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ALCOHOLIC BEVERAGE REGULATION ADMINISTRATION
ALCOHOLIC BEVERAGE CONTROL BOARD
NOTICE OF PROPOSED RULEMAKING
The Alcoholic Beverage Control Board (Board), pursuant to the authority set forth in D.C. Official Code § 25-211(b)(2012 Supp.) and Mayor’s Order 2001-96 (June 28, 2001) as revised by Mayor’s Order 2001-102 (July 23, 2001), hereby gives notice of its intent to adopt the following proposed rules that make technical amendments to Title 23 of the District of Columbia Municipal Regulations (DCMR) to conform to changes contained in the Omnibus Alcoholic Beverage Regulation Emergency Amendment Act of 2012 (Act),effective January 14, 2013 (D.C. Act 19-0597, 60 DCR 1001), as well as other administrative changes not related to the Act. The rulemaking clarifies that all retailer’s license categories can apply to the Board for a stipulated license, and create a stipulated license fee of $100. The rules also clarify that the annual fee for a wine pub permit is $5,000 and that the holder of a wine pub permit can apply for a wine and beer purchasing permit. . The rulemaking amends the corking requirements contained in Section 717 of Title 23 of the DCMR to conform to D.C. Official Code § 25-113(b)(5)(2012 Supp.), which allows customers to leave a restaurant with a partially consumed bottle of wine. The rules also conform to the Act’s requirement that retailers may keep and maintain records on the licensed premises electronically. The rules clarify that Board may require a group of five or more individuals to appear in person. Finally, the rulemaking amends Section 1609 and Section 2000.3 of Title 23 of the DCMR to conform to the new settlement agreement and catering requirements contained in the Act.
These proposed rules were initially adopted by the Board on January 30, 2013 by a five (5) to zero (0) vote.
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), these 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.
Title 23 of the D.C. Municipal Regulations is amended as follows:
Section 200, STIPULATED LICENSES, of Chapter 2, LICENSE AND PERMIT CATEGORIES, of Title 23, ALCOHOLIC BEVERAGES, of the DCMR, is amended by replacing Subsections 200.1 and 200.1(a) to read as follows:
200 STIPULATED LICENSES.
200.1 The ABC Board will permit an applicant who has submitted a completed license application involving a Manufacturer’s license, Wholesaler’s license, or Retailer’s license to apply for a stipulated license under the following conditions:
(a) The applicant must be applying for or must hold a Manufacturer’s
license, Wholesaler’s license, or Retailer’s license; and
Section 203, WINE AND BEER PURCHASING PERMIT, of Chapter 2, LICENSE AND PERMIT CATEGORIES, of Title 23, ALCOHOLIC BEVERAGES, of the DCMR, is amended by replacing Subsections 203.1, 203.2, and 203.3 to read as follows:
203 WINE AND BEER PURCHASING PERMIT.
203.1 A wine and beer purchasing permit shall allow the holder of a Retailer's license Class A, Class B, brew pub, or wine pub license to sell wine and/or beer to the public at the premises of a Temporary or a Retailer's Class C or Class D license holder.
203.2 Beer or wine that is purchased at the authorized location from the Class A, Class B, brew pub, or wine pub licensee under the wine and beer purchasing permit shall not be opened or consumed at the authorized location.
203.3 A District off-premises retailer, brew pub, or wine pub authorized to sell containers of beer or wine at the authorized location may remove closed containers of beer and/or wine from the authorized premises but shall not be permitted to remove opened containers of beer and/or wine from the authorized premises. This subsection also applies to customers who purchase or receive alcoholic beverages at the authorized location.
Section 209, PERMIT AND ENDORSEMENT FEES, of Chapter 2, LICENSE AND PERMIT CATEGORIES, of Title 23, ALCOHOLIC BEVERAGES, of the DCMR, is amended by adding a new Subsection 209.12 to read as follows:
209 PERMIT AND ENDORSEMENT FEES.
209.12 The annual fee for a Wine Pub permit shall be five thousand dollars ($ 5,000).
Section 210, APPLICATION FEES, of Chapter 2, LICENSE AND PERMIT CATEGORIES, of Title 23, ALCOHOLIC BEVERAGES, of the DCMR, is amended by adding a new Subsection 210.7 to read as follows:
210 APPLICATION FEES.
210.7 The fee for a stipulated license shall be one hundred dollars ($ 100).
Section 717, CORKING FEE, of Chapter 7, GENERAL OPERATING REQUIREMENTS, of Title 23, ALCOHOLIC BEVERAGES, of the DCMR, is amended by adding a new Subsection 717.3 to read as follows:
717 CORKING FEE.
717.3 Notwithstanding § 717.1, the holder of a restaurant license (R) shall authorize the licensee to permit a patron to remove one partially consumed bottle of wine for consumption off-premises that the patron brought to the establishment. The partially consumed bottle of wine must be securely resealed by the licensee or its employees before removal from the premises. The partially consumed bottle shall be placed in a bag or other container that is secured in such a manner that it is visibly apparent if the container has been subsequently opened or tampered with, and a dated receipt shall be provided by the licensee and attached to the container.
Section 1204, RETAILERS BOOKS AND RECORDS, of Chapter 12 RECORDS AND REPORTS, of Title 23, ALCOHOLIC BEVERAGES, of the DCMR, is amended by replacing Subsection 1204.1 to read as follows:
1204 RETAILERS BOOKS AND RECORDS.
1204.1 Each holder of a Retailer's license shall keep and maintain upon the licensed premises, either physically or electronically, records which include invoices and delivery slips and which adequately and fully reflect all purchases, sales, and deliveries of all alcoholic beverages, except beer, made to it.
Section 1605, FILING A PROTEST, of Chapter 16, CONTESTED HEARINGS, NON-CONTESTED HEARINGS, PROTEST HEARINGS, AND PROCEDURES, of Title 23, ALCOHOLIC BEVERAGES, of the DCMR, is amended by replacing Subsection 1605.4 to read as follows:
1605 FILING A PROTEST.
1605.4 The Board may require protestants to appear in person before the Board for the purpose of determining that a sufficient number of individuals exist to have standing pursuant to D.C. Official Code § 25-601.
Section 1609, COOPERATIVE OR VOLUNTARY AGREEMENTS of Chapter 16, CONTESTED HEARINGS, NON-CONTESTED HEARINGS, PROTEST HEARINGS, AND PROCEDURES, of Title 23, ALCOHOLIC BEVERAGES, of the DCMR, is amended by replacing Section 1609.1 to read as follows, and adding new Subsections 1609.6 and 1609.7 to read as follows:
1609 COOPERATIVE OR VOLUNTARY AGREEMENTS.
1609.1 The terms of a settlement agreement submitted by the parties shall be consistent with District of Columbia law and shall be in compliance with D.C. Official Code §§ 25-446.01 and 25-446.02.
1609.6 The phrase “settlement agreement” found in Title 25 of the D.C. Official Code shall be deemed equivalent to the term “cooperative agreement”, or “voluntary agreement” used in Title 23 of the D.C. Municipal Regulations.”
1609.7 If the Board determines that a settlement agreement submitted by the parties does not comply with all applicable laws and regulations, or otherwise exceeds the Board’s expertise to enforce, the Board may condition approval of the settlement agreement on the parties’ acceptance of modifications of the agreement proposed by the Board. If the parties reject the modifications proposed by the Board, they may submit a new settlement agreement for Board review that complies with D.C. Official Code §§ 25-446.01 and 25-446.02 or proceed to a protest hearing.
Section 2000, CATERER’S LICENSE, of Chapter 20, CATERER’S LICENSE, of Title 23, ALCOHOLIC BEVERAGES, of the DCMR, is amended by replacing Subsection 2000.3 to read as follows:
2000 CATERER’S LICENSE.
2000.3 Holders of a caterer’s license may purchase alcoholic beverages from Wholesalers and holders of an off-premises license, class A, for catered events of one hundred (100) persons or less. Holders of a caterer’s license shall purchase alcoholic beverages from an off-premises license, class A, for catered events in excess of one hundred (100) persons except that holders of a caterer’s license may also purchase alcoholic beverages from Wholesalers for catered events in excess of one hundred (100) persons when the licensed caterer also holds another type of on-premise, retailer’s license.
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 martha.jenkins@dc.gov.
