Code of the District of Columbia

§ 25–131. Commercial lifestyle center license.

(a) A CLC license may be issued to a commercial owners' association governing a commercial lifestyle center.

(b) A CLC license shall permit a licensed restaurant, tavern, nightclub, hotel, or multipurpose facility, including a private club, that is a tenant of the commercial lifestyle center ("center facility") to sell beer, wine, or spirits for consumption on the portion of the licensed premises designated by the Board, including a plaza, seating area, concourses, walkways, and other such thoroughfares.

(c) A holder of a CLC license shall be permitted to allow a patron to consume beer, wine, or spirits purchased from a center facility on the premises of any tenant of the commercial lifestyle center, excluding a parking lot, that is not a retail establishment licensed by the Board upon approval of the tenant.

(d) The Board shall give notice of the CLC license application pursuant to § 25-421.

(e) A holder of a CLC license shall:

(1) Be located in a commercial or mixed-use zone area as defined by the Board of Zoning Adjustment;

(2) Prohibit persons from consuming alcoholic beverages within the commercial lifestyle center that were not purchased from a center facility;

(3) Require a center facility to place the beer, wine, or spirits provided to consumers in reusable containers that are distributed and recollected through a deposit-refund system, and subsequently sanitized, which may be provided through third-party reusable food service ware providers, as defined by § 8-1531(9), for reuse;

(4) Demonstrate in its CLC license application how the center facility plans to acquire reusable containers, sanitize the containers, and ensure the containers are reused.

(5) Require that each tenant in the center facility has an identifying mark on their reusable containers distinguished from all other tenants as approved by and registered with ABCA.

(6) Post appropriate signage identifying the boundaries of the licensed facility center;

(7) Have adequate security for the licensed facility center to ensure compliance with this title and Title 23 of the District of Columbia Municipal Regulations; and

(8) Have adequate trash receptacles on the licensed premises and ensure the licensed premises is free of trash and other debris that may attract rats and other vermin.

(f)(1) If the Department of Energy and Environment determines that the licensee has failed to serve a beverage in a reusable container, the Department of Energy and Environment shall impose a penalty on the licensee.

(2) The penalty required under paragraph (1) of this subsection shall be a class 4 infraction under the Schedule of Fines in section 3201 of Title 16 of the District of Columbia Municipal Regulations (16 DCMR § 3201), pursuant to § 2-1801.01et seq. ("Civil Infractions Act"). Adjudication of any infraction shall be pursuant to the Civil Infractions Act.

(g) There shall be 2 classes of CLC licenses, which will be the:

(1) Class C/L (spirits, beer, and wine); and

(2) Class D/L (beer and wine).".

(h) Within 180 days of [June 30, 2022], the Board shall issue rules clarifying the parameters of the authority of private security in carrying out their duties while working the licensed premises of a center facility.