1767745 Alcoholic Beverage Regulation Administration - Notice of Emergency and Proposed Rulemaking - MPD Reimbursable Detail

ALCOHOLIC BEVERAGE REGULATION ADMINISTRATION

ALCOHOLIC BEVERAGE CONTROL BOARD

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NOTICE OF EMERGENCY AND PROPOSED RULEMAKING

 

 

The Alcoholic Beverage Control Board (Board), pursuant to the authority set forth in D.C. Official Code § 25-211(b)(2011 Supp.), hereby gives notice of the adoption of emergency rules to amend existing subsection 718.2 of chapter 7 (General Operating Requirements) of title 23 (Alcoholic Beverages) of the District of Columbia Municipal Regulations (DCMR) by increasing the current percentage distribution of subsidies paid by the Alcoholic Beverage Regulation Administration (ABRA) to the Metropolitan Police Department (MPD) from twenty-five percent (25%) to fifty percent (50%) when covering the costs incurred by Alcoholic Beverage Control (ABC) licensees for MPD officers working reimbursable details under the Reimbursable Detail Subsidy Program (Program).  The rules continue to limit reimbursement to only those hours worked by MPD officers on Friday and Saturday nights.

 

The Board also gives notice of its intent to take final rulemaking action to adopt these rules on a permanent basis in not less than thirty (30) days after the date of publication of this notice in the D.C. Register.  Pursuant to D.C. Official Code § 25-211(b)(2)(2011 Supp.), these emergency and proposed rules are also being transmitted to the Council of the District of Columbia (Council) for a ninety (90) day period of review.  The final rules shall not become effective absent approval by the Council. 

 

The Fiscal Year 2011 Revised Budget Request Act of 2010, signed by the Mayor on December 17, 2010 (D.C. Act 18-657; 58 DCR 32 (January 7, 2011)) reduced funding for the Program by five hundred thousand dollars ($500,000) in Fiscal Year 2011.  On January 5, 2011, the Board put emergency and proposed rules in place to lengthen the amount of time that funding remained available in the Program for Fiscal Year 2011.  This rulemaking included a reduction in the percentage distribution of subsidies paid by ABRA to MPD from fifty percent (50%) to twenty-five percent (25%) for MPD officers working reimbursable details under the Program.  

 

On March 2, 2011, the Board suspended funding for the Program on an emergency basis, effective April 1, 2011, to preserve the remaining funds left in the Program for use later in Fiscal Year 2011 during the busier summer months.  The March 2, 2011 emergency rulemaking also indicated that the Board would revisit the status of funding for the Program at its June 1, 2011, legislative meeting.  Given the importance of this Program to public safety, the Board voted on June 1, 2011, to increase the percentage distribution of subsidies paid by ABRA to MPD from zero percent (0%) to twenty-five percent (25%) when covering the costs incurred by Alcoholic Beverage Control (ABC) licensees for MPD officers working reimbursable details under the Program. The percentage distribution change under the Program to twenty-five percent (25%) took effect on July 1, 2011.  On October 5, 2011 the Board decided to reconsider the existing percentage distribution because additional funds are currently available in ABRA’s Fiscal Year 2012 budget to reinstate the percentage distribution of subsidies paid by ABRA to MPD under the Program from twenty-five percent (25%) back to fifty (50%) percent.  The Board is limiting reimbursement to only those hours worked by MPD officers on Friday and Saturday nights to ensure that funding for the Program remains in place for the remainder of Fiscal Year 2012.

 

This emergency action is necessary to make additional funding available during the current fiscal year for the ABRA subsidy to the MPD reimbursable program. This subsidy assists licensed establishments to defray the costs of retaining off-duty MPD officers to patrol the surrounding area of an establishment for the purpose of maintaining public safety, including the remediation of traffic congestion and the safety of public patrons, during their approach and departure from the establishment.   

These emergency rules were adopted by the Board on October 5, 2011, by a five (5) to zero (0) vote.  The rules will become effective on November 1, 2011.  The emergency rules will expire one hundred twenty (120) days from the date these rules were adopted (February 1, 2012) or upon publication of a Notice of Final Rulemaking in the D.C. Register, whichever occurs first. 

 

Section 718, REIMBURSABLE DETAIL SUBSIDY PROGRAM, of chapter 7, GENERAL OPERATING REQUIREMENTS, of title 23, ALCOHOLIC BEVERAGES, of the DCMR is amended by replacing subsection 718.2 to read as follows:

 

718.2         ABRA will reimburse MPD fifty percent (50%) of the total cost of invoices submitted by MPD to cover the costs incurred by licensees for MPD officers working reimbursable details on Friday and Saturday nights.  The hours eligible for reimbursement on Friday and Saturday nights shall be midnight to 4 a.m.  MPD shall submit to ABRA on a monthly basis invoices documenting the fifty percent (50%) amount owed by each licensee.  Invoices will be paid by ABRA to MPD within thirty (30) days of receipt in the order that they are received until the subsidy program’s funds are depleted.

 

Copies of the proposed rulemaking can be obtained by contacting Martha Jenkins, General Counsel, Alcoholic Beverage Regulation Administration, 2000 14th Street, N.W., 4th Floor, Washington, D.C. 20009.  All persons desiring to comment on the emergency and proposed rulemaking must submit their written comments, not later than thirty (30) days after the date of the publication of this notice in the D.C. Register, to the above address or via email to [e-mail].