4173442 Alcoholic Beverage Regulation Administration - Notice of Emergency and Proposed Rulemaking - Growler Rulemaking

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) 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 emergency and proposed rules in Chapter 7 of Title 23 of the District of Columbia Municipal Regulations (DCMR), which make clear that the sale of beer in growlers by brew pub permit holders, and the sale of wine by wine pub permit holders, for off-premises consumption is limited to the hours between 7:00 A.M. and midnight seven days a week. 

 

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. 

 

The Omnibus Alcoholic Beverage Regulation Emergency Amendment Act of 2012 (Act), effective on January 14, 2013 (D.C. Act 19-597, 60 DCR 1001) creates new Section 25-124 of Title 25 of the D.C. Official Code, setting forth wine pub permit requirements and qualifications.  Subsection (d) provides that the holder of a wine pub permit may also sell wine to patrons in sealed bottles or other closed containers for off-premises consumption. The Act also amends Section 25-117 of Title 25 of the D.C. Official Code to allow brew pub permit holders to sell beer in growlers for off-premises consumption.  However, the Act does not indicate the legal hours for the sale of wine by wine pub permit holders and beer in growlers by brew pub permit holders for off-premises consumption.

 

This emergency action is necessary because the new Act is silent on the permitted hours of sale by wine pub and brew pub permit holders for off-premises consumption, and these emergency rules make clear that sales may not begin before 7:00 a.m., and must end daily by midnight.  

 

These emergency rules were adopted by the Board on January 16, 2013 by a five (5) to zero (0) vote and became effective on that date.  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. 

 

Title 23 of DCMR is amended as follows:

 

Section 705, HOURS OF SALE AND DELIVERY FOR OFF-PREMISES RETAIL LICENSEES, of Chapter 7, GENERAL OPERATING REQUIREMENTS, of Title 23, ALCOHOLIC BEVERAGES, of the DCMR, is amended by adding a new Subsection 705.13 to read as follows:

 

705.13                   The holder of a brew pub permit shall be permitted to sell beer in growlers to patrons for off-premise consumption between the hours of 7:00 a.m. and midnight.  The holder of a wine pub permit shall be permitted to sell wine to patrons in sealed bottles or other closed containers for off-premise consumption between the hours of 7:00 a.m. and midnight. 

 

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].