4041522 Section 720, PUBLIC SAFETY PLAN REQUIREMENTS, of chapter 7, GENERAL OPERATING REQUIREMENTS, of title 23, ALCOHOLIC BEVERAGES

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 that create a new section 720 of chapter 7 (General Operating Requirements) of title 23 (Alcoholic Beverages) of the District of Columbia Municipal Regulations (DCMR) and set forth the type of information that is required to be included in any public safety plan submitted to the Agency by an on-premise licensee.  

 

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. 

 

D.C. Law 19-168, the Fiscal Year 2013 Budget Support Act of 2012 (Act), became law on September 20, 2012 with an effective date of October 1, 2012.  The Act amends section 25-723(c) of Title 25 of the D.C. Code to allow eligible on-premise retailer’s licensees to apply to the Alcoholic Beverage Regulation Administration (ABRA) to sell and serve alcoholic beverages until 4:00 a.m. and operate 24 hours a day on District or federal holidays and certain holiday weekends.  The Act requires eligible on-premise licensees to provide written notification of its intent to extend its hours of operation and submit a public safety plan to ABRA once each calendar year no fewer than 30 days before the first holiday on which a licensee seeks to extend its hours of operation.  However, the Act does not indicate what information must be included or covered by a licensee in its public safety plan submission to ABRA.  This rulemaking clarifies what information an on-premise licensee must include in its public safety plan.

 

This emergency action is necessary for the purpose of maintaining public safety at those on-premise establishments that register with the Agency to sell and serve alcoholic beverages until 4:00 a.m. and operate 24 hours a day on District or federal holidays and certain holiday weekends.

These emergency rules were adopted by the Board on November 7, 2012, by a five (5) to zero (0) vote.  The rules will become effective on November 7, 2012.  The emergency rules will expire one hundred twenty (120) days from the date these rules were adopted or upon publication of a Notice of Final Rulemaking in the D.C. Register, whichever occurs first. 

 

Section 720, PUBLIC SAFETY PLAN REQUIREMENTS, of chapter 7, GENERAL OPERATING REQUIREMENTS, of title 23, ALCOHOLIC BEVERAGES, of the DCMR is added to read as follows:

 

720.1         An on-premise licensee shall be required to submit a public safety plan to ABRA in order to sell and serve alcoholic beverages and operate during the extended hours set forth in D.C. Code § 25-723(c)(1).

 

720.2         A public safety plan shall be submitted by the on-premise licensee, on a form prescribed by the Board, which at a minimum shall include the following information:

                 

(a)    The names and contact information for those individuals designated by the licensee to respond to any public safety issues that arise;

 

(b)   Whether the establishment will have any security cameras in operation;

 

(c)    The number and location of cameras used by the establishment and the length of time that video recordings will be kept;

 

(d)   Whether the establishment will have any security working during the extended hours of operation;

 

(e)    The number of security personnel to be present for the extended hours and the type of security training that security personnel have received;

 

(f)    Whether the establishment will maintain an incident log; and

 

(g)   What are the establishment’s procedures for ensuring that intoxicated persons and minors are not served alcoholic beverages.

 

720.3         An on-premise licensee may utilize an existing security plan on file with ABRA to fulfill the public safety plan requirement set forth in § 720.1.

 

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].