Chapter 1. General Provisions and Classification of Licenses.
Subchapter I. General Provisions.
§ 25–101. Definitions.
For the purposes of this title, the term:
(1) "ABCA" means the Alcoholic Beverage and Cannabis Administration established by § 25-202.
(2) "ABCA Fund" means the Alcoholic Beverage and Cannabis Administration Fund established by § 25-210.
(2A) [Repealed].
(3) “Adult” means a person who is 21 years of age or older.
(4) “Alcohol” means ethyl alcohol, hydrated oxide of ethyl, or spirit of wine, from whatever source or by whatever processes produced.
(4A) "Alcohol training and education certification provider" means any person or entity approved by the Board to conduct an alcohol training and education certification program as set forth in § 25-121.
(5) “Alcoholic beverage” means a liquid or solid, patented or not, containing alcohol capable of being consumed by a human being. The term “alcoholic beverage” shall not include a liquid or solid containing less than one-half of 1% of alcohol by volume.
(6) “Applicant” means, as the context requires, the individual applicant, each member of an applicant partnership or limited liability company, or each of the principal officers, directors, and shareholders of an applicant corporation, or, if other than an individual, the applicant entity.
(7) “ANC” means an Advisory Neighborhood Commission as authorized under [§ 1-207.38].
(8) “Back-up drink” means a drink, including a single drink consisting of more than one alcoholic beverage, that is served to a customer before the customer has consumed a previously served drink.
(9) “Bartender” means a person who fixes, mixes, makes, or concocts an alcoholic beverage for consumption.
(9A) "Bed and breakfast" means an establishment with fewer than 30 guest rooms, a dining room in the same or a connected building, and where breakfast is included in the price of a sleeping room.
(10) “Beer” means a fermented beverage of any name or description manufactured from malt, wholly or in part, or from any substitute for malt.
(11) "Board" means the Alcoholic Beverage and Cannabis Board established by § 25-201.
(11A) "Board-approved manager" and "manager" mean a person, other than the owner, who is licensed by ABCA [and] who is required to be on duty and on the premises during the approved licensed hours of sales, service, and consumption of alcoholic beverages.
(12) “Brew pub” means an establishment for the manufacture of beer to be sold for consumption only at the place of manufacture and for sale to other licensees as authorized in § 25-117(a)(1).
(13) “Business days” means Monday, Tuesday, Wednesday, Thursday, and Friday, excluding holidays.
(14) “Caterer” means a corporation, partnership, individual, or limited liability company that prepares, sells, delivers, and serves food and beverages to its customers, under an agreement in advance of delivery, for a catered event on the premises designated by the customer for the duration of the catered event.
(14A) "CLC license" means the commercial lifestyle center license established by § 25-131.
(14B) "Closed container" means a container with a tamper-evident seal or lid, including a seal or lid that indicates whether the closure has been interfered with or removed, designed to prevent consumption without the removal of the seal or lid.
(15) “Club” means a corporation, duly organized and in good standing under Chapters 1 and 4 of Title 29, a limited liability company, or partnership owning, leasing, or occupying a building, or a portion thereof, at which the sale of alcoholic beverages is incidental to, and not the prime source of revenue from, the operation of the building or the portion thereof. The term “club” shall not include a college fraternity or sorority.
(15A) [Repealed].
(15B) "Commercial lifestyle center" means a mixed-use or commercial development having a combination of retail, residential, dining, entertainment, office, or hotel establishment located in a physically integrated outdoor setting that is pedestrian friendly and that is governed by a commercial owners' association responsible for the management, maintenance, and operation of the common areas of the development.
(16) “Credit card” means a consumer credit card extended on a nationally recognized account pursuant to a plan under which:
(A) The creditor may permit the customer to make purchases or obtain loans by the use of a credit card, check, or other device as the plan may provide;
(B) The customer has the privilege of paying the balance in full or in installments; and
(C) A finance charge may be computed by the creditor from time to time on an outstanding unpaid balance.
(16A) "Crowler" means a recyclable container that is capable of holding up to 64 ounces of beer or wine and is designed to be filled and sealed on premises for consumption off premises.
(17) “CSA” means Chapter 9 of Title 48.
(17A) "Curbside delivery" means deliveries made to a clearly designated location that is adjacent to the licensed premises of the off-premises retailer, on-premises retailer, or manufacturer holding an on-site sales and consumption permit, including the parking lot or within 200 feet of the licensed premises.
(18) “DC Arena” means the multi-purpose arena for the performance of sports and entertainment events and related amenities described in recital “E” of the Land Disposition Agreement-Ground Lease By and Among the District of Columbia Redevelopment Land Agency, the District of Columbia, and DC Arena L.P., dated December 29, 1995.
(18A) "Deposit-refund" means a fee at least equal to the cost of the reusable container that a customer pays when purchasing a beverage or food product in a reusable container that is refunded to the customer upon returning the container to the establishment.
(19) “Director” means the Director of the Alcoholic Beverage and Cannabis Administration appointed under § 25-207.
(19A) The term “disc jockey” shall not include anyone who plays or changes prerecorded music or programs prerecorded music; provided, that the person does not:
(A) Make announcements or comments;
(B) Take song requests;
(C) Run contests or games;
(D) Manipulate or mix the music;
(E) Provide live entertainment;
(F) Play music from a disc-jockey booth; or
(G) Alter or manipulate a playlist while it is being played, including adding elements such as sound effects or additional pieces of music.
(19B) “Distillery pub” means a craft distillery establishment for the manufacture, blending, and rectification of spirits to be sold for on-premises consumption only at the place of manufacture or to licensed wholesalers for the purpose of resale to other licensees, or patrons for off-premises consumption.
(20) “District” means the District of Columbia.
(21) “Establishment” means a business entity operating at a specific location.
(21A) “Entertainment” means live music or any other live performance by an actual person, including live bands, karaoke, comedy shows, poetry readings, disc jockeys, and trivia nights during which microphones are used. The term “entertainment” shall not include the operation of a jukebox, a television, a radio, or other prerecorded music.
(21B) “Farm winery” means a winery where at least 51% of the fresh fruits or agricultural products used by the owner or lessee to manufacture the wine shall be grown or produced on such farm.
(21C) “Farmer’s market” means a food venue comprised of vendors who make, bake, grow, or raise the products they sell or of farmers, producers, and other vendors selling fresh produce, healthy foods, or baked goods.
(22) “Food” means any substance consumed by human beings except alcoholic beverages and any nonalcoholic liquid or solid substance served as part of the contents of an alcoholic beverage drink.
(22A) "Full-service grocery store" means a self-service retail establishment independently owned or part of a corporation operating a chain of retail establishments under the same trade name that is licensed as a grocery store under [§ 47-2827] that:
(A) Offers for sale a full line of food products that includes at least 6 of the 7 following food categories:
(i) Fresh fruits and vegetables;
(ii) Fresh and uncooked meats, poultry, and seafood;
(iii) Dairy products;
(iv) Canned foods;
(v) Frozen foods;
(vi) Dry groceries and baked goods; or
(vii) Non-alcoholic beverages;
(B) May include related service departments, such as a bakery, pharmacy, or florist, or departments that offer household products or sundries; and
(C)(i)(I) Has a minimum of 50% of the store's square footage of selling area dedicated to the sale of the food categories listed in subparagraph (A) of this paragraph; or
(II) Has a minimum of 6,000 square feet of the store's selling area dedicated to the sale of the food categories listed in subparagraph (A) of this paragraph; and
(III) Sets aside a minimum of 5% of the store's selling area dedicated for the sale of the food items listed in subparagraph (A) of this paragraph.
(ii) For the purposes of this subparagraph, the term "selling area" means the area in a retail establishment that is open to the public. The term "selling area" does not include storage areas, preparation areas, or rest rooms.
(22B) "Game of skill machine" has the meaning set forth in § 36-641.01(6)
(23) “Go-cup” means a drinking utensil provided at no charge or a nominal charge to a customer for the purpose of consuming alcoholic beverages off the premises of an establishment.
(24) “Gross annual receipts” means the total amount of money received during the most recent one-year accounting period for the sale of food and alcoholic beverages, not including the amount received for taxes and gratuities in conjunction with sales or charges for entertainment or other services. Gross annual receipts are subject to audit and examination under § 25-802.
(24A) “Gross annual food sales” means the total amount of food sold during the most recent one-year accounting period. Gross annual food sales are subject to audit and examination under § 25-802.
(24B) “Growler” means a reusable container that is capable of holding up to 64 fluid ounces of beer or wine and is designed to be filled and sealed on premises for consumption off premises.
(25) “Hotel” means an establishment where food and lodging are regularly furnished to transients and which has at least 30 guest rooms and a dining room in the same or connecting buildings.
(26) “Interest” includes the ownership or other share of the operation, management, or profits of a licensed establishment. The term “interest” shall not include an agreement for the lease of real property.
(27) “Keg” means a container which is capable of holding 4 gallons or more of beer, wine, or spirits and which is designed to dispense beer, wine, or spirits directly from the container.
(28) “Land Disposition Lease” means the Land Disposition Agreement-Ground Lease By and Among the District of Columbia Redevelopment Land Agency, the District of Columbia, and DC Arena L.P., dated December 29, 1995.
(29) “Legal drinking age” means 21 years of age.
(30) "Legitimate theater" means the premises in which the principal business shall be the operation of live theatrical, operatic, or dance performances, the operation of recreational facilities, the viewing of motion picture films, or such other lawful adult entertainment as the Board, giving due regard to the convenience of the public and the strict avoidance of sales prohibited by this title, shall classify as a legitimate theater.
(31) “Locality” means the neighborhood within 600 feet of an establishment.
(31A) "Management agreement" means an operational agreement between the licensee and a third-party governing the necessary managerial functions of an establishment for a fee.
(32) “Manufacture” includes any purification or repeat distillation processes or rectification.
(32A) "Mediation" means a meeting between the applicant and the protestant held for the purposes of discussing and resolving, where possible, the concerns raised by the protestant.
(32B) “Miniature” means an alcoholic beverage in a sealed container holding 50 milliliters or less.
(33) “Nightclub” means a space in a building, and the adjoining space outside of the building, regularly used and kept open as a place that serves food and alcoholic beverages and provides music and facilities for dancing.
(34) “Nude performance” means dancing or other entertainment by a person whose genitals, pubic region, or anus are less than completely and opaquely covered and, in the case of a female, whose breasts are less than completely and opaquely covered below a point immediately above the top of the areola.
(35) “Open container” means a bottle, can, or other container that is open or from which the top, cap, cork, seal, or tab seal has at some time been removed.
(35A) “Overconcentration” means the existence of several licensed establishments that adversely affect a specific locality, section, or portion of the District of Columbia, including consideration of the appropriateness standards under § 25-313(b).
(36) “Parking” means that area of public space which lies between the property line and the edge of the actual or planned sidewalk which is nearer to such property line, as such property line and sidewalk are shown on the records of the District.
(37) “Person” includes an individual, partnership, corporation, limited liability company, and an unincorporated association.
(37A) “Pool buying agent” means the licensed vendor who is registered by the pool buying group with the Alcoholic Beverage and Cannabis Administration.
(37B) “Pool buying group” means a group of 2 or more licensees under an on-premises restaurant license (R), as defined in § 25-113(b), who have been approved by the Alcoholic Beverage and Cannabis Administration to consolidate orders for alcoholic beverages ordered through a licensed pool buying agent from any lawful source in a single order.
(38) “Portion” means the neighborhood within 1800 feet of an establishment.
(38A) "Powdered alcohol" means an alcoholic beverage product that is manufactured into a powdered or crystalline form.
(38B) "Prepared food" means food that is prepared or cooked on the premises that does not require further preparation for dine-in, carry-out, or delivery.
(39) “Protest” means a written statement in opposition to the issuance of a license.
(40) “Protest hearing” means the adjudicatory proceeding held by the Board, after receipt of a protest, to hear persons objecting to, or in support of, the issuance of a license.
(41) “Protest period” means a 45-day period during which an objection to the issuance or renewal, substantial change in operation under § 25-404, or transfer to new location, may be filed.
(42) “Residential districts” means those districts identified as residential by the zoning regulations and the official atlases of the Zoning Commission for the District of Columbia.
(43) Restaurant means a space in a building which shall:
(A)(i) Be regularly ready, willing, and able to prepare and serve food, have a kitchen which shall be regularly open, have a menu in use, have sufficient food on hand to serve the patrons from the menu, and have proper staff present to prepare and serve the food;
(ii) Be held out to and known by the public as primarily a food-service establishment;
(iii) Have all advertising and signs emphasize food rather than alcoholic beverages or entertainment;
(iv) Be open regular hours that are clearly marked with no unusual barriers to entry (such as cover charges or membership requirements);
(v) Have its kitchen facilities open until at least 2 hours before closing;
(vi) Obtain an entertainment endorsement prior to offering entertainment, charging a cover, or offering facilities for dancing;
(vii) If possessing an entertainment endorsement, be permitted to charge a cover and advertise entertainment, but shall not primarily advertise drink specials;
(viii) Be permitted to have recorded and background music without obtaining an entertainment endorsement;
(ix) Not have nude performances; and
(x) Have annual gross food sales of $1500 or $2000 per occupant (as determined by the establishment’s Board-approved certificate of occupancy), depending on license class; or
(B)(i) Have adequate kitchen and dining facilities;
(ii) Keep its kitchen facilities open until 2 hours before closing;
(iii) Obtain an entertainment endorsement prior to offering entertainment, charging a cover, or having facilities for dancing;
(iv) Be permitted to have recorded and background music without obtaining an entertainment endorsement;
(v) Not have nude performances; and
(vi) Have the sale of food account for at least 45% of the establishment’s gross annual receipts.
(C) Any licensee operating under a C/R, Do/R, C/H, or D/H license who is not in compliance with the food sales requirements of this paragraph as of [September 30, 2004], shall be permitted to maintain its current license and operations for a period of 2 years from [September 30, 2004]; provided, that there is no substantial change in operations during that period without a substantial change application.
(44) "Reusable container" means a container for a beverage or food product that is specifically designed to be sanitized and to be used at least 125 times.
(44A) “RLA” means the District of Columbia Redevelopment Land Agency.
(44B) "Roll call hearing" means the proceeding specified in a placard posted at an applicant's premises at which the applicant and the protestant are introduced to each other and the grounds for objection to the license application are read to the public.
(45) “Sale” or “sell” includes offering for sale, keeping for sale, manufacturing for sale, soliciting orders for sale, trafficking in, importing, exporting, bartering, delivering for value or in any way other than by purely gratuitously transferring. Every delivery of any alcoholic beverage made otherwise than purely gratuitously shall constitute a sale.
(46) “Section” means the neighborhood within 1,200 feet of an establishment.
(46A) "Service" unless the context indicates a different meaning, means to directly or indirectly provide, give, furnish, distribute, or provide for the consumption of alcoholic beverages.
(47) “Settlement conference” means a meeting between the applicant and the protestants held for the purpose of discussing and resolving, where possible, the objections raised by the protestants (known in regulation as a mediation).
(48) “Sign” shall have the same meaning as defined in Chapter 31 of Title 12 of the District of Columbia Municipal Regulations.
(48A) "Soccer Stadium" means a soccer stadium constructed after October 1, 2014 on a site bounded by 2nd Street, S.W., T Street, S.W., Half Street, S.W., Potomac Avenue, S.W., and R Street, S.W.
(48B) "Solicitor" means a person licensed by ABCA who is a representative of the wholesaler or manufacturer whose name appears on the solicitor's license and who is permitted to sell alcoholic beverages on behalf of the wholesaler or manufacturer.
(48C) “Southeast Federal Center” means the area as defined in section 2 of the Southeast Federal Center Public-Private Development Act of 2000, approved November 1, 2000 (Pub. L. No. 106-407; 114 Stat. 1758), and Chapter 18 of Title 11 of the District of Columbia Municipal Regulations [CDCR 11-1800].
(49) “Spirits” means:
(A) A beverage which contains alcohol mixed with water and other substances in solution, including brandy, rum, whisky, cordials, and gin; and
(B) An alcoholic beverage containing more than 21% alcohol.
(49A) "Sports wagering" shall have the same meaning as in [§ 36-601.01(c)(17)].
(50) “Statement” means a representation by words, design, picture, device, illustration, or other means.
(51) “Table” shall not include a counter, bar, or similar contrivance.
(52) “Tavern” means a space that:
(A) Is regularly used and kept open as a place where food and alcoholic beverages may be served;
(B) May offer entertainment, except nude performances, and offer facilities for dancing for patrons only with an entertainment endorsement and may have recorded and background music without an entertainment endorsement; and
(C) Does not provide facilities for dancing for its employees or entertainers.
(52A) "Third-party delivery company" means a platform or business that is registered to conduct business in the District, has a contractual relationship with a holder of an off-premises retailer, on-premises retailer, or manufacturer license to provide local, same-day delivery services or facilitate the sale of alcoholic beverages for local same-day deliveries to consumers through the use of the internet, a mobile application, or a similar technology platform, and uses its own employees or independent contractors. The term third-party delivery company does not include such a platform or business that provides an interstate shipment through the use of a common carrier as defined in § 25-772 (a) and (b).
(53) “Valid identification document” means an official identification issued by an agency of government (local, state, federal, or foreign) containing, at a minimum, the name, date of birth, signature, and photograph of the bearer; provided, that an official military identification card issued by an agency of government need not contain a signature if it contains the name, date of birth, and photograph of the bearer.
(53A) "Voucher" means a ticket issued by a game of skill machine that is redeemable for cash winnings.
(54) Repealed.
(55) Repealed.
(56) “Wine” means an alcoholic beverage containing not more than 21% alcohol by volume obtained by the fermentation of the natural sugar content of fruits or other agricultural products containing sugar whether or not other ingredients are added.
§ 25–102. Sale of alcoholic beverages without a license prohibited.
(a) No person shall sell any alcoholic beverage in the District without having first obtained an appropriate license as required by this title.
(b) Except as permitted by this title, no wholesaler or manufacturer located within the District shall offer any alcoholic beverage for sale to, or solicit orders for the sale of any alcoholic beverage from, any person not licensed under this title, irrespective of whether the sale is to be made inside or outside the District.
(c) No person located outside the District shall ship, import, or cause to be shipped or imported into the District, any alcoholic beverage without having first obtained an importation permit under this title for such shipment or importation.
(d) No person operating any premises where food, nonalcoholic beverages, or entertainment are sold or provided for compensation or where facilities are especially provided and service is rendered for the consumption of alcoholic beverages who does not possess a license under this title shall permit the consumption of alcoholic beverages on the premises.
(e)(1) No person shall sell or transfer alcoholic beverages between members of a pool buying group, except for the combination of individual orders and the placement of a pool order with a distributor.
(2) To effectuate convenience or economies of delivery of pool orders, a pool member other than the buying agent may transfer to another pool member any portion of the alcoholic beverages ordered by the transferee retailer as part of the single transaction pool purchase; provided, that:
(A) The acquisition of alcoholic beverage product is recorded on an invoice maintained by both participating retailers for 3 years and the invoice includes:
(i) That the transferee retailer has properly ordered the alcoholic beverages as part of the pool order;
(ii) The date of acquisition;
(iii) The business names and addresses, the license names, and numbers of both licenses involved; and
(iv) The resale certificate number of the licensee acquiring the products for resale; and
(B) The transfer is being made without cost or charge by the transferor retailer of any nature whatsoever.
(3) A transfer pursuant to this subsection shall be made within 7 days of the pool delivery without any cost or charge whatsoever to the transferee retailer.
§ 25–103. Exceptions to license requirement.
(a) A physician, dentist, veterinarian, or person in charge of an institution regularly conducted as a hospital or sanatorium for the care of persons in ill health, or as a home devoted exclusively to the care of aged people, may administer alcoholic beverages to a patient in their care receiving treatment.
(b) This title shall not apply to alcohol sold for use in the manufacture and sale of any of the following if they are unfit for beverage purposes:
(1) Denatured alcohol produced and used pursuant to Acts of Congress and regulations promulgated thereunder;
(2) Patent, proprietary, medicinal, pharmaceutical, antiseptic, and toilet preparations;
(3) Flavoring extracts, syrups, and food products; or
(4) Scientific, chemical, mechanical, and industrial products.
§ 25–104. Board authority to grant licenses.
(a) The Board may issue licenses to persons who meet the requirements set forth in this title.
(b) All licenses issued under this title, except for a festival license, temporary license, farmer's market license, or pub crawl license issued under § 25-115, shall be valid for a term of 3 years and may be renewed upon completion of the procedures set forth in this title and payment of the required fees.
(c) A license to sell alcoholic beverages in the District can be granted only by the Board upon completion of the application and review process as contained in this title.
(d) Except as set forth in subchapter II of this chapter, each license or permit shall particularly describe the place where the rights of the license are to be exercised.
(e) The Board, in issuing licenses, may require that certain conditions be met if it determines that the inclusion of the conditions will be in the best interest of the locality, section, or portion of the District where the licensed establishment is to be located. The Board, in setting the conditions, shall state, in writing, the rationale for the determination.
(f) Unincorporated associations, other than limited liability companies, shall not be issued a license other than a festival license or a temporary license.
Subchapter II. Classification of Licenses and Permits.
§ 25–110. Manufacturer’s licenses.
(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 and deliver 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. Except as provided in § 25-126, the licensee may sell and deliver wine and spirits to the consumer only in barrels, cans, kegs, 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 and deliver 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. Except as provided in § 25-126, the licensee may sell beer to the consumer only in barrels, cans, kegs, and sealed bottles, which shall not be opened after sale, or the contents consumed, on the premises where sold.
(C)(i) A holder of a manufacturer's license, Class B, that collaborates with another brewery, regardless of jurisdiction, to use the beer brewed at the licensed premises or the licensee's beer recipe to produce a new beer at another location may sell and deliver the new beer to a consumer in growlers and crowlers for off-premises consumption; provided, that the growlers and crowlers shall not be opened after sale or the contents consumed on the premises sold.
(ii) For the purposes of sub-subparagraph (i) of this subparagraph, the container containing the beer produced by the holder of a manufacturer's license, Class B, in collaboration with another brewery, shall contain the names of both breweries.
(3)(A) A manufacturer’s license, class C, shall authorize the licensee to operate a facility for the manufacture of alcohol-infused confectionery food products at the establishment described in the license.
(B) The license shall authorize the licensee to sell the alcohol-infused confectionary food products manufactured under the license to:
(i) Another licensee licensed under this title for resale;
(ii) A dealer licensed under the law of any state or territory of the United States for resale; and
(iii) A consumer.
(C) The licensee shall sell the alcohol-infused confectionery food products in a sealed or closed container.
(D) Alcohol-infused confectionery food products shall not contain alcohol in excess of 5% by volume.
(E) All alcohol-infused confectionery food products that are manufactured or sold that contain between one-half of one percent and 5% of alcohol by volume:
(i) Shall not be sold to individuals under 21 years of age;
(ii) Shall state on the label that the sale of the product to an individual under 21 years of age is prohibited;
(iii) Shall state on the label the brand of alcohol used in the alcohol-infused confectionery food product; and
(iv) Shall state on the label that the alcohol-infused confectionery food product contains alcohol up to 5% by volume.
(F) A manufacturer’s license, class C, shall be required to obtain and maintain all appropriate licenses required by the Department of Health related to the sale and manufacture of alcohol-infused confectionery food products.
(G) The minimum annual fee for a class C manufacturer’s license shall be $1,000.
(H) A holder of a manufacturer's license, class C, that owns 2 or more locations shall be permitted to transport products from one location to the other location that the licensee owns.
(4) A manufacturer's license shall not be required for persons who manufacture beer or wine at their residence; provided, that the wine or beer is for personal consumption only and not for resale.
(a-1)(1) Subject to paragraph (2) of this subsection, a holder of a manufacturer's license, class A, that collaborates with another winery, regardless of jurisdiction, to use the wine manufactured at the licensed premises or the licensee's wine recipe to produce a new wine at another location may sell and deliver the new wine to a consumer in growlers and crowlers for off-premises consumption; provided, that the growlers and crowlers shall not be opened after sale or the contents consumed on the premises sold.
(2) The container containing the wine produced by the holder of the manufacturer's license, class A, in collaboration with another winery, shall contain the names of both wineries.
(b) A separate license shall be required for each establishment under subsection (a)(1)(A)(i) of this section.
(c) A holder of a manufacturer's license, class A or B, that owns 2 or more breweries, wineries, or distilleries in the District shall be permitted to transport alcoholic beverages manufactured at one brewery, winery, or distillery to the other brewery, winery, or distillery.
(d)(1) A holder of a manufacturer's license, class A, B, or C, 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 permit 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 substantial change permit request made pursuant to this subsection to a licensee more than 12 times in a calendar year.
§ 25–111. Wholesaler’s licenses.
(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.
(a-1) A holder of a wholesaler's license, class A or B, shall not ship or deliver alcoholic beverages in accordance with subsection (a) of this section unless the alcoholic beverages are:
(1) Delivered to and unloaded upon the wholesaler's licensed premises;
(2) Kept inside of the wholesaler's licensed premises for a minimum of 4 hours; and
(3) Recorded in the wholesaler's inventory.
(b) [Repealed].
(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.
§ 25–112. 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 ABCA 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.
(h)(1) A retailer with commercial street frontage at the Walter E. Washington Convention Center that sells food and is approved by the Washington Convention and Sports Authority to sell alcoholic beverages for on-premises consumption ("Convention Center food and alcohol business") that registers as a Convention Center food and alcohol business with the Board and receives written authorization from ABCA may sell beer, wine, or spirits in closed containers to individuals for carry out and may deliver beer, wine, or spirits in closed containers to consumers in the District, pursuant to §§ 25-113(a)(3)(C) and 25-113.01(g); provided, that such carry out and delivery orders are accompanied by one or more prepared food items.
(2) Board approval shall not be required for a registration under this subsection that occurs before April 1, 2021.
(3) After March 31, 2021, a Convention Center food and alcohol business that does not hold a valid registration under this subparagraph shall be required to obtain a carry out and delivery license as set forth in § 25-113.01(g) to sell beer, wine, or spirits in closed containers to customers to carry out and to sell and deliver to the homes of District residents beer, wine, or spirits in closed containers for delivery .
(4) A Convention Center food and alcohol business that has been authorized to offer alcoholic beverages for carry out and delivery in accordance with paragraph (1) of this subsection may only offer alcoholic beverages for carry out and delivery between the hours of 6:00 a.m. and 1:00 a.m., 7 days a week.
(i)(1) An applicant for a grocery store that is newly constructed with a certificate of occupancy issued after January 1, 2021, that meets the requirements of § 25-333(f) shall be permitted to apply for one 25% grocery store class A retailer license in Ward 7, Ward 8, Ward 5 if located in a Qualified Supermarket Tax Incentive Area, as defined in § 47-3801, or Ward 6 if located in an area bounded by a line beginning at the intersection of 1st Street, S.W., and M Street, S.W., continuing east along M Street, S.W., to South Capitol Street, S.W., then continuing south along South Capitol Street, S.W., to the Anacostia River, then continuing along the northern bank of the Anacostia River to 2nd Street, S.W., then continuing north along 2nd Street, S.W., to the intersection of 2nd Street, S.W., and Canal Street, S.W., then continuing northeast along Canal Street, S.W., to the intersection of Canal Street, S.W., and N Street, S.W., then continuing east along N Street, S.W., to the intersection of N Street, S.W., and 1st Street, S.W., then continuing north along 1st Street, S.W., to the intersection of 1st Street, S.W., and M Street, S.W.. After 12 months of operation in Ward 7, Ward 8, Ward 5 if located in a Qualified Supermarket Tax Incentive Area, as defined in § 47-3801, or Ward 6 if located in an area bounded by a line beginning at the intersection of 1st Street, S.W., and M Street, S.W., continuing east along M Street, S.W., to South Capitol Street, S.W., then continuing south along South Capitol Street, S.W., to the Anacostia River, then continuing along the northern bank of the Anacostia River to 2nd Street, S.W., then continuing north along 2nd Street, S.W., to the intersection of 2nd Street, S.W., and Canal Street, S.W., then continuing northeast along Canal Street, S.W., to the intersection of Canal Street, S.W., and N Street, S.W., then continuing east along N Street, S.W., to the intersection of N Street, S.W., and 1st Street, S.W., then continuing north along 1st Street, S.W., to the intersection of 1st Street, S.W., and M Street, S.W., the holder of a 25% grocery store class A retailer license shall be permitted to apply for one additional 25% grocery store class A retailer license for a grocery store that is newly constructed with a certificate of occupancy issued after January 1, 2021, that meets the requirements of § 25-333(f) at a location in Wards 1 through 6.
(2) For the purposes of this subsection, the election ward boundaries in effect from January 1, 2012, through December 31, 2021, apply to each ward referenced in this subsection.
§ 25–113. On-premises retailer’s licenses.
*NOTE: This section includes amendments by emergency legislation that will expire on June 19, 2024. To view the text of this section after the expiration of all emergency and temporary legislation, click this link: Past Permanent Version.*
(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)(i) 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.
(ii) It shall be a secondary tier violation for an on-premises retailer’s class C or D licensee, to knowingly allow a patron to exit the licensed establishment with an alcoholic beverage in an open container.
(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.
(C)(i) An on-premises retailer licensee, class C/R, D/R, C/T, D/T, C/H, D/H, C/N, D/N, C/X, or D/X, including a multipurpose facility or private club, that registers with the Board and receives written authorization from ABCA may sell beer, wine, or spirits in closed containers to individuals for carry out, or deliver beer, wine, or spirits in closed containers to consumers in the District between the hours of 6:00 a.m. and 1:00 a.m., 7 days a week; provided, that each such carry out or delivery order is accompanied by one or more prepared food items.
(ii) Board approval shall not be required for a registration under this subparagraph that occurs prior to April 1, 2021. After March 31, 2021, an on-premises retailer that does not hold a valid registration under this subparagraph shall be required to obtain a carry out and delivery endorsement as set forth in § 25-113.01(f) in order to sell for carry out and deliver alcoholic beverages.
(D) [Expired].
(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.
(5)(A) Except as provided in subparagraph (B) of this paragraph, a licensee of an on-premises retailer's license, class C or D, shall not purchase alcoholic beverages from an off-premises retailer's license, class A or B.
(B) The licensee of an on-premises retailer's license, class C or D, may purchase alcoholic beverages from an off-premises retailer's license, class A, on Saturday, Sunday, or holiday during the hours when licensees under a wholesaler's license are closed.
(6)(A) An on-premises retailer licensee, class C/R, D/R, C/T, D/T, C/H, D/H, C/N, D/N, C/X, or D/X, including a multipurpose facility or private club, or a manufacturer licensee, class A, B, or C, with an on-site sales and consumption permit, or a Convention Center food and alcohol business may register with the Board in 2022, 2023, and 2024 to sell, serve, and permit the consumption of beer, wine, and spirits to consumers on new or expanded temporary ground floor or street level outdoor public or private space not listed on its existing license for the entire 12 months of 2022, 2023, and 2024. Board approval shall not be required to register; provided, that the licensee:
(i)(I) Registers with the Board in 2022, 2023, and 2024;
(II) Pays a $100 fee annually with the fee for 2024 due by April 1, 2024; except, that an on-premises retailer licensee, class C/T, D/T, C/N, or D/N, or a manufacturer licensee class B, shall pay the fee for 2024 by September 30, 2024;
(III) Notifies the Office of Advisory Neighborhood Commissions by electronic mail of the registration; and
(IV) Receives written authorization from ABCA prior to selling, serving, or permitting the consumption of alcoholic beverages on the proposed outdoor public or private space;
(ii) Registers with the District Department of Transportation ("DDOT") prior to operating on any proposed outdoor public space or receives written approval from the property owner prior to utilizing any proposed outdoor private space; and
(iii) Agrees to follow all applicable Mayor's Orders and Department of Consumer and Regulatory Affairs, Department of Health, DDOT, and ABCA regulations and administrative issuances.
(B) An on-premises retailer licensee, class C or D, or a manufacturer licensee, class A, B or C, with an on-site sales and consumption permit or a Convention Center food and alcohol business that has registered with the Board and receives written authorization from ABCA to sell, serve, and permit the consumption of beer, wine, and spirits to seated patrons on outdoor public or private space not listed on its license in accordance with subparagraph (A) of this paragraph shall:
(i) Ensure that the proposed outdoor public or private space is located in a commercial or mixed-use zone as defined in the District's zoning regulations;
(ii) Abide by the terms of its public space permit with regard to the allowable placement of alcohol advertising, if any, in outdoor public space; and
(iii) Have its own clearly delineated outdoor space and not share tables and chairs with another business.
(C) Registration under subparagraph (A) of this paragraph shall be valid for the entire 12 months of 2022, 2023, and 2024. The Board may fine, suspend, or revoke an on-premises retailer license, class C or D, or a manufacturer license, class A or B, with an on-site sales and consumption permit, and shall revoke the registration to sell, serve, or permit the consumption of beer, wine, or spirits on outdoor public or private space not listed on the license if the licensee fails to comply with subparagraph (A) or (B) of this paragraph.
(D)(i) Notwithstanding subparagraph (B) of this paragraph, the Board shall interpret settlement-agreement language that restricts sidewalk cafés or summer gardens as applying only to those outdoor spaces that are currently licensed by the Board as sidewalk cafés or summer gardens.
(ii) The Board shall not interpret settlement-agreement language that restricts or prohibits sidewalk cafés or summer gardens to apply to new or expanded outdoor space, the use of which is permitted under this paragraph.
(iii) The Board shall not interpret settlement-agreement language that restricts or prohibits the operation of permanent outdoor space to prohibit the temporary operation of sidewalk cafés or summer gardens.
(iv) The Board shall require all on-premises retailer licensees, class C or D, or manufacturer licensees, class A or B, with an on-site sales and consumption permit, to delineate or mark currently licensed outdoor space from new or extended outdoor space authorized by DDOT or the property owner.
(v) With regard to existing outdoor public or private space, parties to a settlement agreement shall be permitted to waive provisions of the settlement agreement that address currently licensed outdoor space for a period not to exceed 180 days.
(E) For purposes of this paragraph, ground floor or street level sidewalk cafés or summer gardens enclosed by awnings or tents having no more than 2 sides shall be considered outdoor space, and areas enclosed by retractable glass walls and other forms of operable walls shall not be considered outdoor space. Temporary unlicensed rooftops and summer gardens not located on the ground floor or street level are not eligible for registration under subparagraph (A) of this paragraph.
(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) [Repealed].
(5)(A) Notwithstanding any other provision of this subchapter, the holder of a class CR retailer license shall be authorized to permit a patron to remove one partially consumed bottle or other container of wine or spirits for off-premises consumption. The holder of a class DR retailer license shall be authorized to permit a patron to remove one partially consumed bottle or other container of wine for off-premises consumption.
(B) A partially consumed bottle or other container of wine or spirits that is to be removed from the premises must be securely resealed by the licensee or the licensee's employee before removal from the premises.
(C) The partially consumed bottle or container shall be placed in a bag or other closed container that is secured in such a manner that it will be visibly apparent whether the closed container has been subsequently opened or tampered with, and a dated receipt for the bottle or container of wine or spirits shall be provided by the licensee and attached to the closed container.
(D) A licensee that registers with the Board under subparagraph (A) of this paragraph shall not be required to satisfy the notice or posting requirements set forth in §§ 25-421 and 25-422.
(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) [Repealed].
(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.
(6) A restaurant operating inside of a hotel shall be eligible to obtain a hotel license; provided, that the restaurant has a written agreement with the hotel to sell and serve alcoholic beverages in the hotel’s dining rooms, lounges, banquet halls, other similar facility, or in the private rooms of registered guests.
(7)(A) Notwithstanding any other provision of this subsection, a retailer class CH licensee under this section is authorized to permit a patron to remove one partially consumed bottle or container of wine or spirits for off-premises consumption. The holder of a class DH retailer license shall be authorized to permit a patron to remove one partially consumed bottle or other container of wine for off-premises consumption.
(B) A partially consumed bottle or other container of wine or spirits that is to be removed from the premises shall be securely resealed by the licensee or the licensee's employee before removal from the premises.
(C) The partially consumed bottle or other container shall be placed in a bag or other closed container that is secured in such a manner that it will be visibly apparent whether the closed container has been subsequently opened or that a person has tampered with the closed container.
(D) The licensee or the licensee's employee shall provide a dated receipt for the bottle or other container of wine or spirits, which shall be attached to the closed container.
(f)(1) A club license shall be issued only for a club.
(2) No license shall be issued to a club that has not been incorporated for at least 3 months 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 to legitimate theaters, universities, museums, conference centers, art galleries, facilities for the performance of sports, cultural, or tourism-related activities, and to indoor parks, buildings, and facilities that primarily serve as recreational playgrounds or workspaces.
(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) A caterer’s license shall be issued only to a caterer.
(B) A caterer licensed under this subsection shall possess or have reasonable and on-going access to a kitchen licensed by the District of Columbia Department of Health or other applicable state agency in which to prepare the food for a catered event.
(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 retailer licensees, class A or AI, may sell alcoholic beverages to caterers licensed under this subsection regardless of the number of persons attending the catered event.
(6) A caterer shall be prohibited from holding a catered event under its license that takes place on a public street that has been closed by the District government.
(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 ABCA staff. A licensee may also store its books and records on the premises electronically. The records stored on the premises electronically shall be made immediately available at the request of ABCA 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 penalties set forth in § 25-830(c).
(D) A violation of this section shall also be a primary tier violation under § 25-830(c).
(k)(1) A bed and breakfast license shall be issued to a bed and breakfast that serves food only to registered guests, and their guests.
(2) The license shall allow the service of alcoholic beverages to registered guests, and their guests, only for on-premises consumption in their private rooms or in the dining room, lounge, banquet hall, or other similar facility on the licensed premises.
(3) The cost of alcoholic beverages served to registered guests, and their guests, shall be included by the licensee in the registered guest's room fee or with the cost of a meal.
(4) There shall be 2 classes of bed and breakfast licenses:
(A) Class C/B (spirits, beer, and wine); and
(B) Class D/B (beer and wine).
§ 25–113.01. License endorsements.
(a) All license endorsements shall be placed on the applicant’s license.
(b)(1) The licensee under a manufacturer’s license, class A, B, or C, holding an on-site sales and consumption permit or a retailer's license, class C/R, D/R, C/H, D/H, C/T, D/T, C/B, and D/B, shall obtain an entertainment endorsement from the Board to be eligible to have entertainment, a cover charge, or offer facilities for dancing.
(2) The licensee under a manufacturer’s license, class A, B, or C, holding an on-site sales and consumption permit shall only provide entertainment between the hours of 6:00 a.m. to 1:00 a.m., 7 days a week.
(c) The licensee under a manufacturer’s license class A, B, or C holding an on-site sales and consumption permit or an on-premises license, class C/R, D/R, C/H, D/H, C/T, D/T, C/N, D/N, C/X, D/X, C/B, and D/B, shall obtain a sidewalk café endorsement or summer garden endorsement from the Board to be eligible to conduct business operations on a sidewalk café or summer garden, which may include the sale, service, and consumption of alcoholic beverages on outdoor public or private space. The licensee under a manufacturer’s license class A, B, or C holding an on-site sales and consumption permit may be authorized to conduct business operations on a sidewalk cafe or summer garden only between the hours of 6:00 a.m. and 1:00 a.m., 7 days a week.
(c-1) Notwithstanding subsection (c) of this section, an on-premises retailer licensee, class C or D, or a manufacturer licensee, class A, B, or C, with an on-site sales and consumption permit may conduct business on a ground floor or street level outdoor public or private space, including the sale, service, and consumption of alcoholic beverages; provided, that the licensee complies with § 25-113(a)(6).
(d) The license under an on-premises retailer's license, class C/R, D/R, C/H, D/H, C/T, D/T, C/N, D/N, D/X, C/X and class Arena C/X or a manufacturer's license class A or B holding an on-sites sales and consumption permit, shall obtain a sports wagering endorsement from the Board to be eligible to offer sports wagering.
(e)(1) A licensee under a manufacturer's license class A or B holding an on-site sales and consumption permit, or an on-premises retailer's license, class C/R, D/R, C/H, D/H, C/T, D/T, C/N, D/N, C/X, or DX, shall obtain a game of skill machine endorsement from the Board in order to offer a game of skill machine on the licensed premises.
(2)(A) A game of skill machine shall not be placed on outdoor public or private space; except, that the Board, in its discretion, may allow for the placement of a game of skill machine on outdoor public or private space if, in the Board's determination, activity associated with the game of skill machine is:
(i) Not visible from a public street or sidewalk;
(ii) Adequately secured against unauthorized entrance; and
(iii) Accessible only by patrons from within the establishment.
(B) Subparagraph (A) of this paragraph shall not apply to a licensee operating a passenger-carrying marine vessel in accordance with § 25-113(h).
(f)(1) Effective April 1, 2021, a licensee under an on-premises retailer's license, class C/R, D/R, C/T, D/T, C/H, D/H, C/N, D/N, C/X, or D/X, including a multipurpose facility or private club, shall obtain a carry out and delivery endorsement from the Board to be eligible to sell beer, wine, or spirits in closed containers to individuals for carry out, or deliver beer, wine, or spirits in closed containers to consumers in the District.
(2) Carry out sales and delivery shall be authorized under paragraph (1) of this subsection only between the hours of 6:00 a.m. and 1:00 a.m., 7 days a week.
(3) Each carry out or delivery order of an alcoholic beverage pursuant to paragraph (1) of this subsection shall be accompanied by one or more prepared food items.
(4) The annual fee for a carry out and delivery endorsement shall be established by the Board in an amount not less than $200.
(5) An on-premises retailer licensee that has registered with the Board under § 25-113(a)(3)(C) before April 1, 2021 ("registered licensee"), shall not be required to apply with the Board for an endorsement under this subsection, and the registered licensee shall be granted the carry out and delivery endorsement upon request to the Board, if the registered licensee makes the request and pays the annual fee required by paragraph (4) of this subsection by March 31, 2021.
(g)(1) Effective April 1, 2021, a Convention Center food and alcohol business that has registered with the Board under § 25-112(h), shall obtain a carry out and delivery license from the Board to be eligible to sell beer, wine, or spirits in closed containers to individuals for carry out, or deliver beer, wine, or spirits in closed containers to consumers in the District.
(2) Carry out sales and delivery shall be authorized under paragraph (1) of this subsection only between the hours of 6:00 a.m. and 1:00 a.m., 7 days a week.
(3) Each carry out or delivery order of an alcoholic beverage pursuant to paragraph (1) of this subsection shall be accompanied by one or more prepared food items.
(4) The annual fee for a carry out and delivery license shall be established by the Board in an amount not less than $200.
(5) A Convention Center food and alcohol business that has registered with the Board under § 25-112(h) before April 1, 2021 ("registered Convention Center food and alcohol business"), shall not be required to apply with the Board for a license under this subsection, and the registered Convention Center food and alcohol business shall be granted a carry out and delivery license upon request to the Board, if the registered Convention Center food and alcohol business makes the request and pays the annual fee required by paragraph (4) of this subsection by March 31, 2021.
(6) Beginning June 30, 2022, and each year thereafter, ABCA shall submit an annual report to the Council on the outcomes of this section, including the number of on-premise licensees participating in the carry-out and delivery option, and the number of on- and off-premise retailer licensees that may have closed after the carry-out and delivery option was implemented
§ 25–114. Arena C/X license requirements and qualifications; special provisions for on-premises retail licenses, class C, at DC Arena.
(a) A retailer’s license, class Arena C/X, shall be issued only for the DC Arena or the Soccer Stadium and shall permit the storage and sale of spirits, wine, and beer for consumption on the premises of the DC Arena or the Soccer Stadium. 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 [of this title], 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.
(c)(1) Upon application by an applicant as set forth in Chapter 4 of this title, the Board shall issue one or more retailer's licenses, class Arena C/X, to the operator of the Soccer Stadium.
(2) At the option of the operator of the Soccer Stadium, the licenses may be issued to concessionaires and tenants of the Soccer Stadium, as may be requested from time to time by the operator of the Soccer Stadium.
(3) Licenses may be canceled by the Board if the initial operator ceases to operate the Soccer Stadium.
(4) If the operator of the Soccer Stadium assigns its interest in the Soccer Stadium, the Board may transfer the licenses to the operator's assignee, upon application under Chapter 4 of this title 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, the Soccer Stadium 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 or the Soccer Stadium for suitable locations within the DC Arena or the Soccer Stadium, approved by the Board, where food and alcoholic beverages are served.
§ 25–115. Temporary license requirements and qualifications.
(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).
(f) The holder of a temporary license shall be permitted to receive deliveries from a wholesaler up to 48 hours before a Board-approved event occurring on a Saturday, Sunday, or holiday. The alcoholic beverages delivered pursuant to this subsection shall not be consumed until the date and time of the event and shall be stored in a secure location.
§ 25–116. Solicitor’s license requirements and qualifications.
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.
§ [25–116.01]. Pub endorsement.
(a) An on-premises retailer's license, class C or D, may apply for one or more pub endorsements in accordance with § 25-117, [§] 25-124, or [§] 25-125.
(b) The minimum annual fees for a pub endorsement shall apply as follows:
| 1 pub endorsement | $5,000 |
| 2 pub endorsements | $7,500 |
| 3 pub endorsements | $9,000. |
§ 25–117. Brew pub endorsement requirements and qualifications.
(a)(1) A brew pub endorsement shall authorize the licensee to brew malt beverages at one location for consumption at a licensed restaurant, tavern, multipurpose facility, hotel, or nightclub and for sale to licensed wholesalers, and retailers.
(2) Except as provided in paragraph (3) of this subsection, the location used to brew malt beverages shall be on or immediately adjacent to the facility used by the on-premises retailer's license class C or D licensee that is licensed to the brew pub owner in accordance with subsection (b) of this section.
(3) A licensee holding a brew pub endorsement may brew malt beverages at a location that is not on or immediately adjacent to the facility used by the on-premises retailer's license class C or D licensee; provided, that:
(A) The licensee obtains an off-site production permit, as defined by regulation;
(B) The location of the off-site production permit is within 600 feet of the licensed establishment; and
(C) No on-premises or off-premises sales occur at the off-site production location.
(4) The minimum annual fee for an off-site production permit shall be $500 per year.
(5)(A) A licensee holding a brew pub endorsement shall be permitted to sell and deliver annually up to 15,500 gallons of malt beverages brewed at the location to other retail licensees for resale purposes.
(B) A licensee holding a brew pub endorsement shall deliver malt beverages brewed at its location to other licenses through the services of an employee or an independent contractor. The licensee shall not use a third-party delivery company or platform.
(C) The Board shall issue proposed regulations to require the holders of brew pub endorsements to provide quarterly reports evidencing compliance with the requirements of this paragraph.
(a-1) If a licensee has submitted a completed application for or received a brew pub endorsement on or after February 7, 2018, the establishment shall only be permitted to sell beer brewed at the licensed location to patrons in growlers for off-premises consumption.
(a-2)(1) If a licensee possesses or has submitted a completed brew pub application before February 7, 2018, the establishment may sell beer to patrons in growlers for off-premises consumption if:
(A) Within 60 days of receiving the brew pub endorsement, the licensee, at all times, makes beer manufactured at the licensed premises available and offers it for sale to patrons or has beer that is in the process of being manufactured and currently undergoing the production process on the licensed premises; and
(B) The holder of the brew pub endorsement has beer manufactured at the licensed premises available and offers it for sale to patrons on the licensed premises for at least 90 days in a calendar year;
(2)(A) The holder of the brew pub endorsement shall maintain upon the licensed premises, either physically or electronically, books and records that reflect the days in which beer manufactured on the licensed premises was available and offered for sale to patrons.
(B) The holder of the brew pub endorsement shall allow any ABCA investigator or any member of the Metropolitan Police Department a full opportunity to examine its records at any time during its operating hours.
(3) It shall be a violation for the holder of a brew pub endorsement issued pursuant to paragraph (1) of this subsection to not have manufacturing equipment on the licensed premises or to not be in compliance with subsection (a-1) of this section within 60 days of the issuance of the brew pub endorsement.
(4) In accordance with § 25-823, the Board may fine, as set forth in the schedule of civil penalties established under § 25-830, and revoke or suspend a brew pub endorsement if the holder of a brew pub endorsement fails to comply with the terms of this subsection.
(5) A brew pub endorsement issued pursuant to this subsection shall expire upon the revocation, cancellation, or transfer of the license.
(a-3) All holders of brew pub endorsements may also sell beer brewed at the pub location licensed by the Board to patrons in crowlers, barrels, cans, kegs, sealed bottles, or other closed containers for off-premises consumption.
(b) A brew pub endorsement shall be issued only to the licensee under on-premises retailer's license, class C or D, or in conjunction with the issuance of on-premises retailer's license, class C or D.
(c) A brew pub endorsement shall be cancelled or revoked if the on-premises retailer's license, class C or D, ceases to operate or the license is revoked or cancelled.
(d) A brew pub endorsement 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.
(e) A licensee holding brew pub endorsements at separate locations in the District shall be permitted to transport beer manufactured at one brew pub facility to another brew pub facility owned by the licensee for sale and consumption.
(f) A licensee holding a brew pub endorsement shall be authorized to sell and deliver beer directly to a consumer for off-premises consumption if the beer is:
(1) Manufactured at the brew pub facility;
(2) Manufactured by the holder of the brew pub endorsement or an entity, regardless of jurisdiction, with a shared ownership interest of 5% or more in the location where the beer pub endorsement is located; or
(3) Manufactured by the holder of the brew pub endorsement as part of a collaboration with another manufacturer, regardless of jurisdiction.
§ 25–118. Tasting permit requirements and qualifications.
(a) A tasting permit shall be issued only to a licensee under a manufacturer's license, class A, B, or C, a retailer's license, class A or B, or a wholesaler's license, class A or B, to utilize a portion of its 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) Except as provided in subsection (g)(2) of this section, a licensee that holds a tasting permit 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 wine and spirits, the holder of a manufacturer's license, class B, may utilize a portion of the licensed premises for the sampling of beer, and the holder of a manufacturer's license, class C, may utilize a portion of the licensed premises for the sampling of alcohol-infused confectionary food products between the hours of 6:00 a.m. and 1:00 a.m., 7 days a week.
(f)(1) The holder of a wholesaler's license, class A, may utilize a portion of the licensed premises for the sampling of beer, wine, and spirits, and the holder of a wholesaler's license, class B, may utilize a portion of the licensed premises for the sampling of beerbetween the hours of 6:00 a.m. and 1:00 a.m., 7 days a week.
(2) Wholesaler tastings shall:
(A) Not be open to the public;
(B) Be for the purpose of educating staff and introducing products to licensees: and
(C) Be limited to the following:
(i) Retailers;
(ii) Manufacturers;
(iii) Temporary and festival license holders;
(iv) Solicitors; and
(v) Wholesaler staff.
(3) The Board may approve the holder of a wholesaler's license, class A or B, that has obtained a tasting permit for its licensed premises to conduct tastings not open to the public at a designated common area of a storage facility where the wholesaler is a tenant.
(f-1)(1) The holder of an off-premises retailer's license, class AI, may utilize a portion of the licensed premises for the sampling of beer, wine, and spirits during its approved hours of operation; provided, that the tastings are:
(A) Not open to the public; and
(B) Limited to temporary and festival license holders and caterers.
(2) The holder of an off-premises retailer's license, class BI, may utilize a portion of the licensed premises for the sampling of beer and wine during its approved hours; provided, that the tastings are:
(A) Not open to the public; and
(B) Limited to temporary and festival license holders.
(3) The Board may approve the holder of an off-premises retailer's license, class AI or BI, that has obtained a tasting permit for its licensed premises to conduct tastings closed to the public at a designated common area of a storage facility where the licensee is a tenant.
(g)(1) The Board may issue a tasting permit to a private collector to conduct tastings closed to the public between the hours of 6:00 a.m. and 1:00 a.m., 7 days a week.
(2) A private collector who holds a tasting permit may exceed the 6 ounce sampling limit for wine set forth in subsection (c)(2) of this section; provided, that the private collector does not serve customers more than 2 ounce servings of wine at a time.
(h) For the purposes of this section, the term:
(1) "Storage facility" means a bonded warehouse in the District of Columbia licensed by the Board for the storage of alcoholic beverages.
(2) "Tasting" means a gathering at which an authorized licensee provides samples of spirits, wine, and beer to people to compare and evaluate.
§ 25–119. Importation permit requirements and qualifications.
(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 and the canceled permit maintained for 3 years.
§ 25–120. Manager’s license requirements and qualifications.
(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 3 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 3 years from the date of the initial certification.
(e) Repealed.
(f) Repealed.
(g) Repealed.
(h) A manager required to complete an alcohol training and education certification program under this section shall submit to the Board a copy of the certificate received from the Alcohol training and education certification provider.
(i)(A) The Board may fine, suspend, revoke, or not renew the manager's license of a manager who within the prior 3 years has:
(i) Directly sold an alcoholic beverage to a minor on 2 or more dates;
(ii) Directly interfered with an ABCA or Metropolitan Police Department investigation;
(iii) Made false or misleading statements during or after a regulatory inspection or investigation;
(iv) Aided, abetted, or conspired with a licensed or unlicensed person to evade compliance with the requirements of this title; or
(v) Allowed the manager's license to be used by another person or borrowed another person's license.
(B) The Board shall provide notice to the holder of the manager’s license pursuant to the requirements set forth in § 25-447(c) before suspending or revoking a manager’s license pursuant to this subsection.
(C) A subsequent manager’s license application for the person whose license was suspended or revoked or renewal denied shall not be considered within 2 years of a previous Board suspension, revocation, or denial.
§ 25–121. Alcohol training and education certification providers.
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.
§ 25–122. Pool buying groups.
(a) A pool buying group shall be created in the following manner:
(1) Prior to commencing operations, a pool buying group shall file with ABCA a copy of the agreement under which the pool buying group will operate. The ABCA 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, ABCA 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 ABCA.
(d) Any addition or termination to the membership of the pool buying group shall be provided to ABCA 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 ABCA.
(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.
§ 25–123. Farm winery retail license.
(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.
§ 25–124. Wine pub endorsement.
(a) A wine pub endorsement shall authorize the licensee to manufacture wine containing no more than 21% alcohol by volume at one location from grapes, fruit, or fruit juices transported to the facility used by the on-premises retailer's license class C or D licensee for on-premises consumption and for sale to the licensed wholesalers for the purpose of resale to other licensees.
(a-1) A wine pub endorsement issued in accordance with subsection (a) shall authorize the licensee to manufacture wine containing no more than 21% alcohol by volume.
(b) A wine pub endorsement shall be issued only to the licensee under an on-premises retailer's license, class C or D, in conjunction with the issuance of an on-premises retailer's license, class C or D.
(c) Except as provided for in subsection (c-1) of this section, the location used to manufacture wine shall be on or immediately adjacent to the facility used by the on-premises retailer's license class C or D licensee that is licensed to the wine pub owner in accordance with subsection (b) of this section.
(c-1)(1) A licensee holding a wine pub endorsement may manufacture wine at a location that is not on or immediately adjacent to the on-premises retailer's license, class C or D; provided, that:
(A) The licensee obtains an off-site production permit, as defined by regulation;
(B) The location of the off-site production permit is within 600 feet of the licensed establishment; and
(C) No on-premises or off-premises sales occur at the off-site production location.
(2) The minimum annual fee for an off-site production permit shall be $500 per year.
(d) If a licensee has submitted a completed application for or received a wine pub endorsement on or after February 7, 2018, the establishment shall only be endorsementted to sell wine to patrons in sealed bottles or other closed containers for off-premises consumption if the wine is:
(1) Manufactured at the wine pub endorsement holder's licensed location;
(2) Manufactured by the holder of the wine pub endorsement or an entity, regardless of jurisdiction, with a shared ownership interest of 5% or more in the location where the wine pub endorsement is located; or
(3) Manufactured by the holder of the wine pub endorsement as a part of a collaboration with another wine manufacturer, regardless of jurisdiction.
(d-1)(1) If a licensee has submitted a completed application for or is the holder of a wine pub endorsement before February 7, 2018, the establishment may sell wine to patrons in sealed bottles or other closed containers for off-premises consumption if the licensee:
(A) Maintains an Alcohol and Tobacco Tax and Trade Bureau endorsement on the licensed premises and provides it to an ABCA Investigator upon request during operating hours;
(B) Possesses operational wine manufacturing equipment on the licensed premises; and
(C) Produces or makes reasonable efforts, as determined by the Board, to produce at least one type of wine on the licensed premises per calendar year.
(2) A licensee under this subsection shall, on or before January 15th of each calendar year, furnish to the Board on a form to be prescribed by the Board a statement under oath listing the type of wine the licensee produced or made reasonable efforts to produce on the licensed premises and the name and title of the vintner, or other person, who produced or made reasonable efforts to produce the wine.
(3) In accordance with § 25-823, the Board may fine and revoke or suspend a wine pub endorsement if the holder of a wine pub endorsement fails to comply with the terms of this subsection.
(4) A wine pub endorsement issued pursuant to this subsection shall expire upon the revocation, cancellation, or transfer of the license.
(e) [Repealed].
(f) A wine pub endorsement shall be cancelled or revoked if the on-premises retailer's license class C or D licensee ceases operation or the license is revoked or cancelled.
(g) A wine pub endorsement shall be automatically suspended whenever and for the same period that the licensee’s retailer’s license, class C or D, is suspended.
(h) A licensee holding wine pub endorsements at separate locations in the District shall be permitted to transport wine for sale and consumption manufactured at one wine pub facility to another wine pub facility owned by the licensee.
(i) A licensee holding a wine pub endorsement shall be authorized to sell and deliver wine directly to a consumer for off-premises consumption if the alcoholic beverage is:
(1) Manufactured at the wine pub facility;
(2) Manufactured by the holder of the wine pub endorsement or an entity, regardless of jurisdiction, with a shared ownership interest of 5% or more in the location where the wine pub endorsement is located; or
(3) Manufactured by the holder of the wine pub endorsement as part of a collaboration with another manufacturer, regardless of jurisdiction.
§ 25–125. Distillery pub endorsement.
(a) A distillery pub endorsement shall authorize the licensee to manufacture distilled spirits at one location from fruits or grains, to blend and rectify distilled spirits, and store distilled spirits transported to the on-premises retailer's license class C licensee for on-premises consumption, and for sale to licensed wholesalers for the purposes of resale to other licensees.
(b) A distillery pub endorsement shall be issued only to the licensee under an on-premises retailer's license, class C, in conjunction with the issuance of an on-premises retailer's license, class C.
(c) Except as provided for in subsection (c-1) of this section, the location used to manufacture or age distilled spirits shall be on or immediately adjacent to the restaurant, tavern, multipurpose facility, hotel, or nightclub licensed to the distillery pub owner in accordance with subsection (b) of this section.
(c-1)(1) A licensee holding a distillery pub endorsement may manufacture distilled spirits at a location not on or immediately adjacent to the licensed premises; provided, that:
(A) The licensee obtains an off-site production permit, as defined by regulation;
(B) The location of the off-site production permit is within 600 feet of the licensed premises; and
(C) No on-premises or off-premises sales occur at the off-site production location.
(2) The minimum annual fee for an off-site production permit shall be $500 per year.
(d)(1) If a licensee has submitted a completed application for or is a holder of a distillery pub endorsement on or after February 7, 2018, the establishment shall only be permitted to sell distilled spirits to patrons in sealed bottles or other closed containers for off-premises consumption if the spirits are:
(A) Manufactured at the distillery pub endorsement holder's licensed premises;
(B) Manufactured by the holder of the distillery pub endorsement or an entity with a shared ownership interest of 5% or more in the location where the distillery pub endorsement is located, regardless of jurisdiction; or
(C) Manufactured by the holder of the distillery pub endorsement as a part of a collaboration with another distilled spirits manufacturer, regardless of jurisdiction.
(2) Sales of distilled spirits in accordance with this subsection shall be limited to the hours of 6:00 a.m. to 1:00 a.m., 7 days a week.
(d-1)(1) if the licensee has submitted a completed application for, or is the holder of, a distillery pub endorsement before February 7, 2018, the establishment may sell distilled spirits to patrons in sealed bottles or other closed containers for off-premises consumption if:
(A) Within 60 days of receiving the distillery pub endorsement, the licensee, at all times, makes distilled spirits manufactured at the licensed premises available to and offers it for sale to patrons or has distilled spirits that is in the process of being manufactured and currently undergoing the production process on the licensed premises; and
(B) The holder of the distillery pub endorsement has distilled spirits manufactured at the licensed premises available and offered for sale to patrons on the licensed premises for at least 90 days in a calendar year.
(2) The holder of the distillery pub endorsement shall maintain upon the licensed premises, either physically or electronically, books and records that reflect the days in which distilled spirits manufactured on the licensed premises were available and offered for sale to patrons. The holder of the distillery pub endorsement shall allow any ABCA investigator or any member of the Metropolitan Police Department a full opportunity to examine its records at any time during its business hours.
(3) It shall be a violation for the holder of a distillery pub endorsement issued pursuant to paragraph (1) of this subsection to not have manufacturing equipment on the licensed premises or to not be in compliance with paragraph (1)(A) of this subsection.
(4) In accordance with § 25-823, the Board may fine and revoke or suspend a distillery pub endorsement if the holder of the distillery pub endorsement fails to comply with the terms of this subsection.
(5) A distillery pub endorsement issued pursuant to this subsection shall expire upon the revocation, cancellation, or transfer of the license.
(e) [Repealed].
(f) A distillery pub endorsement shall be cancelled or revoked if the on-premises retailer's license class C licensee ceases operations or the license is revoked or cancelled.
(g) A distillery pub endorsement shall be automatically suspended whenever and for the same period that the licensee’s on-premises retailer’s license, class C, is suspended.
(h) A licensee holding distillery pub endorsements at separate locations in the District shall be permitted to transport distilled spirits for sale and consumption manufactured at one distillery pub facility to another distillery pub facility owned by the licensee.
(i) A licensee holding a distillery pub endorsement shall be authorized to sell and deliver spirits directly to a consumer for off-premises consumption if the spirits are:
(1) Manufactured at the distillery pub facility;
(2) Manufactured by the holder of the distillery pub endorsement or an entity, regardless of jurisdiction, with a shared ownership interest of 5% or more in the location where the distillery pub endorsement is located; or
(3) Manufactured by the holder of the distillery pub endorsement as part of a collaboration with another manufacturer, regardless of jurisdiction.
§ 25–126. On-site sales consumption permit.
(a) The holder of a manufacturer’s license, class A, B, or C, may apply for an onsite sales and consumption permit to use a portion of the licensed premises for the on-premises sale, service, and consumption of beer brewed by the brewery, wine manufactured by the winery, and beverages with spirits distilled by the distillery.
(a-1)(1) A holder of a manufacturer's license, class B, that possesses an on-site sales and consumption permit and collaborates with another brewery, regardless of jurisdiction, to use beer brewed on the licensed premises or the licensee's beer recipe to produce a new beer at another location, may sell and serve the new beer for on-premises consumption; provided, that the label or the container for the beer bears the names of both breweries.
(2) A holder of a manufacturer's license, class A, that possesses an on-site sales and consumption permit and collaborates with another winery, regardless of jurisdiction, to use wine manufactured at the licensed premises or the licensee's wine recipe to produce a new wine at another location, may sell and serve the new wine for on-premises consumption; provided, that the label or the container for the wine bears the names of both wineries.
(3) A holder of a manufacturer's license, class A, that possesses an on-site sales and consumption permit and collaborates with another distillery, regardless of jurisdiction, to use spirits manufactured at the licensed premises or the licensee's spirits recipe to produce a new alcoholic beverage at another location, may sell and serve the new alcoholic beverage for on-premises consumption; provided, that the label or the container for the alcoholic beverage bears the names of both distilleries.
(4) A manufacturer's license, class A or B, that possesses an on-site sales and consumption permit and collaborates with another brewery, winery, or distillery, whichever is applicable, pursuant to this subsection shall:
(A) Enter into a written collaboration agreement with the other brewery, winery, or distillery in accordance with paragraph (1), (2), or (3) of this subsection, whichever is applicable;
(B) Maintain a copy of the collaboration agreement on the licensed premises; and
(C) Upon request, provide the collaboration agreement to an ABCA investigator during business hours.
(b) [Repealed].
(c) The on-premises sales and consumption permit shall not obviate the requirement of the holder of a manufacturer’s license, class A or B, to obtain a tasting permit pursuant to § 25-118, to be authorized to provide samples of beer, wine, or spirits.
(d) A violation of this section shall constitute a primary tier violation.
(e) Any additional spirits that are added to beverages containing spirits distilled by the distillery shall be purchased from a wholesaler or manufacturer licensed under this title.
(e-1) The holder of a manufacturer’s license class A or B that holds an on-site sales and consumption permit may sell or serve beer, wine, and spirits purchased from a licensed wholesaler or licensed manufacturer at private events not open to the public for on-premises consumption.
(f) For the purposes of this section, the term “beverages” means brandy, cordials, fortified wines, liqueur, and non-alcoholic beverages.
§ 25–127. Festival license.
(a) A festival license shall authorize a licensee temporarily to sell, serve, and permit the consumption of alcoholic beverages at the specific premises described for consumption on the premises where sold; provided, that a festival license may be issued only for an event that includes the performance of sports or a cultural or tourism-related activity.
(b) A festival license shall be issued for an event that is at least 5 consecutive days but no more than 15 consecutive days.
(c) The issuance of a festival license shall be solely at the discretion of the Board.
(d) The Board may deny the license application if the applicant had failed to control the environment of a previous event associated with either a festival license or a temporary license, or has sustained community complaints or police action.
(e) There shall be 2 classes of festival licenses:
(1) Class H (beer and wine); and
(2) Class I (spirits, beer, and wine).
(f) The holder of a festival license shall be permitted to receive deliveries from a wholesaler for up to 48 hours before a Board-licensed event occurring on a Saturday, Sunday, or a legal District or federal holiday; provided, that the alcoholic beverages delivered pursuant to this subsection shall not be consumed until the date and time of the event and shall be stored at a secure location before the event.
(g) The minimum annual fee for a class H license shall be $1,000. The minimum annual fee for a class I license shall be $2,000.
(h) Only one festival license shall be issued to an applicant in a 3-month period.
§ 25–128. Farmer’s market license.
(a) A farmer’s market license shall authorize the licensee to permit the holder of a manufacturer’s license, class A, B, or C, or brew pub endorsement, wine pub endorsement, or distillery pub endorsement to conduct tastings and sell beer, wine, and spirits manufactured by the licensee in the District at a farmer’s market for off-premises consumption.
(b)(1) The holder of a farmer’s market license shall not charge for tastings.
(2) Tastings shall be limited to the sample sizes set forth in § 25-118(c). The tasting of alcoholic beverages shall be conducted at the vendor’s table or booth. Patrons shall not be permitted to walk around the farmer’s market with alcoholic beverage samples.
(3) The hours of alcoholic beverage tastings and off-premise sales shall only occur between 8 a.m. and 9 p.m.
(c) A farmer’s market license shall be valid for one year.
(d) To qualify for a farmer’s market license, the market shall:
(1) Have at least 6 vendors who produce, grow, or raise the products they sell;
(2) Operate at least 2 hours per market day but no more than 7 hours per market day;
(3) Operate a minimum of 6 farmer’s markets in a one-year period, but no more than twice per week; and
(4) Be registered with the Office of Tax and Revenue to make retail sales in the District.
(e)(1) The issuance of a farmer’s market license shall be solely at the discretion of the Board.
(2) The Board may deny the license application if the applicant has failed to control the environment of a previous farmer’s market event or has sustained community complaints or police action.
(f)(1) There shall be 2 classes of farmer’s market licenses:
(A) Class J (beer and wine); and
(B) Class K (spirits, beer, and wine).
(2) The minimum annual fee for a class J license shall be $300. The minimum annual fee for a class K license shall be $500.
(g) The licensed vendor shall be permitted to receive deliveries from a manufacturer or wholesaler for up to 48 hours before a farmer’s market event occurring on a Saturday, Sunday, or a legal District or federal holiday; provided, that the alcoholic beverages delivered pursuant to this subsection shall not be consumed until the date and time of the farmer’s market event and shall be stored at a secure location before the event.
(h) The holder of a manufacturer’s license class A or B or brew pub endorsement, wine pub endorsement, or distillery pub endorsement shall be permitted to conduct free tastings and to sell bottles or other closed containers of alcoholic beverages manufactured by the licensee in the District at a location holding a farmer’s market license for off-premises consumption.
(i) An applicant for a farmer’s market license shall submit to the Board an initial list of all vendors licensed under this title that will conduct free tastings and sell alcoholic beverages for off-premises consumption a minimum of 15 days before the first farmer’s market event. An applicant for a farmer’s market license may add additional vendors licensed under this title by submitting to the Board an updated list of vendors a minimum of 15 days before the farmer’s market event date that the additional vendors intend to participate.
§ 25–129. Pub crawl license.
(a) A pub crawl license shall authorize the licensee to host events featuring groups of licensed establishments within walking distance to one another featuring the sale or service of alcoholic beverages during a specified timeframe.
(b) The pub crawl license shall be valid for 3 years unless the license is suspended or revoked prior to its expiration.
§ 25–130. Third-party alcohol delivery license.
(a) A third-party alcohol delivery license shall be required for a third party to deliver alcoholic beverages on behalf of the holder of an off-premises retailer license, an on-premises retailer license, or a manufacturer license to a consumer and not for resale purposes.
(b) An off-premises retailer, on-premises retailer, or a manufacturer licensed under this title may utilize the services of a third-party alcohol delivery licensee by means of the telephone, Internet, mobile application, or other electronic means to facilitate the ordering of alcoholic beverages.
(c)(1) A licensee shall not deliver any alcoholic beverage pursuant to orders received unless upon delivery the licensee verifies that the recipient is at least 21 years of age by checking his or her valid government-issued photo identification.
(2) At the time of delivery, the licensee shall verify that the recipient of the alcoholic beverage is not visibly intoxicated.
(d)(1) Alcoholic beverages shall be delivered only in closed containers.
(2) Alcoholic beverages shall not be delivered to an address on a university, college campus, or any elementary or secondary school located in the District of Columbia.
(e) A third-party alcohol delivery license shall be valid for 3 years.
(f) A third-party alcohol delivery licensee shall file semi-annual reports with the Board by January 30 and July 30 of each year, which shall include:
(1) The total number of alcoholic beverages that were delivered during the previous half of the year;
(2) The name and address of the licensed establishment with which the alcohol delivery order was placed; and
(3) The date the alcoholic beverage was delivered.
(g) A third-party alcohol delivery licensee shall maintain the books and records reflecting the date, address, and recipient of the alcohol delivery for each delivery and the name and business address of the person making the delivery on the licensed premises or at a Board-approved location for 3 years. The third-party alcohol delivery licensee shall make these books and records available to the Board and ABCA investigators within 3 business days of receiving a written request from the Board or ABCA.
(h) An off-premises retailer, on-premises retailer, or a manufacturer licensed under this title that utilizes the services of a third-party alcohol delivery licensee to sell or deliver alcohol shall register with the Board, at no cost, to utilize the services of the third-party delivery company. Board approval shall not be required to register if the licensee:
(1) Registers with the Board each third-party delivery company it will be utilizing prior to utilizing the services of the third-party delivery company to sell or deliver alcohol; and
(2) Agrees to follow all applicable District laws, regulations, guidance documents, administrative orders, including Mayor's Orders, and permit requirements or conditions, which may contain requirements that supersede provisions contained in this section.
(i) In the event that an off-premises retailer license, an on-premises retailer license, or a manufacturer license is suspended, a third-party alcohol delivery licensee's authorization to deliver alcoholic beverages on behalf of that holder of the off-premises retailer license, on-premises retailer license, or a manufacturer license shall automatically be suspended for the same period that the off-premises retailer license, an on-premises retailer license, or a manufacturer license is suspended.
(j) In the event that an off-premises retailer license, an on-premises retailer license, or a manufacturer license is cancelled or revoked, a third-party alcohol delivery licensee's authorization to deliver alcoholic beverages on behalf of that holder of the off-premises retailer license, on-premises retailer license, or a manufacturer license shall be cancelled or revoked.
§ 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.
