate the definition of "full-service grocery store" into § 25-101.

(b) The barrel, keg, sealed bottle, or other closed container shall not be opened, except for the sale of growlers or crowlers, 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);

(2) [Expired];

(2A) Licensees under a temporary license or an on-premises retailer's license, class C or D, if the alcoholic beverages were purchased by the off-premises retailer from a licensee under a wholesaler license or brought into the District under a validly issued import permit; provided, that the sales to an on-premises retailer's class C and D license, may be made only on a Saturday, Sunday, or holiday during the hours when licensees under a wholesaler's license are closed; provided further, that an on-premises retailer's licensee shall maintain on the licensed premises for 3 years either a receipt or invoice containing:

(A) The date of the purchase;

(B) The quantity and brand name of the alcoholic beverages purchased; and

(C) The name of the on-premises licensee to which the sale was made; and

(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)(1) There shall be 4 classes of off-premises retailer's licenses:

(A) A retailer's license, class A, shall authorize a licensee to sell spirits, beer, and wine.

(B) A retailer's license, class B, shall authorize a licensee to sell beer and wine.

(C) A retailer's license, class AI, shall authorize a licensee that only operates as an Internet retailer and does not have a physical location open to the public to sell spirits, beer, and wine.

(D) A retailer's license, class BI, shall authorize a licensee that only operates as an Internet retailer and does not have a physical location open to the public to sell beer and wine.

(2) At the next class A retailer's license renewal, the Board shall convert an existing Internet off-premises retailer that does not have a physical location open to the public to one of the 2 new Internet retailer license categories, as described in paragraph 1(C) and (D) of this subsection.

(d-1) Notwithstanding any other provision or restriction in this title, the holder of a class B retailer's license located inside of a hotel with no public access to the street or the outside of the hotel's building may sell single containers of beer, malt liquor, or ale, excluding miniatures, in sizes of 70 ounces or less.

(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.

(f) A holder of an off-premises retailer's license, class A or B, that has security cameras installed on the licensed premises, whether at the direction of the Board or in accordance with the establishment's security plan or settlement agreement, shall:

(1) Ensure the cameras utilized by the establishment are operational;

(2) Maintain any footage of a crime of violence or a crime involving a gun for a minimum of 30 days;

(3) Make the security footage available within 48 hours upon the request of an ABRA investigator or any member of the Metropolitan Police Department; and

(4) Ensure that the establishment and security cameras meet such other technological and operational standards, such as resolution, frame per second, storage, retention, and image quality standards, that the Board may establish by regulation.

(g)(1) A licensee of an off-premises retailer's license, class A or B, may file for a one-day substantial change permit, as defined by regulation, with the Board seeking permission to allow for the on-premises consumption of alcoholic beverages as part of a specific event.

(2) Subject to paragraph (3) of this subsection, the Board, in its discretion, may grant the one-day substantial change request unless it determines that the activities sought by the licensee are otherwise prohibited by its license or a Board-approved settlement agreement.

(3) The Board shall not grant a one-day substantial change permit request made pursuant to this subsection to a licensee more than 6 times in a calendar year.