ABRA's Last Call Newsletter: May/June 2021 Edition

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Last Call Newsletter

MAY/JUNE 2021

ReOpen

Effective at 5:00 a.m. on Friday, June 11, several remaining restrictions and requirements imposed upon alcohol establishments by previous Mayor's Orders and ABC Board emergency rulemakings to mitigate the spread of COVID-19 will be lifted. This includes:

  • Nightclubs and multipurpose facilities may operate at 100 percent capacity. Previously, these alcohol establishments were limited to 50 percent capacity.
  • Maintaining a reservation system and collecting contact information from patrons is now at the discretion of each establishment. Previously, all alcohol establishments were required to implement a reservation system and collect contact information from at least one person from each party.

New modifications are detailed in Mayor’s Order 2021-069 and related ABC Board emergency rulemakings issued this week.

Questions may be directed to ABRA’s Licensing Division at abc@dc.gov. Inquiries are responded to Monday-Friday, 8:30 a.m.-4:00 p.m.


Pub Crawls

Effective May 29, alcohol establishments may resume hosting pub crawls in the District. Event applications must be submitted to ABRA at least 60-days prior to the initial event date and be accompanied by a public safety and litter mitigation plan. Pub crawl licenses are valid for three (3) years from the date of issuance. Applications and details are available online.

Establishments may also extend on-premises alcohol sales and consumption until 4:00 a.m. and operate 24-hours a day on select holidays and weekends if enrolled in the Extended Holidays Hours Program.

The next eligible holiday period for enrolled establishments is Independence Day Weekend—starting the evening of Friday, July 2 and concluding at 4:00 a.m. on Monday, July 5. Licensees may confirm their enrollment by emailing ABRA’s Licensing Division at abc@dc.gov or consulting the registration roster which will be published online the week of June 21. As always, extending hours for any or all of the valid duration is at the discretion of the licensee.

Unenrolled on-premises retailers and manufacturers with an on-site sales and consumption permit that would like to be eligible to extend their hours during future approved holidays, must submit an Extended Holiday Hours Application and Public Safety Form at least 30-days before the first holiday that they would like to participate. There is no fee to apply or participate. Applications are accepted on a rolling basis, and once approved, establishments are eligible to participate in all future permitted holidays.

Please note that Board Orders and Settlement Agreements apply to enrolled and prospective registrants. Additional details and registration materials are available on ABRA’s website.


New Legislation

Langdon Park Moratorium Zone
On May 19, at the request of ANC 5B, the ABC Board adopted the Langdon Park Moratorium Notice of Final Rulemaking, renewing the existing moratorium for an additional three (3) years.

The rulemaking maintains that within the moratorium boundaries:

  • A maximum of three (3) nightclubs and multipurpose facilities may operate.
  • No new entertainment endorsements may be issued to any restaurants or taverns.

Additionally, the rulemaking amends the moratorium to:

  • Prohibit alcohol establishments from expanding their licensed premises onto adjoining properties or lots except to increase onsite parking.

Adopted in 2017, the Langdon Park Moratorium Zone is one of four remaining moratoriums in the District. The others include—Adams Morgan Moratorium Zone, Glover Park Moratorium Zone and West Dupont Circle Moratorium Zone.

Additional legislation and rulemakings of note include:

Notice of Third Emergency Rulemaking - MPD RDO Hours of Eligibility 
The District’s Reimbursable Detail Subsidy Program allows eligible licensees and registered Business Improvement Districts (BIDs) to request Metropolitan Police Department officers to patrol areas outside of on-premises establishments and at outdoor events. ABRA pays 65 percent of the cost with the requesting licensee or entity paying the balance.

Starting July 1, the hours eligible for reimbursement will revert to pre-pandemic hours of 11:30 p.m. to 5:00 a.m., daily.  Additionally, registered Main Streets are also eligible to participate.

ABRA Technical Amendment Approval Resolution of 2021 (PR24-0190)
This proposed rulemaking seeks to amend Title 23 of the District of Columbia Municipal Regulations (DCMR) and make other administrative and technical amendments modifications. Of note modifications include:

  • Extending the span of a pub crawl license from one (1) year to three (3) years to reflect the DC Council's previous legislative change. 
  • Requiring of establishments who want to provide sports wagering to obtain a Sports Wagering Endorsement.
  • Allowance of on-premises retailer licenses (CR/DR and CH/DH) to self-certify their quarterly statements of expenditures and receipts. 

License and Permit Categories Approval Resolution of 2021 (PR24-0196)
The proposed rulemaking seeks to amend Chapter 2 of Title 23 of the DCMR to support the numerous statutory amendments passed by the DC Council. 


Reopen

ABRA’s physical office will reopen to the public and resume standard hours of operation—Monday-Friday, 8:30 a.m.-4:00 p.m., except on District and federal holidays—on Monday, July 12.

Walk-ins will be permitted but all visitors and staff must abide by posted face covering and physical distancing guidelines while in the Frank D. Reeves Center of Municipal Affairs. Customers are encouraged to continue conducting business online and by phone when possible.

The Alcoholic Beverage Control (ABC) Board will continue to meet virtually until further notice. Public hearing notices are published online and in the DC Register and all public meetings are streamed online. The annual ABC Board schedule is available online.

Office Closure & Board Recess | ABRA’s office will be closed on Monday, July 5 in observance of Independence Day. We will reopen on Tuesday, July 6 at 8:30 a.m. 

The ABC Board will be in recess on Wednesday, July 7. ABRA will be open during normal business hours from 8:30 a.m. to 4:00 p.m.


Fred Moosally

On June 1, the DC Council unanimously confirmed Director Fred Moosally for a fourth four (4)-year term at the helm of ABRA. Prior to being named Director in 2009, Moosally served as the agency’s General Counsel for seven years.

As Director, Moosally is responsible for cultivating a regulatory environment that protects consumers, boosts new business formation, and drives innovation and diversity in product and experience offerings.

Moosally’s leadership has earned ABRA national accolades including the National Liquor Law Enforcement Association’s Agency of the Year (2018) and Innovative Alcohol Law Enforcement Program of the Year (2017 and 2020).


Deadlines

Games of Skill Retailer License Application Filing | June 30
Alcohol establishments that were previously approved for a Games of Skill Endorsement by the ABC Board, and are operating games of skill devices on-premises must submit a Game of Skill Retailer License to the Office of Lottery and Gaming (OLG) by Wednesday, June 30. The original deadline was April 1.

Solicitors Second Annual License Fee Payment | June 30
License fees are due by the deadline and may be paid for the entire remaining licensing period or annually.

Semiannual Caterer Report | July 30
Alcohol-licensed caterers are required to submit semiannual reports that report sales and expenditures for alcohol and food regardless of the amounts, including if either total is zero. The upcoming filing period is for activity between January 1 through June 30.

Restaurants and Hotels Quarterly Statement | July 30
Alcohol-licensed restaurants and hotels are required to file quarterly statements reporting the previous quarter’s gross sales and expenditures for alcohol and food, including if either is total zero. The upcoming filing period is for activity between April 1 through June 30.

Carry-Out and Delivery Endorsement Fee | September 30
Alcohol licensees who registered with ABRA to offer alcohol for carry-out and delivery prior to April 1 must pay a $200 endorsement fee. Invoices will be mailed in mid to late summer. Once paid, licensees will be issued a new alcohol license with the endorsement included on it.

Safekeeping | September 30
Licensees with an alcohol license in safekeeping must submit a written extension request and pay the associated fee in advance of each biannual deadline in order to maintain safekeeping status.

Annual License Fee Payment | September 30
The deadline applies to:

  • CN—Second and third (final) annual payments. The original deadline for the second annual payment was September 30, 2020. There is no change to the third and final payment deadline.
  • CR/DR, CH/DH, CX/DX, and Caterer—Third (final) annual payments. The original deadline was March 30, 2021.

 


Licensee

In an effort to expand accessibility to ABRA’s datasets, ABRA is increasing the frequency in which it publishes current alcohol licensee datasets from quarterly to monthly. Each report details the alcohol license number, entity and trade name, street address, license class and type, Ward, and Single Member District. Current alcohol licensee rosters are available online.

Alcohol license issuances, detailing status changes at alcohol licensed establishments and substantial change requests approved by the ABC Board, continue to be published weekly online.


Virtual Trainings

ABRA hosts virtual training and information sessions throughout the year at no cost. Upcoming sessions include:

Caterer Semiannual Statement Filing 
Tuesday, July 8, 2021
This training will briefly highlight the relevant laws and regulations and walk through participants through each step of the online statement filing process.

Books and Records for Hotel and Restaurants
Monday, July 12, 2021
This training is an introduction to books and records legal requirements for hotels and restaurants and how to successfully complete and submit quarterly statements.

ID Compliance
Monday, July 19, 2021
A foundation course focused on preventing underage drinking by reducing youth access to alcohol through retailer education.

Recording of select recent sessions are available including:

Steps to Getting an Alcohol License
Recording Date | June 8, 2021
Tuesday, June 8, 2021 This session is focused on helping entrepreneurs better understand the alcohol licensure application and issuance processes, selecting the appropriate form for your business type, and how to best leverage ABRA’s in-house expertise.

Rodent Abatement
Recording Date | May 25, 2021
Co-presented with the District’s Department of Health, this session covers best practices, statutory requirements, and District Government resources for rodent prevention on-premises (indoor and outdoor) and the areas surrounding their establishment.