New ways of doing business could be on
the horizon for District alcohol licensees if a proposed bill introduced by Mayor
Muriel Bowser is passed. The legislation—titled The Omnibus Alcoholic
Beverage Regulation Amendment Act of 2017—would need the approval of the
District of Columbia Council and the Mayor’s signature in addition to undergoing
a 30-day Congressional review period before becoming effective.
Under the proposal, a number of
businesses would be able to extend hours for the 2018 MLB All-Star Game and FIFA
World Cup events taking place next year. The city will be center stage when the
District of Columbia hosts the All-Star Game for the first time in decades. Under
the legislation, on-premises retailers, manufacturers and temporary license
holders would be able to sell and serve alcohol until 4 a.m. and operate 24
hours a day from July 14-18, 2018. In addition, patrons would be able to watch
live soccer games as they occur overseas for the World Cup events at registered restaurants,
taverns, hotels and other on-premises establishments beginning at 7 a.m. throughout
the month of matches. World Cup events are scheduled to run from June 14, 2018 through July
15, 2018.
Another provision of the bill would address concerns heard from businesses as well as parents running errands with babies and children. Under current law, anyone under the age of 18 is prohibited from entering liquor stores during school hours. The bill proposes allowing children and others under 18 to enter liquor stores with a parent or guardian present.
Other items in the bill would expand how
licensees can provide their products to customers. Similar to a law enacted
last year that allowed grocery stores to sell growlers of beer, wine, cider and
mead, the proposed bill would permit beer and wine stores (class B off-premises retailers) to do the same.
The bill would also expand doggy bag and gift bag permissions beyond restaurants. The legislation proposes allowing hotels to reseal a bottle of wine for a customer, which they can then
take home with them in a doggy bag. The bag would need to
have a dated receipt attached to it and must be closed in a manner that would
make it easy to notice if the container were opened or tampered with.
The proposed bill would also
permanently exempt taverns, multipurpose facilities, liquor stores and beer and wine stores located in the Southwest Waterfront from the 400-foot licensing restriction from schools and other facilities. The same measure had been approved this year on an emergency and temporary
basis. Without such an exemption, alcohol licenses are prohibited from being issued in the Southwest Waterfront development because these establishments
would be located within 400 feet of two school facilities.
Among the proposed enforcement
measures in the bill, liquor stores, grocery stores and other off-premises
retailers with security cameras would be required to provide footage to Alcoholic
Beverage Regulation Administration (ABRA) investigators or Metropolitan Police
Department officers upon request. Another item would require an applicant for a liquor license to take
pictures of posted placards and to provide copies of the pictures to the Alcoholic Beverage Control Board
upon request. In addition, there would be changes to how the penalties for
sale-to-minor violations and ID-check failures are determined.
The complete bill can be reviewed
online. Stay tuned for updates on the legislation in ABRA’s Last Call newsletter.
In 1994, the Colorado state legislature adopted a measure
that required the state’s Department of Motor Vehicles to issue vertically
formatted driver’s licenses and ID cards to anyone under 21 years old in order
to combat underage drinking. Fast forward to 2017 when more than two-thirds of
states across the country have since followed suit, including the District of Columbia.
The vertical design was intended to help document checkers
at bars, restaurants and other age-restricted venues to more easily identify
minors by distinguishing their IDs from conventional horizontal layouts.
All vertical driver’s licenses and ID cards issued by U.S.
states and jurisdictions indicate that the document was issued to a minor.
However, a vertical ID doesn’t necessarily mean that the person presenting it
is, in fact, still under 21 years of age. Many states issue vertical licenses for
terms longer than a minor’s 21st birthday. In some jurisdictions, a vertical
license marked “under 21” may be valid for years after the holder’s 21st
birthday.
Licensees and their staff are encouraged to give the same extra
scrutiny to checking vertical IDs as their horizontal counterparts. After verifying the birthdate, it is also
important to check the expiration date to verify whether the ID is still valid.
In addition, examine the presenter and compare him or her against the image in
the document and review the biographic information to determine if there are
any significant discrepancies. Although a
vertical license may still be valid, genuine under 21 documents are often
passed on to other minors when the original ID holder turns 21 and applies for
a new license.
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New or renovated full-service grocery stores could soon be selling beer and wine in Ward 4 under proposed legislation that unanimously passed
its first reading before the District of Columbia Council on Nov. 7.
Under current law, new alcohol licenses cannot be issued to
liquor stores or beer and wine stores in the area, with one exception. New or renovated full-service
grocery stores—which are required to meet a host of criteria—that are located within
Advisory Neighborhood Commission 4C07 can obtain a license to sell beer
and wine, so long as the store does not devote more than 3,000 square feet of
space to alcoholic beverage sales.
The proposed bill would expand the exemption to include any
full-service grocery store located in Ward 4 for the issuance of a class B
off-premises retailer’s license. The measure would also eliminate any restrictions on the
amount of space a Ward 4 grocery store can dedicate to alcoholic beverage
sales.
In addition, the proposal would allow new or renovated grocery stores in Ward 4 to sell
growlers of beer and wine. The stores would still be prohibited
from selling single containers of beer, malt liquor or ale in sizes of 70
ounces or less.
Full-service grocery stores are defined by District law as
licensed grocery stores that offer a full line of food products, including
products from at least 6 of 7 required categories, and provide those products in
a required amount of dedicated selling space.
A complete list of requirements
is available online.
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New Year’s Eve is just around the
corner. Restaurants, bars and other on-premises establishments that want to host New Year's Eve events until 4 a.m. on the next morning but have not yet signed up for the Extended Holiday Hours Program will need to register by Dec. 1 to
participate.
Any licensee registered for
the program during 2017 will be automatically
eligible to participate in the program during 2018. A list of registered establishments as of this Thanksgiving is
available on Alcoholic Beverage Regulation Administration’s (ABRA) website.
Next year, licensees enrolled in the program will be able to stay
open later during 11 District and Federal holidays, which includes three separate three-day holiday weekends. The complete 2018
calendar can be reviewed on ABRA's website.
On-premises
establishments can register for the program by submitting a registration
form and public safety plan to
ABRA at least 30 days prior to the first holiday a licensee would like to
participate in. Once a licensee is registered and approved, the registration will
be valid for the calendar year and each year thereafter. There is no fee to
enroll. Complete details are available online.
Licensees that have questions can
contact ABRA's Licensing Division by emailing or calling (202) 442-4423.
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The Alcoholic Beverage Regulation
Administration (ABRA) has two re-designed forms available. Licensees should use
the new import-transport permit form and safekeeping application that are now available on ABRA’s
website and at the agency’s office.
An import-transport permit is required for
any restaurant, tavern, liquor store, grocery store or other District
alcohol-licensed retailer that is importing alcoholic beverages into the
District of Columbia. Alcohol may only be imported by a retailer when the
product cannot be obtained—or obtained in sufficient quantity—from a District
wholesaler or manufacturer.
In order to apply, a retailer can fill out the
form online, print out two copies, and submit it in person to
ABRA's office. There is a $5 fee for a single permit, which is required to accompany the transport of the alcoholic beverages.
The other form is for the safekeeping of a license. It should be submitted for any
alcohol license that is temporarily discontinued for any reason. Most licenses
are put into safekeeping as a result of damages to an establishment; undergoing renovations; or when a business is moving to a new location.
Any business with a liquor license being held
in safekeeping will need to request an extension for the safekeeping by the following deadlines
each year in order to maintain safekeeping status:
- March 31; and
- September 30.
There are fees for placing a license in
safekeeping, which are additional to initial and renewal license
fees. All regular annual license fees and renewal fees must be paid in addition
to safekeeping fees or the license could be canceled.
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The Alcoholic Beverage Regulation Administration (ABRA) has
a host of upcoming free trainings for licensees.
Licensee Orientation
Training
ABRA has added another Licensee Orientation Training to its
schedule this year to accommodate the many licensees opening new businesses at
the Wharf. All new and existing licensees throughout the District are also invited
to attend. Training will be held from 2-4 p.m. on Monday, Dec. 4.
Training will cover District alcohol laws and regulations (including recent changes to the law), tips for working effectively with the community, settlement agreements, expectations of licensees and best practices, as well as noise abatement and sound management.
Register online or contact ABRA Community Resource Officer
Sarah Fashbaugh by Friday, Dec. 1, 2017 by emailing or calling (202) 397-3971.
Attendance for this class is strongly recommended for new
license holders. Training is free of charge. Requests for interpreters may be
made but must be submitted by the registration deadline.
Books and Records
Training
Hotel
and restaurant licensees are invited to attend ABRA's Books and Records Training on Tuesday, Dec. 12, 2017 at either:
- 9-11 a.m. (Spanish interpreter available); or
- 2-4 p.m. (Korean interpreter available).
Training will cover food sales requirements and reporting;
quarterly statement filings; and books and records tracking.
Register online or contact ABRA Compliance Analyst Monica Clark by emailing or calling (202) 442-4438.
Training Locations
All trainings are free of charge and located at ABRA's office at 2000 14th St., NW, Suite 400 South, 4th Floor, Washington, DC 20009.
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Beer and wine stores as well as liquor stores will be able
to stay open until midnight during two upcoming Sundays even if they do not have licensing approval for Sunday sales.
Under the law, all off-premises retailers (class A and B) can
sell and deliver alcohol from 7 a.m.-midnight on Sunday, Dec. 24 and Sunday,
Dec. 31. Any licensee with an Alcoholic Beverage Control Board order or settlement agreement restricting
hours during these times would not be permitted to participate. The complete
law is available in section 722 of
the District of Columbia Official Code Title 25 (page 86).
Licensees that have questions can contact the Alcoholic
Beverage Regulation Administration for more information by emailing abra@dc.gov or calling (202) 442-4423.
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