686777 Off-Site Food Sales

ALCOHOLIC BEVERAGE REGULATION ADMINISTRATION

ALCOHOLIC BEVERAGE CONTROL BOARD

 

NOTICE OF FINAL RULEMAKING

                                               

The Alcoholic Beverage Control Board (Board), pursuant to the authority set forth in D.C. Official Code § 25-211(b) (2009 Supp.), hereby gives notice of the adoption of the following final rules that create a new section 2102 of Title 23 of the District of Columbia Municipal Regulations (DCMR) to clarify what constitutes “off-site food sales” for the purposes of determining whether a restaurant or hotel is meeting either of the statutory food requirements.  The final rulemaking clarifies that food sales occurring outside of the licensed premises at catered events or street festivals constitute off-site food sales.  Under these final rules, off-site food sales do not include those food sales generated at the licensed establishment as either take-out or delivery food items.

 

The final rules were adopted by the Board on January 12, 2011.  The text of the final rules is substantively identical to the text of the notice published in the D.C. Register on June 18, 2010 at 57 DCR 5255.        

 

Pursuant to D.C. Official Code § 25-211(b)(2) (2009 Supp.), the proposed rules were transmitted to the Council of the District of Columbia (Council), for a ninety (90) day period of Council review on October 14, 2010.  The proposed rules were approved by Council Resolution 18-700, the “Off-Site Food Sales Approval Resolution of 2010”, adopted by the Council at its December 21, 2010, legislative meeting.  These final rules will become effective five (5) days after being published in the D.C. Register.  

 

Title 23 DCMR, Chapter 21, “Restaurant and Hotel Food Sales Requirements,” is amended by adding a new section 2102 to read as follows:

 

2102                OFF-SITE FOOD SALES   

 

2102.1             Off-site food sales by a licensee under a license, class C/R, D/R, C/H, or D/H, shall not be included for the purposes of calculating whether an establishment is meeting either of the food sales requirements set forth in D.C. Official Code § 25-101(43), § 25-113 or this chapter.  

 

2102.2             Food sales occurring outside of the licensed premises at catered events or street festivals shall be considered off-site food sales.  Food sales generated at the licensed establishment as either take-out or delivery food sales shall not be considered off-site food sales.