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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) and 25-830(f) (2012 Supp.) hereby gives notice of its intent to adopt the following proposed rules that would amend the existing ABRA civil penalty schedule set forth in section 800 of title 23 of the DCMR. The proposed rules will update the ABRA civil penalty schedule, which has not been revised since 2004.
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.
These proposed rules were adopted by the Board on August 15, 2012, by a vote of five (5) to zero (0).
Section 800, ABRA CIVIL PENALTY SCHEDULE, of Chapter 8, ENFORCEMENT, INFRACTIONS, AND PENALTIES, of title 23, ALCOHOLIC BEVERAGES, of the DCMR is amended by replacing section 800 in its entirety to read as follows:
Section
Description
Violation
Warning
25-102(a)
Selling Alcoholic Beverages Without a License
Primary
N
25-102(b)
Wholesaler/Manufacturer Sale to Non-licensed Person for Resale
Primary
N
25-102(c)
No Importation Permit
Secondary
N
25-102(d)
Permitting Consumption of Alcoholic Beverage Without a License
Primary
N
25-110
Violating Terms of Manufacturer's License
Primary
N
25-111
Violating Terms of Wholesaler's License
Primary
N
25-112(a)-(c)
Violating Terms of Off-Premise Retailer's License
Primary
N
25-112(e)(1)
Failure to File a Statement of Expenditures
Secondary
Y
25-113
Violating Terms of On-Premise Retailer's License
Primary
N
25-113(a)(3)
Selling or Serving Alcohol in a Closed Container
Secondary
N
25-113(b)(1)
Failure to Keep Kitchen Open Two Hours Before Closing
Secondary
Y
25-113(b)(2)(A)
Failure of Restaurant to File a Quarterly Statement
Secondary
Y
25-113(d)(1)
Failure to Comply With Security Plan
Primary
Y
25-113(e)(4)(A)
Failure of Hotel to File a Quarterly Statement
Secondary
Y
25-113(i)(l)(4)
Failure by Caterer to File and Maintain Records for Inspection
Secondary
Y
25-113(j)(3)(B)
Failure to Obtain Board Approval for Off-Site Storage
Secondary
N
25-113(j)(3)(C)
Failure to Maintain Records
Primary
Y
25-114(a)
Violating Terms of Arena C/X License
Primary
N
25-115(a)
Violating Terms of Temporary License
Primary
N
25-116
Violating Terms of Solicitor's License
Primary
N
25-117
Violating Terms of Brew Pub Permit
Primary
N
25-118
Failure to Obtain Tasting Permit, or Exceeding Scope of Permit
Primary
N
25-119
Importing Alcohol Without Permit
Secondary
N
25-121
Providing Alcohol Awareness Training Without Board Approval
Secondary
Y
25-123
Violating Terms of Farm Winery License
Primary
Y
25-341
Violating Ward 4 Moratorium
Secondary
Y
25-342
Violating Ward 7 Special Restrictions
Secondary
Y
25-343
Violating Ward 8 Special Restrictions
Secondary
Y
25-344
Violating Mt. Pleasant Special Restrictions
Secondary
Y
25-345
Violating Ward 2 Restrictions
Secondary
Y
25-346
Violating Ward 6 Restrictions
Secondary
Y
25-371
Allowing Nude Dancing Without a License
Primary
N
25-372
Violating Restrictions on Nude Dancing Performances
Primary
N
25-405
Transfer of Ownership Without Board Approval
Primary
N
25-423(d)
Failure to Maintain Posted Notices (Placards)
Secondary
Y
25-501
Failure to Pay Annual Fee
Primary
Y
25-701
Board-Approved Manager Required
Secondary
Y
25-701(b)
Failure to Notify Board of ABC Manager’s Conviction
Secondary
Y
25-702
Failure to Notify Board of Employee’s Conviction
Secondary
Y
25-711(a)
Failure to Post and Carry Licenses
Secondary
Y – Mandatory for first offense
25-711(b)
Failure to Post Lettering on Front Windows or Door
Secondary
Y – Mandatory for first offense
25-711(c)
Failure of Temporary License Holder to Have License Available
Secondary
Y
25-711(d)
Failure of Solicitor to Carry License
Secondary
Y
25-711(e)
Failure of Manager to Carry License
Secondary
Y
25-712
Failure to Post Signs: Warning Re: Pregnancy
Secondary
Y – Mandatory for first offense
25-713
Failure to Post Signs: Legal Drinking Age/Valid ID
Secondary
Y – Mandatory for first offense
25-721
Sale and Delivery Outside of Allowed Hours for Manufacturer & Wholesaler
Primary
N
25-722
Sale and Delivery Outside of Allowed Hours - Off Premises Licensees
Primary
N
25-723(b)
Sale and Delivery Outside of Allowed Hours - On-Premises Licensees
Primary
N
25-723(d)
Daylight Savings Time Operation Without Notice
Secondary
N
25-724
Operating After Board Restricted Hours
Primary
N
25-725
Noise from Licensed Establishment
Secondary
Y
25-726
Control of Litter, Trash, Garbage, and Proper Disposal of Refuse, Including Cooking Oils
Secondary
Y
25-731
Credit and Delinquency
Secondary
Y
25-733
Delivery and Payment Records and Reports
Secondary
Y
25-734
Sale by Retailer on Credit
Secondary
Y
25-735
Gifts and Loans from Manufacturer
Primary
Y
25-736
Gifts and Loans from Wholesaler
Primary
Y
25-741(a)
Providing Go-Cups at A & B Licensed Establishments
Secondary
Y
25-741(b)
Serving Back-up Drinks to Customers
Secondary
Y
25-742
Solicitation of Drinks by Employee
Secondary
Y
25-743
Tie-in Purchases Prohibited
Primary
Y
25-751
Limitations on Container Size
Secondary
Y
25-752
Containers to be Labeled
Secondary
Y
25-753
Keg Registration Required
Primary
N
25-754
Violating Beverage Storage Restrictions
Primary
Y
25-761
Structural Requirements
Secondary
Y
25-762(b)(1)
Failure to Obtain Approval to Increase Occupancy or the Use of Interior Space
Secondary
Y
25-762(b)(2)
Failure to Obtain Approval to Expand Exterior Public or Private Space Including Summer Gardens or Sidewalk Cafes
Primary
N
25-762(b)(3)
Failure to Obtain Approval to Expand to Another Floor, Roof, or Deck
Primary
N
25-762(b)(4)
Failure to Obtain Approval to Provide For or Expand Entertainment Area
Secondary
Y
25-762(b)(5)
Failure to Obtain Approval to Diminish or Expand Dining or Food Prep Area
Secondary
Y
25-762(b)(6)
Failure to Obtain Approval to Provide Permanent Space for Dancing
Primary
Y
25-762(b)(7)
Failure to Obtain Approval to Change Exterior Design
Secondary
Y
25-762(b)(8)
Failure to Obtain Approval to Provide Music or Entertainment if None Previously.
Primary
N
25-762(b)(9)
Failure to Obtain Approval to Change from Recorded to Live Music or Live Entertainment or Change the Kind of Music or Entertainment Provided
Secondary
Y
25-762 (b)(10)
Failure to Obtain Approval to Change Entertainment to Include Nude Performances
Primary
N
25-762(b)(11)
Failure to Obtain Approval to Change From Full Menu to Snack Menu
Secondary
Y
25-762(b)(12)
Failure to Obtain Approval to Change On-Premises to Carry-out, or Add Carry Out
Secondary
Y
25-762(b)(13)
Failure to Obtain Approval to Extend Hours of Operation
Primary
N
25-762(b)(14)
Failure to Obtain Approval to Provide New Mechanical or Electronic Entertainment
Secondary
Y
25-762(b)(15)
Failure to Obtain Approval to Change Trade Name or Corp Name With Ownership Change
Secondary
Y
25-762(b)(16)
Failure to Obtain Approval to Change Booth Size
Secondary
Y
25-762(b)(17)
Failure to Obtain Approval to Reduce Number of Toilet Facilities
Secondary
Y
25-762(b)(18)
Failure to Obtain Approval to Increase Number of Vessels Under On-Premises
Primary
N
25-763
Restrictions on Use of Signs
Secondary
Y – Mandatory for first offense
25-764
Advertisements Related to Alcohol
Secondary
Y
25-765
Advertisements on Windows and Doors
Secondary
Y – Mandatory for first offense
25-766
Prohibited Statements
Secondary
Y
25-771
Reporting by Manufacturers
Secondary
Y
25-772
Unlawful Importation of Beverages
Primary
N
25-781
Sale to Minors or Intoxicated Persons - Egregious
Primary
N
25-781
Sale to Minors or Intoxicated Persons - Non-egregious
Primary
Y – Mandatory for first offense
25-782(a)
Restrictions on Minors Entrance into Class A
Primary
Y
25-782(d)
Denying Admittance to Someone of Legal Drinking Age
Secondary
Y
25-783(a)
Sale to Someone Who Fails to Produce a Valid ID
Primary
N
25-783(b)
Failure to Take Reasonable Steps to Ascertain Legal Age
Primary
N
25-784(a)
Prohibit Persons Under 21 From Sell, Give, Furnish or Distribute, Except as Provided in 25-784(b)
Secondary
Y
25-784(b)
18-20 Person May Sell, Serve or Deliver, But May Not Bartend
Secondary
Y
25-791(a)
Failure to Surrender License Into Safekeeping
Secondary
Y – Mandatory for first offense
25-797(a)
Failure to Control Licensed Establishment
Primary
N
25-797(b)
Allowing Third Party or Promoter to Provide Security
Primary
N
25-802
Failure to Allow Examination of Premises, Books and Records
Primary
N
25-823(1)
Violation of Any Law Outside of Title 25 of the District of Columbia Code or Title 23 of the District of Columbia Municipal Regulations
Primary
Y
25-823(2)
Allowing Establishment to be Used for an Unlawful or Disorderly Purpose
Primary
N
25-823(3)
Failure by Owner or ABC Manager to Superintend Licensed Business
Secondary
Y
25-823(4)
Allowing Employees or Agents to Engage in Prostitution, Sexual Acts, or Sexual Contact
Primary
N
25-823(5)
Failure to Allow/Delays ABRA or MPD to Inspect Premises or Books and Records, or Otherwise Interferes With an Investigation
Primary
N
25-823(6)
Failure to Follow Voluntary Agreement
Secondary
Y
25-823(6)
Failure to Follow Security Plan or Board Order
Primary
N
25-828(c)
Licensee Defaces Notice of Suspension Placard
Secondary
N
23 DCMR 205.2
Failure to Obtain Storage Permit
Secondary
Y
23 DCMR 206.2
Retailer's Class DR or DT With Common Dining Area Fails to Sell Alcoholic Beverages in Containers Identifiable With Business
Secondary
Y
23 DCMR 206.4
Off-premise Retailer Class A or Class B failed to Inform Board in Application of Table Use
Secondary
Y – Mandatory for first offense
23 DCMR 208.19
Submission of Knowingly False or Misleading Affidavit
Primary
N
23 DCMR 600.1
Change Trade Name without Board Approval
Secondary
Y – Mandatory for first offense
23 DCMR 600.1
Change Corporate Name Without Board Approval
Primary
N
23 DCMR 600.3
Area Identified by Trade Name Inaccessible to Patrons
Secondary
Y
23 DCMR 601
Failure to Notify Board of Change in Ownership, Corporate Officers, or Partners
Secondary
Y
23 DCMR 702.3
Private Club Open to Public
Primary
Y
23 DCMR 705.9
Retailer's Class C, D, F, G, or Caterer Permits the Consumption of Alcoholic Beverages After Hours
Primary
N
23 DCMR 706
Remaining Open Without Securing Beverages or Having an ABC Manager or Owner Present
Primary
Y
23-707.1
Licensee or Board Approved Manager on Licensed Premises During Hours of Sale, Service or Consumption
Secondary
Y
23 DCMR 710.2
Minimum Charge Greater Than Value of Food or Beverage
Secondary
Y – Mandatory for first offense
23 DCMR 710.4
Failure to Post Sign Indicating Minimum Charge
Secondary
Y – Mandatory for first offense
23 DCMR 712
Participation in a Pub Crawl Without Board Approval or in a Manner Other Than as Approved by the Board
Secondary
N
23 DCMR 717.1
Permitting Alcoholic Beverages Brought by Consumer to be Removed From Premises
Secondary
Y
23 DCMR 717.2
Corking Fee
Secondary
Y
23 DCMR 719.1
Sign re: Drinking and Driving
Secondary
Y – Mandatory for first offense
23 DCMR 900
Primary American Source of Supply
Primary
Y
23 DCMR 901
Beer Labeling
Secondary
Y
23 DCMR 902
Open Container or Package in Vehicle
Primary
N
23 DCMR 905
Discriminatory Admittance Requirements
Secondary
Y
23 DCMR 1002
Cover Charge Without Entertainment Endorsement
Secondary
Y
23 DCMR 1204
Failure to Keep and Maintain Delivery Slips
Primary
Y
23 DCMR 1206
Failure of Manufacturer Class A to Submit Monthly Report
Secondary
Y
23 DCMR 1207.1
Failure to File Quarterly Statements
Secondary
Y
23 DCMR 1207.5
Failure to File Annual Reports
Secondary
Y
23 DCMR 1208
Failure of the Licensee to Keep or Maintain its Books, Records, or Invoices.
Primary
Y
23 DCMR 1303
Failure to Properly Transport Alcoholic Beverages in a Vehicle
Secondary
Y
23 DCMR 2000.1
The Selling, Delivering, or Serving of Alcoholic Beverages at a Catered Event Where Snack Items Are the Only Food Products Served by the Caterer
Primary
N
23 DCMR 2000.2
Caterer or Designated Manager on Premises of Event
Secondary
Y
23 DCMR 2000.3
Submission of False or Misleading Affidavit
Primary
N
23 DCMR 2002.1
Purchase of Alcoholic Beverages by Caterers
Primary
N
23 DCMR 2002.2
Failure to Maintain Caterer Records
Primary
Y
23 DCMR 2003.1
Improper Storage of Alcoholic Beverages by Caterer
Secondary
Y
23 DCMR 2004.1
Importation and Transportation of Alcoholic Beverages by Caterer
Secondary
Y
23 DCMR 2004.2
Removal of Unsealed Container by Caterer
Secondary
Y
23 DCMR 2004.3
Storage of Unopened Alcoholic Beverage by Caterer
Secondary
Y
23 DCMR 2005.1
Caterer: No ABC Manager Present
Secondary
Y
23 DCMR 2005.2
Caterer: No License Available for Public Inspection
Secondary
Y – Mandatory for first offense
23 DCMR 2006.1
Failure to File Caterer Report
Secondary
Y
23 DCMR 2006.2
Caterer: False or Misleading Information in Report
Primary
N
23 DCMR 2006.5
Caterer: Failure to Timely File Report
Secondary
Y
Copies of the proposed rulemaking can be obtained by contacting Martha Jenkins, General Counsel, Alcoholic Beverage Regulation Administration, 2000 14th Street, N.W., Suite 400, Washington, D.C. 20009. Persons with questions concerning the rulemaking should contact Martha Jenkins at 202-442-4456 or email martha.jenkins@dc.gov. All persons desiring to comment on the proposed rulemaking must submit their written comments, no later than thirty (30) days after the date of publication of this notice in the D.C. Register, to the above address.
