Legislation and Laws


Omnibus Alcoholic Beverage Regulation Amendment Act of 2012

Introduced: June 26, 2012

Referred to:

Introduced by: Jim Graham

Co-sponsored: Jack Evans

To amend Title 25 of the District of Columbia Official Code to define the term miniature; to clarify what constitutes a nude performance; to define over-concentration; to increase the wine alcohol percentage that can be sold by retailer’s class B licensees from 14% to 15%; to allow full-service grocery stores to sell growlers containing beer for off-premises consumption; to allow retailer’s class C and D licensees to purchase from retailer’s class A licensees when District wholesalers are closed; to make it a secondary tier violation to knowingly allow a patron to exit an on-premises establishment with an open container of alcohol; to allow caterers that also hold an on-premises retailer’s license to purchase alcoholic beverages from a wholesaler for all catered events; to allow licensed establishments to store books and records on the premises electronically; to clarify that the holder of a temporary license can receive alcoholic beverage deliveries from wholesalers up to 48 hours before a Board-approved event; to clarify which on-premises retail licensees are eligible to apply for a brew pub permit and allow brew pubs to sell growlers of beer to consumers for off-premises consumption; to create a new wine pub permit that allows for the manufacturing and the sale of wine to consumers; to require ABRA to establish a new licensee orientation class; to permit the issuance of additional retailer’s class B licenses if the total number of retailer’s class B licenses is less than 300; to clarify the required elements of a security plan; to require notice of placarded license applications to citizens associations registered with ABRA; to clarify the voluntary agreement enforcement penalties available to the Board; to clarify the conditions that are permitted to be in a voluntary agreement; to create a stipulated license fee; to correct a technical error by deleting the term “new owner license renewal” from D.C. Code § 25-601; to require a group of five or more residents or property owners to be within a 400 foot radius to qualify for standing; to require citizens associations to give notice to applicants and offer applicants an opportunity to address their voting body at a duly scheduled meeting; to clarify the impact of a voluntary agreement submitted by an affected ANC when a protest of a license application is pending; to allow Sunday alcoholic beverage sales by retailer’s class A licensees; to eliminate the requirement that on-premises licensees register for an additional hour of alcohol sales due to daylight saving time on the second Sunday of March starting in Fiscal Year 2014; to clarify that D.C. Code § 25-725 does not apply to heating, ventilation, and air conditioning services; to require that windows and doors of an establishment remain closed for a noise violation under D.C. Code § 25-725 to occur; to establish an affirmative defense to a violation of D.C. Code § 25-783(a) that the person was 21 years of age or older; to create a fee for maintaining licenses in safekeeping; to require that an investigation be conducted before taking summary enforcement action against a licensee; to allow the Board to fine a licensee $30,000 and suspend a license for 30 consecutive days for a fourth primary tier violation within four years; to make it a primary tier violation to sell or serve alcoholic beverages on a suspended or expired license or a license held in safekeeping; to make it a primary tier violation for failure to comply with the statutory food requirements; to require ABRA to maintain a noise complaint line and track noise complaints; to amend Title 42 of the District of Columbia Official Code to require real estate brokers and property managers to notify potential buyers and tenants of their rights under the District’s noise laws; and to amend Title 6 of the District of Columbia Official Code to create new soundproofing requirements for mixed use buildings constructed after January 1, 2013.