406738 Off-Site Food Sales

ALCOHOLIC BEVERAGE REGULATION ADMINISTRATION

ALCOHOLIC BEVERAGE CONTROL BOARD

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NOTICE OF PROPOSED 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 proposed 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 proposed rulemaking clarifies that food sales occurring outside of the licensed premises at catered events or street festivals constitute off-site food sales.  Under the proposed 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 Board gives notice of its intent to adopt these proposed rules 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) (2009 Supp.), these proposed rules are also being transmitted to the Council of the District of Columbia, and the final rules may not become effective until the expiration of the ninety (90) day period of Council review or upon approval by Council resolution, whichever occurs first.   

 

The proposed rulemaking was adopted by the Board on March 10, 2010 by a three (3) to zero (0) vote. A public hearing on this proposed rulemaking will occur on July 21, 2010 at 2:00 p.m. at 1250 U Street N.W., 2^nd Floor.   

 

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.  

 

Copies of the proposed rulemaking can be obtained by contacting Martha Jenkins, General Counsel, Alcoholic Beverage Regulation Administration, 1250 U Street N.W., 3^rd  Floor, Washington, D.C. 20009.  All persons desiring to comment on the proposed rulemaking must submit their written comments, not later than thirty (30) days after the date of publication of this notice in the D.C. Register, to the above address.