ABCA issues Statement on Naloxone Possession, Administration

In response to DC’s ongoing opioid epidemic, ABCA issued a statement last month reaffirming its strong support for alcohol licensed businesses maintaining and administering Naloxone, commonly referred to by the brand name “Narcan”, on-premises to reverse opioid-related drug overdoses as needed. 

Additionally, the statement: 

• Encourages licensees to coordinate staff training in opioid overdose prevention and the administration of Naloxone and distributes overdose prevention literature on-premises.
• Makes clear that no licensee that promotes, stores, or administers naloxone on-premises will be subject to disciplinary action by ABCA. 

For additional opioid prevention and treatment resources, visit the District Government’s online one-stop hub for ending the city’s opioid epidemic at livelong.dc.gov or email naloxone@dc.gov.

A recording of the Increasing Awareness of Opioid Overdose Risk & Treatment Resources info session co-hosted with the District’s Department of Behavioral Health is also available online.

Read the full statement.

Class A Liquor Store Licenses Becoming Available 

A to-be-determined number of Off-Premises Retailer Class A (Liquor Store) licenses will be announced via email on Monday, June 10. 

DC law caps liquor store licenses at 250 with one (1) license last becoming available in June 2023. Licenses in safekeeping count towards the cap.

Interested parties must submit a complete Alcohol License Application whether requesting a new license or a license class change. Applications will be accepted via email, mail, or in person on a first come, first served basis starting at 9:00 a.m. on Monday, June 24.

Early and/or incomplete applications will be rejected. Incompleteness includes but is not limited to failure to complete all required fields or include entity documents or a valid lease.

License fee and renewal schedule information is available online. Direct questions to ABCA.AlcoholLicensing@dc.gov. 

Outdoor Service Endorsements, Cannabis on Patios

As summertime nears, patrons will increasingly be seeking outdoor drinking and dining options. Before a business may sell, serve, or allow the consumption of alcohol outdoors, it must have the appropriate endorsement type. Available endorsements include: 

• Sidewalk Café—Permits alcohol service in outdoor PUBLIC space such as the sidewalk directly in front of a business.
• Summer Garden—Permits alcohol service in outdoor PRIVATE space such as a courtyard or rooftop.
• Streatery—Permits alcohol service in outdoor PUBLIC or PRIVATE space on new and expanded ground floor or street level space not included on license. 

Sidewalk Café and Summer Garden Endorsements are valid for the duration of the alcohol license. Streatery Endorsements are valid through December 31, 2024.

Regardless of the endorsement type or combination thereof, no business may permit the smoking or consumption of cannabis products on-premises (indoor or outdoor). 

Medical cannabis may only be consumed outdoors on private space at licensed medical cannabis Retailers (formerly called dispensaries) possessing a Summer Garden Endorsement. As of May 24, 2024, no such Retailer has been issued such an endorsement.

Alcohol endorsements may be requested on an initial Alcohol License Application or anytime afterward. Board Orders and Settlement Agreements may affect eligibility. 

Direct endorsement questions to ABCA.AlcoholLicensing@dc.gov.

The majority of US jurisdictions have statutory dram shop laws that determine grounds for liability generally on a negligence basis for selling alcohol to an intoxicated person and/or underage person. The District of Columbia has been one of the few remaining jurisdictions that imposes dram shop liquor liability on alcohol licensees as a result of common law court decisions. 

In March 2024, the DC Council passed and Mayor Muriel Bowser signed the Restaurant Revitalization and Dram Shop Clarification Amendment Act of 2024, which modifies and codifies alcohol licensee dram shop liability in Title 25 of the DC Code. 

These legislative changes bring DC more in line with other jurisdictions and are intended to reduce the cost of liquor liability insurance for licensees. The legislation is currently under congressional review and has a projected law date of Wednesday, June 5, 2024. 

Additionally, the Act created a new alcohol endorsement type that also has a projected effective date of June 5. Manufacturer and Off- and On-Premises Retailer license holders will be able to apply for an ABC Manager Endorsement which will permit them to register up to five (5) employees as ABC Managers.  

DC law requires either the licensee or at least one licensed ABC Manager to be on duty and on-premises to sell or serve alcohol. 

Currently, ABC Manager licenses are issued to and maintained by the person named on the license and are not controlled by any venue, even if paid for by them. The new endorsement type will be associated with the business’s alcohol license and will enable the licensee to add or replace persons as ABC Managers as needed. 

A business will be able to request to add more than the permitted five (5) employees at an additional annual cost per employee.

The ABC Board will hold a public hearing at 10:30 a.m. on Wednesday, June 5, to hear comments on the renewal of the Langdon Park Moratorium Zone. The moratorium has been in effect since 2017 and expires on June 11, 2024. 

Advisory Neighborhood Commission 5C has requested the moratorium be renewed for three (3) years with modifications including:  

• Prohibiting all medical cannabis business types. 
• Allowing Multipurpose Facilities that offer “family-friendly” programming. 
• Eliminating the prohibition on new Entertainment Endorsements for restaurants and taverns. 
• Expanding the boundaries to include nearby properties that house production, distribution, and repair businesses. 
• Renaming the zone the “Arboretum/Gateway/Langdon Alcohol/Cannabis Moratorium Zone”. 

A copy of the ANC’s resolution and the public hearing notice is available on ABCA’s website.  

In April 2024, the ABC Board approved the Adams Morgan Moratorium Zone Notice of Fifth Emergency and Proposed Rulemaking. The emergency rules remain in effect for 120 days, expiring on August 9, 2024, unless superseded by an emergency or final rulemaking.

The rulemaking: 

• Renews the Adams Morgan Moratorium for three (3) years. 
• Increases the cap on CT, DT, CX, and DX retailer licenses to 16. 
• Maintains all other restrictions in the existing moratorium. 

 The proposed rules are being submitted to the Council for a 90-day review period.  

ABCA Office Closures, ABC Board Recess