ABRA's Last Call Newsletter: March/May 2018 Edition

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Last Call Newsletter

March-May 2018

DC Council Approves Extended Hours for ASG and World Cup

On May 1, 2018, the Council of the District of Columbia approved the All-Star Game and World Cup Emergency Amendment Act of 2018 (B22-800) to allow for extended hours for eligible licensees during this summer's two major sporting events. The bill passed at the request of Mayor Muriel Bowser, who submitted the legislation to the Council on April 26, 2018. 

First, The Fédération Internationale de Football Association will host the 2018 World Cup Tournament in Russia. Russia contains 11 different time zones, each many hours ahead of the District, so a number of the matches will start early in the morning on the East Coast. In order to accommodate the city's diverse and international community who wish to watch the global events live, licensed establishments can apply to temporarily amend their hours. Under the bill, patrons would be able to watch live soccer games as they occur overseas for the 2018 World Cup at registered restaurants, taverns, hotels and other on-premises establishments beginning at 7 a.m. throughout the tournament. World Cup matches are scheduled to run from June 14 to July 15, 2018. 

The second major sporting event, the Major League Baseball All-Star Game, will take place in the District this year for the first time in decades. Thousands of people are expected to travel to the city for the game and the events surrounding it. Under the same bill, eligible on-premises retailers, manufacturers and temporary license holders would be able to register with ABRA to sell and serve alcohol until 4 a.m. and operate 24 hours a day from July 14 to 18, 2018.

Only establishments that do not have operating hours restrictions written in their settlement agreements or Board Orders are eligible to participate. The Alcoholic Beverage Regulation Administration will keep the public updated in the event that the bill becomes law. 


Southwest Waterfront Exemption Act Passed

On April 10, 2018, the Council of the District of Columbia approved a measure that would extend the previous Southwest Waterfront emergency exemption from certain licensing restrictions. 

Last summer, the Council approved the Southwest Waterfront Exemption Temporary Amendment Act of 2017, which exempted taverns, multipurpose facilities (such as concert venues) and liquor stores from certain restrictions in a defined area of the waterfront that is designated MU-12 zone, square 473. However, it expired on May 3, 2018.

Under current rules, liquor licenses cannot be issued to such establishments within 400 feet of a schoolincluding a college or universityor an area operated by the Department of Parks and Recreation. Because two schools already exist in the waterfront neighborhood, alcohol licenses cannot be issued in that area without the special legislation permitting it. 

In order to avoid any lapse in the exemption, the Mayor proposed and the Council passed the Southwest Waterfront Exemption Emergency Amendment Act of 2018 (B22-762). This measure ensures that licensed establishments in the excepted area of the Southwest Waterfront can continue to operate without interruption. The Omnibus Alcoholic Beverage Amendment Act of 2017 (B22-537) currently under Council review would provide an amendment to the law to make this exception permanent.


Changes to ABRA's Civil Penalty Schedule

On April 10, 2018, The Council of the District of Columbia unanimously voted to approve the Alcoholic Beverage Regulation Administration's (ABRA) Civil Penalty Schedule proposed rulemaking. The Revised ABRA Civil Penalty Schedule Resolution of 2017 (R22-0464) would amend section 800 of Title 23 of the District of Columbia Municipal Regulations by adding new infractions created by the Omnibus Alcoholic Beverage Regulation Amendment Act of 2016 (L21-260)

For example, the proposed revised Civil Penalty Schedule includes violations for tampering with or refilling bottles, selling or offering to sell powdered alcohol and forging or altering a license issued by ABRA. These new infractions and penalties are necessary to ensure that ABRA has the tools to take enforcement action against a licensee when violations are discovered. Additionally, the rulemaking would amend 23 DCMR § 800 by increasing the number of infractions for which the Board is permitted to issue a discretionary warning and fixing statutory and regulatory citations. 

Following the Council's approval of the proposed rules, the ABC Board approved the Civil Penalty Notice of Final Rulemaking on April 25, 2018. The final rules were submitted to the Office of Documents and Administrative Issuances for publication in the District Register. The rules will go into effect five days after they are published in the Register. 


Growler lead

Many licensees have had questions about growlers. What defines a growler, how can they be filled and how they can be sold in compliance with District law? In short, a growler is a reusable container that is capable of holding up to 64 fluid ounces of beer, wine, cider or mead that is designed to be filled and sealed on premises for consumption off-premises.  

Beer in growlers may only be sold by the following types of alcoholic beverage licensees:

  • Off-premises retailer’s class A, which includes liquor stores;
  • Off-premises retailer’s class B that are licensed as full-service grocery stores;
  • Manufacturer’s class B, which includes breweries; and
  • On-premises retailer’s class C or D that have a brew pub permit, which allows the establishment to sell growlers from 7 a.m. to midnight.

Wine in growlers may only be sold by the following types of alcoholic beverage licensees:

  • Off-premises retailer’s class A, which includes liquor stores;
  • Off-premises retailer’s class B that are licensed as full-service grocery stores;
  • Manufacturer’s class A that are licensed as wineries; and
  • On-premises retailer’s class C or D that have a wine pub permit, which allows the establishment to sell growlers from 7 a.m. to midnight.

Wine in growlers may only be sold if the alcohol content in the wine (including cider and mead) does not contain more than 15% alcohol by volume. Retailers that hold a valid license or permit to sell and distribute beer, wine, cider or mead in growlers may not permit patrons that purchase growlers containing alcohol to consume the beverage at the licensed establishment unless they are a brew pub, wine pub or a brewery or winery with an on-site sales and consumption permit.

For more information, visit the Growler Quick Guide on ABRA's website.


Trainings

The Alcoholic Beverage Regulation Administration (ABRA) has a host of upcoming free trainings for licensees.

Licensee Orientation Training

ABRA has added two new Licensee Orientation Trainings to its schedule this year. All new and existing licensees throughout the District are invited to attend. The next two trainings will be held from 2:00 p.m. to 4:00 p.m. on Thursday, June 14, 2018 and Thursday, August 23, 2018.

The 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 email or by 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 Thursday, September 13, 2018 at either:

  • 9:00 a.m. to 11:00 a.m. (Spanish interpreter available); or
  • 2:00 p.m. to 4:00 p.m. (Korean interpreter available).

Training will cover food sales requirements and reporting, quarterly statement filings, and books and records tracking. For additional dates, please visit ABRA’s website.

Register online or contact ABRA Compliance Analyst Monica Clark by email or by calling (202) 442-4438.

I.D. Compliance Training

The Alcoholic Beverage Regulation Administration (ABRA) provides annual ID Compliance Training for ABC licensees and their staff. The training will cover prevention of sales of alcoholic beverages to minors and intoxicated persons, techniques for properly verifying IDs, tips for spotting fake IDs and information on ABRA compliance checks.

ID Compliance trainings will be held:

July 13, 2018
9:00 a.m. to 11:00 a.m.
11:30 a.m. to 1:30 p.m.
2:30 p.m. to 3:30 p.m.

July 14, 2018
9:00 a.m. to 11:00 a.m.
11:30 a.m. to 1:30 p.m.
2:30 p.m. to 3:30 p.m.

July 15, 2018
9:00 a.m. to 11:00 a.m. (Korean)
11:30 a.m. to 1:30 p.m. (Spanish)
2:30 p.m. to 3:30 p.m.

RSVP by contacting Jackie Richardson by email or by calling (202) 442-4446.

Visit our website for additional information. 

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