reglab/statecodes huggingface dataset:
2023 District of Columbia Code › Title 25 - Alcoholic Beverages. [Enacted title] › Chapter 7 - Standards of Operation › Subchapter VI - Limitations on Container Number, Size, Labeling, and Storage › § 25–752. Containers to be labeled

§ 25–752. Containers to be labeled.
No rectified or blended spirits shall be sold unless the container in which it is sold shall bear a legible label, firmly affixed, stating the nature and percentage of each ingredient (except water), the age of the ingredient, and the alcoholic content by volume.
(Jan. 24, 1934, 48 Stat. 336, ch. 4, § 36; May 3, 2001, D.C. Law 13-298, § 101, 48 DCR 2959; Mar. 22, 2023, D.C. Law 24-332, § 5, 70 DCR 1582.)
Prior Codifications
1981 Ed., § 25-752.
1973 Ed., § 25-134.
2023 District of Columbia Code › Title 25 - Alcoholic Beverages. [Enacted title] › Chapter 7 - Standards of Operation › Subchapter VI - Limitations on Container Number, Size, Labeling, and Storage › § 25–754. Restrictions on storage of beverages

§ 25–754. Restrictions on storage of beverages.
(a) Alcoholic beverages shall not be manufactured, kept for sale, or sold by any licensee other than at the licensed establishment; provided, that the Board may permit the storing of beverages upon premises other than the licensed establishment in the District under the following classes of licenses:
(1) Manufacturer’s license;
(2) Wholesaler’s license;
(3) Off-premises retailer's license, class A or B;
(4) On-premises retailer's license, class C or D; and
(5) Caterer’s license.
(b) A licensee may not store alcoholic beverages upon premises outside the District.
(c) The Board may permit a licensee to conduct other activities at an approved storage location; except, that that the licensee shall not be permitted to sell, [serve], or allow the consumption of alcoholic beverages at the storage location.
(Jan. 24, 1934, 48 Stat. 327, ch. 4, § 13; Aug. 24, 1935, 49 Stat. 900, ch. 756, § 8; Dec. 8, 1970, 84 Stat. 1394, Pub. L. 91-535, § 5; Oct. 26, 1977, D.C. Law 2-27, § 2, 24 DCR 3720; Mar. 5, 1981, D.C. Law 3-157, § 2(c), 27 DCR 5117; July 26, 1986, D.C. Law 6-130, § 2, 33 DCR 3405; Mar. 7, 1987, D.C. Law 6-217, § 8, 34 DCR 907; May 3, 2001, D.C. Law 13-298,§ 101, 48 DCR 2959; Feb. 21, 2020, D.C. Law 23-51, § 2(d)(3), 67 DCR 13; Mar. 22, 2023, D.C. Law 24-332, § 5, 70 DCR 1582.)
Prior Codifications
1981 Ed., § 25-754.
1973 Ed., § 25-114.
Section References
This section is referenced in § 25-402.
2023 District of Columbia Code › Title 25 - Alcoholic Beverages. [Enacted title] › Chapter 7 - Standards of Operation › Subchapter VII - Physical Space and Advertising › § 25–761. Structural requirements

§ 25–761. Structural requirements.
No license shall be issued for the sale or consumption of beverages in any building, a part of which is used as a dwelling or lodging house, unless the applicant files an affidavit stating to the satisfaction of the Board that access from the portion of the building used as a dwelling or lodging house to the portion where the applicant desires to sell alcoholic beverages is effectively closed; provided, that the provisions of this section shall not apply to a hotel or a club licensed under this title. The Board, by regulation, may provide for waiver of the provisions of this section upon application of a licensee.
(May 3, 2001, D.C. Law 13-298, § 101, 48 DCR 2959; Mar. 22, 2023, D.C. Law 24-332, § 5, 70 DCR 1582.)
2023 District of Columbia Code › Title 25 - Alcoholic Beverages. [Enacted title] › Chapter 7 - Standards of Operation › Subchapter VII - Physical Space and Advertising › § 25–762. Substantial changes in operation must be approved

§ 25–762. Substantial changes in operation must be approved.
(a) Before a licensee may make a change in the interior or exterior, or a change in format, of any licensed establishment, which would substantially change the nature of the operation of the licensed establishment as set forth in the initial application for the license, the licensee shall obtain the approval of the Board in accordance with § 25-404.
(b) In determining whether the proposed changes are substantial, the Board shall consider whether they are potentially of concern to the residents of the area surrounding the establishment, including changes which would:
(1) Increase the occupancy of the licensed establishment or the use of interior space not previously used;
(2) Expand the operation of the licensed establishment to allow for permanent use of exterior public or private space or summer gardens;
(3) Expand the operation of the licensed establishment to another floor, roof, or deck;
(4) Provide for, or expand, an area in which live entertainment would be performed by employees of the establishment, patrons, contract employees, or self-employed individuals, such as dancers or disc jockeys;
(5) Diminish, or expand, the space used by the establishment for service of meals, dining areas, or food preparation areas;
(6) Provide permanent space for dancing by patrons if none existed previously;
(7) Change the exterior design, architecture, or construction of the building in such a way as to convey to the public notice of the fact that alcoholic beverages are to be, or are sold, dispensed, stored, or distributed in or from the building;
(8) Provide music or entertainment if none was provided previously;
(9) Change from recorded to live music or entertainment or the kind of music or entertainment provided;
(10) Change the entertainment to include nude performances;
(11) Change from full-menu offerings to offering snack food;
(12) Change from on-premises consumption of food to carry-out sales or offering carry-out sales if none existed previously;
(13) Extend the hours of operation;
(14) Provide mechanical or electronic entertainment devices if these did not exist previously or provide for the installation of additional devices;
(15) Change the trade name or corporate name, coupled with a change in ownership of the establishment;
(16) Change the booth sizes;
(17) Reduce the number of toilet facilities; or
(18) Increase the number of vessels under the on-premises common carrier license class.
(c) A temporary or permanent reduction in the hours of operation of a licensed establishment shall not constitute a substantial change.
(May 3, 2001, D.C. Law 13-298, § 101, 48 DCR 2959; Mar. 22, 2023, D.C. Law 24-332, § 5, 70 DCR 1582.)
Section References
This section is referenced in § 25-351 and § 25-361.
2023 District of Columbia Code › Title 25 - Alcoholic Beverages. [Enacted title] › Chapter 7 - Standards of Operation › Subchapter VII - Physical Space and Advertising › § 25–764. Advertisements related to alcoholic beverages in general

§ 25–764. Advertisements related to alcoholic beverages in general.
No person shall publish or disseminate, or cause to be published or disseminated, directly or indirectly, through any radio or television broadcast, in any newspaper, magazine, periodical, or other publication, or by any sign, placard, or any printed matter, an advertisement of alcoholic beverages which is not in conformity with this title.
(May 3, 2001, D.C. Law 13-298, § 101, 48 DCR 2959; Mar. 22, 2023, D.C. Law 24-332, § 5, 70 DCR 1582.)
2023 District of Columbia Code › Title 25 - Alcoholic Beverages. [Enacted title] › Chapter 7 - Standards of Operation › Subchapter VII - Physical Space and Advertising › § 25–765. Advertisement on windows and doors of licensed establishment

§ 25–765. Advertisement on windows and doors of licensed establishment.
(a) Advertisements relating to alcoholic beverages shall only be displayed in the window of a licensed establishment if the total area covered by the advertisements does not exceed 25% of the window space.
(b) Advertisements relating to alcoholic beverages shall not be displayed on the exterior of any window or on the exterior or interior of any door.
(c) Advertisements related to game of skill machines shall not be placed on the interior or exterior of a window or on the exterior of a door that is used to enter or exit the licensed establishment.
(May 3, 2001, D.C. Law 13-298, § 101, 48 DCR 2959; May 2, 2015, D.C. Law 20-270, § 2(e)(7), 62 DCR 1866; Apr. 27, 2021, D.C. Law 23-280, § 8(d)(3), 68 DCR 001156; Mar. 22, 2023, D.C. Law 24-332, § 5, 70 DCR 1582.)
Effect of Amendments
The 2015 amendment by D.C. Law 20-270 substituted “to alcoholic beverages” for “to the prices of alcoholic beverages” in (a).
Emergency Legislation
For temporary (90 days) amendment of this section, see § 3(d)(3) of Revised Game of Skill Machines Consumer Protections Congressional Review Emergency Amendment Act of 2021 (D.C. Act 24-16, Feb. 26, 2021, 68 DCR 002559).
For temporary (90 days) amendment of this section, see § 3(d)(3) of Revised Game of Skill Machines Consumer Protections Emergency Amendment Act of 2020 (D.C. Act 23-479, Oct. 1, 2020, 67 DCR 13284).
For temporary (90 days) amendment of this section, see § 2(d)(4) of Games of Skill Consumer Protection Emergency Amendment Act of 2020 (D.C. Act 23-229, Feb. 27, 2020, 0 DCR 0).
Temporary Legislation
For temporary (225 days) amendment of this section, see § 3(d)(3) of Revised Game of Skill Machines Consumer Protections Temporary Amendment Act of 2020 (D.C. Law 23-257, Mar. 16, 2021, 67 DCR 13932).
For temporary (225 days) amendment of this section, see § 2(d)(4) of Games of Skill Consumer Protection Temporary Amendment Act of 2020 (D.C. Law 23-93, May 6, 2020, 67 DCR 3522).
2023 District of Columbia Code › Title 25 - Alcoholic Beverages. [Enacted title] › Chapter 7 - Standards of Operation › Subchapter VII - Physical Space and Advertising › § 25–766. Prohibited statements in advertisements

§ 25–766. Prohibited statements in advertisements.
Advertisements and written notices or other documents that are displayed or provided to the public that contain false or misleading statements with respect to any material fact shall be prohibited.
(May 3, 2001, D.C. Law 13-298, § 101, 48 DCR 2959; June 30, 2022, D.C. Law 24-127, § 2(f), 69 DCR 005071; Mar. 22, 2023, D.C. Law 24-332, § 5, 70 DCR 1582.)
2023 District of Columbia Code › Title 25 - Alcoholic Beverages. [Enacted title] › Chapter 7 - Standards of Operation › Subchapter VII - Physical Space and Advertising › § 25–767. Outdoor common seating area

§ 25–767. Outdoor common seating area.
(a) An applicant for a commercial lifestyle center license may apply to the Board to operate one or more outdoor common seating areas on private space to be utilized by patrons purchasing food and alcoholic beverages from licensed on-premises retailers for carry-out; provided, that:
(1) The outdoor common seating area is clearly defined and marked with signage;
(2) Alcoholic beverages consumed in the outdoor common seating area are in plastic or non-glass containers of no more than 16 ounces;
(3) Alcoholic beverages are labeled with the trade name, logo, or other labeling unique to the licensee;
(4) Patrons remain seated while consuming food and alcohol;
(5) There is no bar in the outdoor common seating area;
(6) No food or alcoholic beverage service is provided in the outdoor common seating area;
(7) Open alcoholic beverages may not be taken from the outdoor common seating area into a licensed establishment;
(8) Only alcoholic beverages purchased from licensed establishments may be brought into the outdoor common seating area; and
(9) Any unfinished alcoholic beverage must be discarded prior to or upon leaving the licensed premises of the commercial lifestyle center.
(June 30, 2022, D.C. Law 24-127, § 2(f)(11), 69 DCR 005071; Mar. 22, 2023, D.C. Law 24-332, § 5, 70 DCR 1582.)
2023 District of Columbia Code › Title 25 - Alcoholic Beverages. [Enacted title] › Chapter 7 - Standards of Operation › Subchapter VIII - Reporting; Importation › § 25–771. Reporting. [Repealed]

§ 25–771. Reporting. [Repealed]
[Repealed].
(Jan. 24, 1934, 48 Stat. 332, ch. 4, § 22; Apr. 30, 1934, 48 Stat. 654, ch. 181, § 2; Sept. 29, 1982, D.C. Law 4-157, § 15, 29 DCR 3617; Mar. 8, 1984, D.C. Law 5-51, § 2(b)(8), 30 DCR 5927; May 3, 2001, D.C. Law 13-298,§ 101, 48 DCR 2959; Oct. 26, 2001, D.C. Law 14-42, § 6(e), 48 DCR 7612; Mar. 13, 2004, D.C. Law 15-105, § 26(b)(2), 51 DCR 881; Apr. 7, 2017, D.C. Law 21-260, § 2(f)(5), 64 DCR 2079; Mar. 22, 2023, D.C. Law 24-332, § 5, 70 DCR 1582.)
Prior Codifications
1981 Ed., § 25-771.
1973 Ed., § 25-123.
Effect of Amendments
D.C. Law 14-42, in subsec. (a), substituted “calendar month” for “month”.
D.C. Law 15-105, in subsec. (a), validated a previously made technical correction.
Emergency Legislation
For temporary (90 day) amendment of section, see § 6(e) of Technical Amendments Emergency Act of 2001 (D.C. Act 14-108, August 3, 2001, 48 DCR 7622).
2023 District of Columbia Code › Title 25 - Alcoholic Beverages. [Enacted title] › Chapter 7 - Standards of Operation › Subchapter VIII - Reporting; Importation › § 25–773. Recordkeeping

§ 25–773. Recordkeeping.
(a) As required by subsection (b) of this section, each holder of a retailer’s license shall maintain upon the licensed premises, either physically or electronically, records of canceled importation permits and of invoices and delivery slips that, as determined by ABCA, fully show the purchases made by and deliveries made to the licensee of all alcoholic beverages except beer, including:
(1) The quantity, in gallons, of each kind of alcoholic beverage in each purchase;
(2) The date of each purchase;
(3) The name and business address of the person from whom the alcoholic beverage was purchased, including the license number of the vendor, if licensed under this title;
(4) The price of each kind of alcoholic beverage purchased and the total price for the quantity purchased; and
(5) The character, brand, and quantity, in gallons, of all alcoholic beverages acquired other than by purchase.
(b) All invoices and delivery slips required to be maintained by this section and importation permits after cancellation, as required by § 25-119, shall be systematically filed and maintained for 3 years from the date of receipt and shall show a true, accurate, and complete statement of terms and conditions on which each purchase was made.
(Mar. 9, 2016, D.C. Law 21-84, § 2(e)(4), 63 DCR 781; Mar. 22, 2023, D.C. Law 24-332, § 5, 70 DCR 1582.)
2023 District of Columbia Code › Title 25 - Alcoholic Beverages. [Enacted title] › Chapter 7 - Standards of Operation › Subchapter IX - Minors and Intoxicated Persons › § 25–782. Restrictions on minor’s entrance into licensed premises

§ 25–782. Restrictions on minor’s entrance into licensed premises.
(a)(1) Except as provided in paragraph (2) of this subsection, the licensee under an off-premises retailer’s license, class A, shall not permit a person under 18 years of age to enter the licensed establishment between the hours of 8 a.m. and 3 p.m. on any day in which the public schools of the District are in session during the regular school year.
(2) A licensee under an off-premises retailer's license, class A, may allow a person under 18 years of age who is accompanied by a parent or guardian to enter the licensed establishment between the hours of 8:00 a.m. and 3:00 p.m. on any day in which the public schools of the District are in session during the regular school year.
(b) It shall be an affirmative defense to a charge of violating subsection (a) of this section that the licensee or a licensee’s employee was shown a valid identification document indicating that the minor was 18 years of age or older, which document the licensee or the licensee’s employee reasonably believed to be valid, and that the licensee or the licensee’s employee reasonably believed that the person was 18 years of age or older or was not truant or unlawfully absent from school.
(c) Subsection (a) of this section shall not apply to a licensee under a retailer’s license, class A, for a supermarket if its primary business and purpose is the sale of a full range of fresh, canned, and frozen food items, and if the sale of alcoholic beverages is incidental to the primary purpose and constitutes no more than 25% of total volume of gross receipts on an annual basis.
(d) Except as otherwise permitted, a licensee shall not deny admittance to a person displaying a valid identification document displaying proof of legal drinking age.
(e) The provisions of this section notwithstanding, a licensee not shall discriminate on any basis prohibited by Unit A of Chapter 14 of Title 2.
(Jan. 24, 1934, 48 Stat. 331, ch. 4, § 20; Aug. 27, 1935, 49 Stat. 901, ch. 756, § 10; June 29, 1953, 67 Stat. 104, ch. 159, § 404(g); Sept. 29, 1982, D.C. Law 4-157, § 12, 29 DCR 3617; Sept. 26, 1984, D.C. Law 5-106, § 2, 31 DCR 3381; Feb. 24, 1987, D.C. Law 6-178, § 2(a), 33 DCR 7654; Mar. 7, 1987, D.C. Law 6-217, § 12, 34 DCR 907; Sept. 11, 1993, D.C. Law 10-12,§ 2(c), 40 DCR 4020; May 24, 1994, D.C. Law 10-122, § 2(i), 41 DCR 1658; May 3, 2001, D.C. Law 13-298, § 101, 48 DCR 2959; Oct. 30, 2018, D.C. Law 22-165, § 2(f)(8), 65 DCR 9366; Mar. 22, 2023, D.C. Law 24-332, § 5, 70 DCR 1582.)
Prior Codifications
1981 Ed., § 25-782.
1973 Ed., § 25-121.
2023 District of Columbia Code › Title 25 - Alcoholic Beverages. [Enacted title] › Chapter 7 - Standards of Operation › Subchapter IX - Minors and Intoxicated Persons › § 25–784. Sale or distribution of beverages by minor prohibited

§ 25–784. Sale or distribution of beverages by minor prohibited.
(a) Except as provided in subsection (b) of this section, a licensee shall not allow any person under 21 years of age to sell, give, furnish, or distribute an alcoholic beverage.
(b) A licensee may allow an employee who is 18 years of age or older to sell, serve, deliver, or pour an alcoholic beverage ; provided, that no employee under 21 years of age shall serve as a bartender.
(Jan. 24, 1934, 48 Stat. 331, ch. 4, §§ 20, 25; Aug. 27, 1935, 49 Stat. 901, ch. 756, §§ 10, 12; June 29, 1953, 67 Stat. 104, ch. 159, § 404(g); Dec. 8, 1970, 84 Stat. 1393, Pub. L. 91-535, § 3(b); Sept. 29, 1982, D.C. Law 4-157, § 12, 29 DCR 3617; Sept. 26, 1984, D.C. Law 5-106, § 2, 31 DCR 3381; Feb. 24, 1987, D.C. Law 6-178, § 2(a), (b), 33 DCR 7654; Mar. 7, 1987, D.C. Law 6-217, §§ 12, 13, 34 DCR 907; Sept. 11, 1993, D.C. Law 10-12, § 2(c), 40 DCR 4020; May 24, 1994, D.C. Law 10-122, § 2(i), 41 DCR 1658; May 3, 2001, D.C. Law 13-298, § 101, 48 DCR 2959; Oct. 30, 2018, D.C. Law 22-165, § 2(f)(10), 65 DCR 9366; Feb. 21, 2020, D.C. Law 23-50, § 2(b)(6), 67 DCR 9; Mar. 22, 2023, D.C. Law 24-332, § 5, 70 DCR 1582.)
Prior Codifications
1981 Ed., § 25-784.
1973 Ed., § 25-121.
Section References
This section is referenced in § 25-781.
2023 District of Columbia Code › Title 25 - Alcoholic Beverages. [Enacted title] › Chapter 7 - Standards of Operation › Subchapter IX - Minors and Intoxicated Persons › § 25–785. Delivery, offer, or otherwise making available to persons under 21; penalties

§ 25–785. Delivery, offer, or otherwise making available to persons under 21; penalties.
(a) A person who is not a licensee shall not, within the District, purchase an alcoholic beverage for the purpose of delivering the alcoholic beverage to a person who is under 21 years of age.
(b) A person who is a licensee shall not, within the District, offer, give, provide, or otherwise make available an alcoholic beverage to a person who is under 21 years of age, except if necessary to allow the person to perform lawful employment responsibilities that require the person to have temporary possession of alcoholic beverages.
(c) A person who violates any provision of this section shall:
(1) Upon conviction for the first offense, be fined not more then [than] $1,000, or imprisoned up to 180 days, or both;
(2) Upon conviction for the second offense committed within 2 years from the date of any such previous offense, be fined not more than $2,500, or imprisoned up to 180 days, or both;
(3) Upon conviction for the third or any subsequent offense committed within 2 years from the date of any such previous offense, be fined not more than $5,000, or imprisoned up to one year, or both.
(d) A person alleged to have violated this section may be issued a citation under § 23-1110(b)(1). The person shall not be eligible to forfeit collateral.
(e) The fines set forth in this section shall not be limited by [§ 22-3571.01].
(Jan. 24, 1934, ch. 4, § 30a; as added May 24, 1994, D.C. Law 10-122, § 2(k), 41 DCR 1658; May 3, 2001, D.C. Law 13-298, § 101, 48 DCR 2959; June 11, 2013, D.C. Law 19-317, § 113(c), 60 DCR 2064; Mar. 22, 2023, D.C. Law 24-332, § 5, 70 DCR 1582.)
Prior Codifications
1981 Ed., § 25-785.
Section References
This section is referenced in § 7-403.
Effect of Amendments
The 2013 amendment by D.C. Law 19-317 added (e).
Emergency Legislation
For temporary (90 days) creation of § 25-786, see § 2(d)(5) of Games of Skill Consumer Protection Emergency Amendment Act of 2020 (D.C. Act 23-229, Feb. 27, 2020, 0 DCR 0).
For temporary (90 days) amendment of this section, see § 113(c) of the Criminal Fine Proportionality Emergency Act of 2013 (D.C. Act 20-45, April 1, 2013, 60 DCR 5400, 20 DCSTAT 1300).
Temporary Legislation
For temporary (225 days) creation of § 25-786, see § 2(d)(5) of Games of Skill Consumer Protection Temporary Amendment Act of 2020 (D.C. Law 23-93, May 6, 2020, 67 DCR 3522).
Editor's Notes
Applicability of D.C. Law 19-317: Section 401 of D.C. Law 19-317 provided that the act shall apply only to offenses committed on or after June 11, 2013.
2023 District of Columbia Code › Title 25 - Alcoholic Beverages. [Enacted title] › Chapter 7 - Standards of Operation › Subchapter IX - Minors and Intoxicated Persons › § 25–786. Game of skill machine operating requirements

§ 25–786. Game of skill machine operating requirements.
A licensee with a game of skill machine endorsement shall:
(1) Not allow or permit a person under 18 years of age to play a game of skill machine and shall designate an employee to regularly monitor the designated area where game of skill machines are played to ensure that no person under 18 years of age is playing or attempting to play a game of skill machine;
(2) Verify that each person playing a game of skill machine is lawfully permitted to do so by checking the person's government-issued identification document upon entry into either the licensed establishment or the designated area where the game of skill machines are located and where the person seeks to cash out his or her winnings, if any; except, that the failure of a licensee to verify a person's identification shall not be a violation of this paragraph if the person whose identification was not checked is 18 years of age or older;
(3) Not allow or permit a person that appears intoxicated or under the influence of a narcotic or other substance to play a game of skill machine;
(4) Not share revenue from the licensee's sale of alcohol with a manufacturer or distributor of a game of skill machine, unless approved by the Board as an owner of the license;
(5) Not allow or permit the placement of a game of skill machine on an outdoor public or private space that has not been approved by the Board;
(6) Not allow or permit the placement of a game of skill machine outside of the designated areas contained on the applicant's diagram provided as part of the license application or outside the areas approved by the Board;
(7) Not have more than 5 game of skill machines on the licensed premises; and
(8) Install security cameras that are operational and record for 30 days, in the areas designated for game of skill machines, near the cash register or terminal where cash winnings of game of skill machines are processed, and where the licensee's money is stored.
(Apr. 27, 2021, D.C. Law 23-280, § 8(d)(4), 68 DCR 001156; Mar. 22, 2023, D.C. Law 24-332, § 5, 70 DCR 1582.)
Emergency Legislation
For temporary (90 days) creation of this section, see § 3(d)(4) of Revised Game of Skill Machines Consumer Protections Congressional Review Emergency Amendment Act of 2021 (D.C. Act 24-16, Feb. 26, 2021, 68 DCR 002559).
For temporary (90 days) creation of this section, see § 3(d)(4) of Revised Game of Skill Machines Consumer Protections Emergency Amendment Act of 2020 (D.C. Act 23-479, Oct. 1, 2020, 67 DCR 13284).
Temporary Legislation
For temporary (225 days) creation of this section, see § 3(d)(4) of Revised Game of Skill Machines Consumer Protections Temporary Amendment Act of 2020 (D.C. Law 23-257, Mar. 16, 2021, 67 DCR 13932).
2023 District of Columbia Code › Title 25 - Alcoholic Beverages. [Enacted title] › Chapter 7 - Standards of Operation › Subchapter XI - Valet Parking › § 25–796. Valet parking. [Repealed]

§ 25–796. Valet parking. [Repealed]
Repealed.
(May 3, 2001, D.C. Law 13-298, § 101, 48 DCR 2959; Mar. 13, 2004, D.C. Law 15-105, § 104(b), 51 DCR 881; Mar. 2, 2007, D.C. Law 16-191, § 48(k), 53 DCR 6794; July 18, 2008, D.C. Law 17-201, § 5(e), 55 DCR 6289; Mar. 22, 2023, D.C. Law 24-332, § 5, 70 DCR 1582.)
2023 District of Columbia Code › Title 25 - Alcoholic Beverages. [Enacted title] › Chapter 7 - Standards of Operation › Subchapter XI-A - Limitation on transfer of responsibility for licensee Security › § 25–797. Limitation on transfer of responsibility for licensee security

§ 25–797. Limitation on transfer of responsibility for licensee security.
(a) The holder of an on-premises retailer's license or a manufacturer's license, class A, B, or C, possessing an on-site sales and consumption permit may rent out or provide the licensed establishment for use by a third party or promoter for a specific event; provided, that the licensee maintains ownership and control of the licensed establishment for the duration of the event, including modes of ingress or egress, and the staff of the establishment, including bar and security staff.
(b) Under no circumstances shall a licensee permit the third party or promoter to be responsible for providing security or maintain control over the establishment’s existing security personnel.
(c) A violation of this section shall constitute a primary tier violation under section 25-830(c)(1).
(July 18, 2008, D.C. Law 17-201, § 5(f), 55 DCR 6289; Oct. 30, 2018, D.C. Law 22-165, § 2(f)(11), 65 DCR 9366; Mar. 22, 2023, D.C. Law 24-332, § 5, 70 DCR 1582.)
2023 District of Columbia Code › Title 25 - Alcoholic Beverages. [Enacted title] › Chapter 8 - Enforcement, Infractions, and Penalties › Subchapter I - Enforcement › § 25–802. Examination of premises, books, and records

§ 25–802. Examination of premises, books, and records.
(a) An applicant for a license, and each licensee, shall allow any member of the Board, any ABCA investigator, or any member of the Metropolitan Police Department full opportunity to examine, at any time during business hours:
(1) The premises where an alcoholic beverage is manufactured, kept, sold, or consumed for which an application for a license has been made or for which a license has been issued; and
(2) The books and records of the business for which an application for a license has been made or for which a license has been issued.
(b) ABCA investigators shall examine the premises and books and records of each licensed establishment in the District at least once each year. The investigators shall make reasonable efforts to ensure that the licensee will know in advance the date of the inspection.
(May 3, 2001, D.C. Law 13-298, § 101, 48 DCR 2959; Mar. 22, 2023, D.C. Law 24-332, § 5, 70 DCR 1582.)
Section References
This section is referenced in § 25-101.
2023 District of Columbia Code › Title 25 - Alcoholic Beverages. [Enacted title] › Chapter 8 - Enforcement, Infractions, and Penalties › Subchapter I - Enforcement › § 25–803. Search warrants for illegal alcoholic beverages; disposition of seized beverages

§ 25–803. Search warrants for illegal alcoholic beverages; disposition of seized beverages.
If a search warrant is issued by any judge of the Superior Court of the District of Columbia or by a United States Magistrate for the District of Columbia for premises where any alcoholic beverages are manufactured for sale, kept for sale, sold, or consumed in violation of this title, the alcoholic beverages and any other property designed for use in connection with the unlawful manufacture for sale, keeping for sale, selling, or consumption may be seized and shall be subject to such disposition as the court may make thereof.
(Jan. 24, 1934, 48 Stat. 334, ch. 4, § 29; Apr. 1, 1942, 56 Stat. 190, ch. 207, § 1; June 29, 1953, 67 Stat. 104, ch. 159, § 404(i); July 8, 1963, 77 Stat. 77, Pub. L. 88-60, § 1; July 29, 1970, 84 Stat. 570, Pub. L. 91-358, title I, § 155(a); May 3, 2001, D.C. Law 13-298, § 101, 48 DCR 2959; Mar. 22, 2023, D.C. Law 24-332, § 5, 70 DCR 1582.)
Prior Codifications
1981 Ed., § 25-803.
1973 Ed., § 25-129.
Section References
This section is referenced in § 25-911.
2023 District of Columbia Code › Title 25 - Alcoholic Beverages. [Enacted title] › Chapter 8 - Enforcement, Infractions, and Penalties › Subchapter I - Enforcement › § 25–804. Notifications from DLCP, Fire Department, and Metropolitan Police Department

§ 25–804. Notifications from DLCP, Fire Department, and Metropolitan Police Department.
(a) In accordance with procedures that the Mayor shall establish, the Department of Licensing and Consumer Protection, the Office of Tax and Revenue, and the Fire and Emergency Medical Services shall promptly notify the Board if a licensed establishment is the subject of a citation, revocation, or other enforcement action for a violation of laws or regulations enforced by these departments.
(b) If a licensed establishment is the subject of an incident report by the Metropolitan Police Department, the Metropolitan Police Department shall file a copy of the incident report with the Board. The Board shall make the report available for public inspection upon request.
(Jan. 24, 1934, 48 Stat. 330, ch. 4, § 17; Aug. 27, 1935, 49 Stat. 900, ch. 756, § 9; Aug. 25, 1937, 50 Stat. 803, ch. 766, § 3; Apr. 26, 1950, 64 Stat. 88, ch. 106; Dec. 8, 1970, 84 Stat. 1393, Pub. L. 91-535, § 3(a); Sept. 29, 1982, D.C. Law 4-157, §§ 9, 15, 29 DCR 3617; Mar. 8, 1984, D.C. Law 5-51, § 2(b)(5), 30 DCR 5927; Mar. 7, 1987, D.C. Law 6-217, § 11, 34 DCR 907; Sept. 11, 1993, D.C. Law 10-12, § 2(b), 40 DCR 4020; May 24, 1994, D.C. Law 10-122, § 2(h), 41 DCR 1658; Apr. 30, 1998, D.C. Law 12-97, § 2, 45 DCR 1517; May 3, 2001, D.C. Law 13-298, § 101, 48 DCR 2959; Feb. 21, 2020, D.C. Law 23-50, § 2(c)(1), 67 DCR 9; Apr. 5, 2021, D.C. Law 23-269, § 501(m)(3), 68 DCR 001490; Mar. 22, 2023, D.C. Law 24-332, § 5, 70 DCR 1582.)
Prior Codifications
1981 Ed., § 25-804.
1973 Ed., § 25-118.
Applicability
Section 7276 of D.C. Law 24-45 repealed the applicability provision of section 601 of D.C. Law 23-269 that impacted this section. Therefore the amendment of this section by Law 23-269 has been implemented.
2023 District of Columbia Code › Title 25 - Alcoholic Beverages. [Enacted title] › Chapter 8 - Enforcement, Infractions, and Penalties › Subchapter I - Enforcement › § 25–805. Nuisance

§ 25–805. Nuisance.
(a) Any building, ground, or premises where an alcoholic beverage is manufactured, sold, kept for sale, or permitted to be consumed in violation of this title shall be a nuisance.
(b) An action to enjoin any nuisance defined in subsection (a) of this section may be brought in the name of the District of Columbia by the Attorney General for the District of Columbia in the Civil Branch of the Superior Court of the District of Columbia against any person conducting or maintaining such nuisance or knowingly permitting such nuisance to be conducted or maintained.
(Jan. 24, 1934, ch. 4, § 41; June 29, 1953, 67 Stat. 104, ch. 159, § 404(j); July 8, 1963, 77 Stat. 77, Pub. L. 88-60, § 1; July 29, 1970, 84 Stat. 570, Pub. L. 91-358, title I, § 155(a); May 3, 2001, D.C. Law 13-298, § 101, 48 DCR 2959; Feb. 21, 2020, D.C. Law 23-52, § 2(f)(2), 67 DCR 21; Mar. 22, 2023, D.C. Law 24-332, § 5, 70 DCR 1582.)
Prior Codifications
1981 Ed., § 25-805.
1973 Ed., § 25-139.
2023 District of Columbia Code › Title 25 - Alcoholic Beverages. [Enacted title] › Chapter 8 - Enforcement, Infractions, and Penalties › Subchapter II - Revocation, Suspension, and Civil Penalties › § 25–821. Revocation or suspension — General provisions

§ 25–821. Revocation or suspension — General provisions.
(a) Except as provided in § 25-826, the Board shall not revoke or suspend a license until the licensee has been given an opportunity to be heard in his or her defense.
(b) If a license is revoked or suspended, no part of the license fee shall be returned.
(c) If the Board revokes a license, no license shall be issued to the same person or persons whose license is so revoked for any other location for 5 years following the revocation, except as provided below.
(d) If the Board revokes a manager’s license, a manager’s license shall not be issued to the same person for 2 years.
(e) Subsection (c) of this section shall not apply to licenses revoked by the Board for procedural reasons.
(f) The remaining alcoholic beverage stock of a licensee whose license has been revoked shall be disposed of only with the approval of the Board.
(Jan. 24, 1934, 48 Stat. 330, ch. 4, § 17; Aug. 27, 1935, 49 Stat. 900, ch. 756, § 9; Aug. 25, 1937, 50 Stat. 803, ch. 766, § 3; Apr. 26, 1950, 64 Stat. 88, ch. 106; Dec. 8, 1970, 84 Stat. 1393, Pub. L. 91-535, § 3(a); Sept. 29, 1982, D.C. Law 4-157, §§ 9, 15, 29 DCR 3617; Mar. 8, 1984, D.C. Law 5-51, § 2(b)(5), 30 DCR 5927; Mar. 7, 1987, D.C. Law 6-217, § 11, 34 DCR 907; Sept. 11, 1993, D.C. Law 10-12, § 2(b), 40 DCR 4020; May 24, 1994, D.C. Law 10-122, § 2(h), 41 DCR 1658; Apr. 30, 1998, D.C. Law 12-97, § 2, 45 DCR 1517; May 3, 2001, D.C. Law 13-298, § 101, 48 DCR 2959; Mar. 22, 2023, D.C. Law 24-332, § 5, 70 DCR 1582.)
Prior Codifications
1981 Ed., § 25-821.
1973 Ed., § 25-118.
Emergency Legislation
For temporary amendment of section, see § 2(b) of the Underage Drinking Emergency Amendment Act of 1994 (D.C. Act 10-236, April 28, 1994, 41 DCR 2601).
Delegation of Authority
Delegation of Authority—Office of the Secretary, see Mayor’s Order 97-87, May 6, 1997 ( 44 DCR 2958).
2023 District of Columbia Code › Title 25 - Alcoholic Beverages. [Enacted title] › Chapter 8 - Enforcement, Infractions, and Penalties › Subchapter II - Revocation, Suspension, and Civil Penalties › § 25–822. Mandatory revocation

§ 25–822. Mandatory revocation.
(a) The Board shall revoke the license of a licensee as a result of any of the following events during the period for which the license was issued:
(1) The licensee has been convicted of multiple violations of the terms of this title or the regulations issued under this title and the penalties set forth in Chapter 8 or established by the Board require revocation;
(2) The licensee has knowingly permitted, in the licensed establishment (A) the illegal sale, or negotiations for sale, or the use, of any controlled substance identified in the CSA, or (B) the possession, other than for personal use, or sale, or negotiations for sale, of drug paraphernalia in violation of the CSA or Chapter 11 of Title 48. Successive sales, or negotiations for sale, over a continuous period of time shall be deemed evidence of knowing permission;
(3) The licensee has been convicted of a felony; or
(4) The licensee has been convicted of assaulting an ABCA investigator or a member of the Metropolitan Police Department during the commission of an ABCA investigation.
(b) For the purposes of this section, the term "personal use" means the possession of drug paraphernalia in circumstances where there is no evidence of an intent to distribute or manufacture a controlled substance.
(Jan. 24, 1934, 48 Stat. 330, ch. 4, § 17; Aug. 27, 1935, 49 Stat. 900, ch. 756, § 9; Aug. 25, 1937, 50 Stat. 803, ch. 766, § 3; Apr. 26, 1950, 64 Stat. 88, ch. 106; Dec. 8, 1970, 84 Stat. 1393, Pub. L. 91-535, § 3(a); Sept. 29, 1982, D.C. Law 4-157, §§ 9, 15, 29 DCR 3617; Mar. 8, 1984, D.C. Law 5-51, § 2(b)(5), 30 DCR 5927; Mar. 7, 1987, D.C. Law 6-217, § 11, 34 DCR 907; Sept. 11, 1993, D.C. Law 10-12, § 2(b), 40 DCR 4020; May 24, 1994, D.C. Law 10-122, § 2(h), 41 DCR 1658; Apr. 30, 1998, D.C. Law 12-97, § 2, 45 DCR 1517; May 3, 2001, D.C. Law 13-298, § 101, 48 DCR 2959; Apr. 11, 2019, D.C. Law 22-288, § 201(b), 66 DCR 1656; June 30, 2022, D.C. Law 24-127, § 2(g)(2), 69 DCR 005071; Mar. 22, 2023, D.C. Law 24-332, § 5, 70 DCR 1582.)
Prior Codifications
1981 Ed., § 25-822.
1973 Ed., § 25-118.
Emergency Legislation
For temporary (90 days) repeal of applicability provision of D.C. Law 22-288, see § 7168 of Fiscal Year 2020 Budget Support Congressional Review Emergency Act of 2019 (D.C. Act 23-112, Sept. 4, 2019, 66 DCR 11964).
For temporary (90 days) repeal of applicability provision of D.C. Law 22-288, see § 7168 of Fiscal Year 2020 Budget Support Emergency Act of 2019 (D.C. Act 23-91, July 22, 2019, 66 DCR 8497).
2023 District of Columbia Code › Title 25 - Alcoholic Beverages. [Enacted title] › Chapter 8 - Enforcement, Infractions, and Penalties › Subchapter II - Revocation, Suspension, and Civil Penalties › § 25–824. Revocation when wholesale or retail licensee is subject to undue influence by manufacturer

§ 25–824. Revocation when wholesale or retail licensee is subject to undue influence by manufacturer.
(a) If a manufacturer of alcoholic beverages, whether licensed by this title or not, shall have such a substantial interest, whether direct or indirect, in the business of a wholesale or retail licensee or in the premises on which the licensee’s business is conducted as, in the judgment of the Board, may tend to influence the licensee to purchase alcoholic beverages from the manufacturer, the Board may revoke the license of the licensee.
(b) This section shall not apply to the wholesale license held by a person not licensed as a manufacturer in the District owning an establishment for the manufacture of alcoholic beverages outside of the District.
(Jan. 24, 1934, 48 Stat. 330, ch. 4, § 18; Aug. 27, 1935, 49 Stat. 902, ch. 756, § 15; Sept. 29, 1982, D.C. Law 4-157, §§ 10, 15, 29 DCR 3617; Mar. 8, 1984, D.C. Law 5-51, § 2(b)(6), 30 DCR 5927; May 3, 2001, D.C. Law 13-298, § 101, 48 DCR 2959; Mar. 22, 2023, D.C. Law 24-332, § 5, 70 DCR 1582.)
Prior Codifications
1981 Ed., § 25-824.
1973 Ed., § 25-119.
2023 District of Columbia Code › Title 25 - Alcoholic Beverages. [Enacted title] › Chapter 8 - Enforcement, Infractions, and Penalties › Subchapter II - Revocation, Suspension, and Civil Penalties › § 25–825. Revocation when retail licensee is subject to undue interest by wholesaler

§ 25–825. Revocation when retail licensee is subject to undue interest by wholesaler.
If a wholesaler of alcoholic beverages, whether licensed under this title or not, shall have such a substantial interest, whether direct or indirect, in the business of any retail licensee or in the premises on which the licensee’s business is conducted as may tend to influence the licensee to purchase beverages from the wholesaler, the Board may revoke the license of the licensee.
(Jan. 24, 1934, 48 Stat. 331, ch. 4, § 19; Aug. 27, 1935, 49 Stat. 903, ch. 756, § 16; Sept. 29, 1982, D.C. Law 4-157, §§ 11, 15, 29 DCR 3617; Mar. 8, 1984, D.C. Law 5-51, § 2(b)(7), 30 DCR 5927; May 3, 2001, D.C. Law 13-298, § 101, 48 DCR 2959; Mar. 22, 2023, D.C. Law 24-332, § 5, 70 DCR 1582.)
Prior Codifications
1981 Ed., § 25-825.
1973 Ed., § 25-120.
2023 District of Columbia Code › Title 25 - Alcoholic Beverages. [Enacted title] › Chapter 8 - Enforcement, Infractions, and Penalties › Subchapter II - Revocation, Suspension, and Civil Penalties › § 25–825.01. Cancellation when licensee has been evicted from the licensed premises

§ 25–825.01. Cancellation when licensee has been evicted from the licensed premises.
(a) If the Board, after an investigation, but before a hearing, has cause to believe that a licensee has been evicted from the premises or has otherwise vacated the premises and an application for safekeeping or transfer to a new location or person has not been submitted, the Board shall issue an order cancelling the license after providing the licensee with written notice and 30 days to submit a written request to the Board to hold a hearing.
(b) The order shall be served on the licensee in person, by certified mail, or by e-mail at an e-mail address in ABCA's records.
(Feb. 21, 2020, D.C. Law 23-50, § 2(c)(4), 67 DCR 9; July 12, 2022, D.C. Law 24-147, § 120, 69 DCR 003386; Mar. 22, 2023, D.C. Law 24-332, § 5, 70 DCR 1582.)
2023 District of Columbia Code › Title 25 - Alcoholic Beverages. [Enacted title] › Chapter 8 - Enforcement, Infractions, and Penalties › Subchapter II - Revocation, Suspension, and Civil Penalties › § 25–828. Notice of suspension or revocation

§ 25–828. Notice of suspension or revocation.
(a) If the Board orders the suspension or revocation of a license, the Board shall post 2 notices in conspicuous places at or near the main street entrance of the outside of the establishment.
(b) The posted notice shall state that the license has been suspended, the period of the suspension, and that the suspension is ordered because of a violation of this title or of the regulations promulgated under this title.
(c) Any person willfully removing, obliterating, or defacing the notice shall be guilty of a violation of this chapter.
(May 3, 2001, D.C. Law 13-298, § 101, 48 DCR 2959; Sept. 30, 2004, D.C. Law 15-187, § 101(ff), 51 DCR 6525; Apr. 7, 2017, D.C. Law 21-260, § 2(g)(2), 64 DCR 2079; Mar. 22, 2023, D.C. Law 24-332, § 5, 70 DCR 1582.)
Effect of Amendments
D.C. Law 15-187 added subsec. (c).
2023 District of Columbia Code › Title 25 - Alcoholic Beverages. [Enacted title] › Chapter 8 - Enforcement, Infractions, and Penalties › Subchapter II - Revocation, Suspension, and Civil Penalties › § 25–829. Cease and desist orders

§ 25–829. Cease and desist orders.
(a) If the Board or the Mayor, after investigation but before a hearing, has cause to believe that a person is violating any provision of this title and the violation has caused, or may cause, immediate and irreparable harm to the public, the Board or the Mayor may issue an order requiring the alleged violator to cease and desist immediately from the violation. The order shall be served by certified mail or delivery in person.
(b)(1) The alleged violator may, within 15 days after the service of the order, submit a written request to the Board to hold a hearing on the alleged violation.
(2) Upon receipt of a timely request, the Board shall conduct a hearing in accordance with the procedures set forth in subchapter I of Chapter 5 of Title 2 and issue a decision within 90 days after the hearing.
(c)(1) The alleged violator may, within 10 days after the service of an order, submit a written request to the Board for an expedited hearing on the alleged violation.
(2) Upon receipt of a timely request for an expedited hearing, the Board shall conduct a hearing within 10 days after the date of receiving the request and shall deliver to the alleged violator at his or her last known address a written notice of the hearing by any means guaranteed to be received at least 5 days before the hearing date.
(3) The Board shall issue a decision within 30 days after an expedited hearing.
(d) If a request for a hearing is not made under subsections (b) and (c) of this section, the order of the Board or the Mayor shall be final.
(e) If, after a hearing, the Board determines that the alleged violator is not in violation of this title, the Board shall revoke the order.
(f) If a person fails to comply with a lawful order of the Board or the Mayor under this section, the Board may petition the Superior Court of the District of Columbia for an order compelling compliance or take any other action authorized by this subchapter.
(May 3, 2001, D.C. Law 13-298, § 101, 48 DCR 2959; Mar. 22, 2023, D.C. Law 24-332, § 5, 70 DCR 1582.)
2023 District of Columbia Code › Title 25 - Alcoholic Beverages. [Enacted title] › Chapter 8 - Enforcement, Infractions, and Penalties › Subchapter II - Revocation, Suspension, and Civil Penalties › § 25–831. Penalty for violation where no specific penalty provided; additional penalty for failure to perform certain required acts

§ 25–831. Penalty for violation where no specific penalty provided; additional penalty for failure to perform certain required acts.
(a) A person who violates any of the provisions of this title, or regulations under this title, for which no specific penalty is provided shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not more than the amount set forth in [§ 22-3571.01], or imprisoned for not more than one year, or both.
(b) Any person required to file a return or report or perform any act under the provisions of this title who wilfully fails or refuses to file the return or report or perform the act within the time required shall be guilty of a misdemeanor and, upon conviction, shall be fined not more than the amount set forth in [§ 22-3571.01], or imprisoned for not more than 3 years, or both. The penalty provided herein shall be in addition to other penalties provided by this title.
(c) Violations of this section which are misdemeanors shall be prosecuted on information filed in the Superior Court of the District of Columbia by the Attorney General for the District of Columbia. Violations of this subsection which are felonies shall be prosecuted by the United States Attorney for the District of Columbia.
(d) A civil fine may be imposed as an alternative sanction for any violation of this title for which no specific penalty is provided, or any rules or regulations issued under the authority of this title, under Chapter 18 of Title 2. Adjudication of an infraction of this chapter shall be under Chapter 18 of Title 2.
(Jan. 24, 1934, 48 Stat. 336, ch. 4, § 33; Apr. 1, 1942, 56 Stat. 190, ch. 207, § 1; July 8, 1963, 77 Stat. 77, Pub. L. 88-60, § 1; July 29, 1970, 84 Stat. 570, Pub. L. 91-358, title I, § 155(a); July 24, 1982, D.C. Law 4-131, § 301, 29 DCR 2418; Sept. 26, 1984, D.C. Law 5-106, § 3, 31 DCR 3381; Oct. 5, 1985, D.C. Law 6-42, § 455(b), 32 DCR 4450; May 3, 2001, D.C. Law 13-298, § 101, 48 DCR 2959; June 11, 2013, D.C. Law 19-317, § 284(c), 60 DCR 2064; Feb. 21, 2020, D.C. Law 23-52, § 2(f)(3), 67 DCR 21; Mar. 22, 2023, D.C. Law 24-332, § 5, 70 DCR 1582.)
Prior Codifications
1981 Ed., § 25-831.
1973 Ed., § 25-132.
Effect of Amendments
The 2013 amendment by D.C. Law 19-317 substituted “not more than the amount set forth in [§ 22-3571.01]” for “not more than $1,000” in (a), and for “not more than $5,000” in (b).
Emergency Legislation
For temporary (90 days) amendment of this section, see § 284(c) of the Criminal Fine Proportionality Emergency Act of 2013 (D.C. Act 20-45, April 1, 2013, 60 DCR 5400, 20 DCSTAT 1300).
Editor's Notes
Applicability of D.C. Law 19-317: Section 401 of D.C. Law 19-317 provided that the act shall apply only to offenses committed on or after June 11, 2013.
2023 District of Columbia Code › Title 25 - Alcoholic Beverages. [Enacted title] › Chapter 8 - Enforcement, Infractions, and Penalties › Subchapter II - Revocation, Suspension, and Civil Penalties › § 25–832. Prompt notice of investigative reports

§ 25–832. Prompt notice of investigative reports.
(a) ABCA shall provide a licensee with either an investigative report or a public police incident report that may result in a show cause hearing as set forth in § 25-447 within 90 days of the date upon which the incident occurred.
(b) The requirement in subsection (a) of this section shall not apply where:
(1) Criminal action is being considered against the licensee or its employees; or
(2) Enforcement action is requested by the Chief of Police under § 25-827.
(Mar. 25, 2009, D.C. Law 17-361, § 2(d)(4), 56 DCR 1204; Sept. 26, 2012, D.C. Law 19-171, § 81(c), 59 DCR 6190; Mar. 22, 2023, D.C. Law 24-332, § 5, 70 DCR 1582.)
Section References
This section is referenced in § 25-725.
Effect of Amendments
The 2012 amendment by D.C. Law 19-171 added a colon at the end of the introductory language of (b).