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ALCOHOLIC BEVERAGE REGULATION ADMINISTRATION
ALCOHOLIC BEVERAGE CONTROL BOARD
NOTICE OF EMERGENCY RULEMAKING
The Alcoholic Beverage Control Board (Board), pursuant to the authority set forth in D.C. Official Code § 25-211(b)(2011 Supp.), hereby gives notice of the adoption of emergency rules that amend existing subsection 718.2 of chapter 7 (General Operating Requirements) of title 23 (Alcoholic Beverages) of the District of Columbia Municipal Regulations (DCMR) by increasing the time period covered by the Reimbursable Detail Subsidy Program (Program) from the current midnight to 4 a.m., to 11:30 p.m. to 4:30 a.m. The rules continue to limit reimbursement under the Program to Friday and Saturday nights only.
The Fiscal Year 2011 Revised Budget Request Act of 2010, signed by the Mayor on December 17, 2010 (D.C. Act 18-657; 58 DCR 32) reduced funding for the Program by five hundred thousand dollars ($500,000) in Fiscal Year 2011. On January 5, 2011, the Board put emergency and proposed rules in place to lengthen the amount of time that funding remained available in the Program for Fiscal Year 2011. This rulemaking included a reduction in the percentage distribution of subsidies paid by Alcoholic Beverage Regulation Administration (ABRA) to the Metropolitan Police Department (MPD) from fifty percent (50%) to twenty-five percent (25%) for MPD officers working reimbursable details under the Program.
On March 2, 2011, the Board suspended funding for the Program on an emergency basis, effective April 1, 2011, to preserve the remaining funds left in the Program for use later in Fiscal Year 2011 during the busier summer months. The March 2, 2011, emergency rulemaking also indicated that the Board would revisit the status of funding for the Program at its June 1, 2011, legislative meeting. Given the importance of this Program to public safety, the Board voted on June 1, 2011, to increase the percentage distribution of subsidies paid by ABRA to MPD from zero percent (0%) to twenty-five percent (25%) when covering the costs incurred by Alcoholic Beverage Control (ABC) licensees for MPD officers working reimbursable details under the Program. The percentage distribution change under the Program to twenty-five percent (25%) took effect on July 1, 2011.
On October 5, 2011, the Board reconsidered the existing percentage distribution because additional funds were available in ABRA’s Fiscal Year 2012 budget to increase the percentage distribution of subsidies paid by ABRA to MPD under the Program from twenty-five percent (25%) to fifty percent (50%). On February 1, 2012, the Board renewed the emergency rules for another one hundred twenty days (120) to keep the additional hour in effect until the Council acts on the proposed rules. In this emergency rulemaking, the Board again seeks to maintain the time period covered under the Program with the addition of one hours to the already established four hours worked by MPD officers on Friday and Saturday nights.
This emergency action is necessary to continue the expanded ABRA subsidy to the MPD reimbursable program to cover an additional hour on Friday and Saturday nights. This subsidy assists licensed establishments to defray the costs of retaining off-duty MPD officers to patrol the surrounding area of an establishment for the purpose of maintaining public safety, including the remediation of traffic congestion and the safety of public patrons, during their approach and departure from the establishment.
The emergency and proposed rules were initially adopted by the Board on March 14, 2012, by a five (5) to zero (0) vote. The rules became effective on May 1, 2012.
These emergency rules were re-adopted by the Board on July 25, 2012, by a vote of six (6) to zero (0) to keep the emergency in effect while the Council considers identical rules. These emergency rules will expire one hundred twenty (120) days from the date of adoption (July 25, 2012) or upon publication of a Notice of Final Rulemaking in the D.C. Register, whichever occurs first.
Section 718, REIMBURSABLE DETAIL SUBSIDY PROGRAM, of chapter 7, GENERAL OPERATING REQUIREMENTS, of title 23, ALCOHOLIC BEVERAGES, of the DCMR is amended by replacing subsection 718.2 to read as follows:
718.2 ABRA shall reimburse MPD fifty percent (50%) of the total cost of invoices submitted by MPD to cover the costs incurred by licensees for MPD officers working reimbursable details on Friday and Saturday nights. The hours eligible for reimbursement on Friday and Saturday nights shall be 11:30 p.m. to 4:30 a.m. MPD shall submit to ABRA on a monthly basis invoices documenting the fifty percent (50%) amount owed by each licensee. Invoices shall 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.
