5837574 Alcoholic Beverage Regulation Administration - Notice of Final Rulemaking - Amending Chapter 7 of 23 DCMR to amend the Reimbursable Detail Subsidy Program rules.

ALCOHOLIC BEVERAGE REGULATION ADMINISTRATION

ALCOHOLIC BEVERAGE CONTROL BOARD

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NOTICE OF FINAL RULEMAKING

 

The Alcoholic Beverage Control Board (Board), pursuant to the authority set forth in the Omnibus Alcoholic Beverage Amendment Act of 2004, effective September 30, 2004 (D.C. Law 15-187; D.C. Official Code § 25-211(b) (2012 Repl. & 2014 Supp.)) and Mayor’s Order 2001-96, dated June 28, 2001, as revised by Mayor’s Order 2001-102, dated July 23, 2001, hereby gives notice of the adoption of final rules amending Chapter 7 (General Operating Requirements) of Title 23 (Alcoholic Beverages) of the District of Columbia Municipal Regulations (DCMR).

 

The amendment would increase the number of days covered by the Reimbursable Detail Subsidy Program (Program) from two (2) to seven (7) days a week. The rules would also allow reimbursement under the Program for certain Board-approved outdoor Special Events where alcohol is to be sold or served.  The rules also increase the percentage of distribution of subsidies paid by Alcoholic Beverage Regulation Administration (ABRA) to the Metropolitan Police Department (MPD), beginning on March 1, 2015, from fifty percent (50%) to seventy percent (70%) when covering the costs incurred by Alcoholic Beverage Control (ABC) licensees for MPD officers working reimbursable details under the Program. 

 

The Board adopted the Emergency and Proposed Rulemaking amending the Reimbursement Detail Subsidy Program (Program) on February 18, 2015, by a four (4) to zero (0) vote.  The Notice of Emergency and Proposed Rulemaking was published in the D.C. Register on April 3, 2015, at 62 DCR 3976 [EXPIRED].  The Board held two public hearings to afford the public an opportunity to testify in support or opposition to the rules on April 29, 2015, at 10:30 a.m. and 2:30 p.m.

 

In accordance with D.C. Official Code § 25-211(b), the Notice of Emergency and Proposed Rules were submitted to the Council of the District of Columbia (Council) for a ninety (90) day review period. See PR21-304 (Reimbursable Details Subsidy Program Resolution of 2015). The emergency rules expired on June 18, 2015, prior to the expiration of the Council review period.  Having determined that an emergency still existed warranting the continuation of the Program during the Council review period, on June 3, 2015, the Board voted five (6) to zero (0) to re-adopt the emergency rules. On December 1, 2015, the Council voted to approve the Reimbursable Detail Subsidy Program rules. See R21-312 (Reimbursable Detail Subsidy Program Regulations Approval Resolution of 2015), published at 62 DCR 16034 (December 18, 2015). 

 

On January 6, 2016, the Board voted five (5) to zero (0) to adopt the final rules without any changes since the rules were published as emergency and proposed.  The rules shall take effect five (5) days after they are published in the D.C. Register.

 

Chapter 7, GENERAL OPERATING REQUIREMENTS, of Title 23 DCMR, ALCOHOLIC BEVERAGES, is amended as follows:

 

Section 718, REIMBURSABLE DETAIL SUBSIDY PROGRAM, is amended by replacing Subsections 718.2 and 718.3 and renumbering the existing Subsections 718.3 through 718.5 to read as follows:

 

718.2               ABRA will reimburse MPD seventy percent (70%) of the total cost of invoices submitted by MPD to cover the costs incurred by licensees for MPD officers working reimbursable details on Sunday through Saturday nights. The hours eligible for reimbursement for on-premises retailer licensees shall be 11:30 p.m. to 5:00 a.m.  ABRA will also reimburse MPD seventy percent (70%) of the total costs of invoices submitted by MPD to cover the costs incurred for outdoor Special Events where the Licensee has been approved for a One Day Substantial Change License or a Temporary License. The hours eligible for an outdoor Special Event operating under a One Day Substantial Change License or a Temporary License shall be twenty-four (24) hours a day.

 

718.3               MPD shall submit to ABRA on a monthly basis invoices documenting the seventy percent (70%) 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.

 

718.4               ABRA shall notify MPD when funds in the subsidy program fall below two hundred and fifty thousand dollars ($250,000).

 

718.5               Any invoices unpaid by ABRA either for good cause or a lack of sufficient funds left in the subsidy program shall remain the responsibility of the licensee.

 

718.6               ABRA shall not be involved in determining the number of MPD officers needed to work a reimbursable detail.