2023 District of Columbia Code › Title 25 - Alcoholic Beverages. [Enacted title] › Chapter 2 - Alcoholic Beverage and Cannabis Administration › § 25–210. ABCA funding

§ 25–210. ABCA funding.
(a) There is established a fund designated as the Alcoholic Beverage and Cannabis Administration Fund, which shall be separate from the General Fund of the District of Columbia. All funds obtained from alcoholic beverage licensing and permitting fees shall be deposited into the ABCA Fund without regard to fiscal year limitation pursuant to an act of Congress. All fees deposited into the ABCA Fund shall not revert to the General Fund of the District of Columbia at the end of any fiscal year or at any other time, but shall be continually available for the uses and purposes set forth in this subsection, subject to authorization by Congress in an appropriations act. The funds deposited in the ABCA Account shall be used to fund the expenses of ABCA in the discharge of its administrative and regulatory duties. Funds obtained from penalties and fines, as prescribed by Chapter 8 of this title, shall be credited to the General Fund of the District of Columbia.
(b) The Mayor shall submit to the Council, as part of the annual budget, a budget for ABCA and a request for an appropriation for expenditures from the ABCA Fund. This estimate shall include expenditures for salaries, fringe benefits, overhead charges, training, supplies, technical, professional, and any and all other services necessary to discharge the duties and responsibilities of ABCA.
(May 3, 2001, D.C. Law 13-298, § 101, 48 DCR 2959; Oct. 3, 2001, D.C. Law 14-28, § 3002(b), 48 DCR 6981; Mar. 13, 2004, D.C. Law 15-105, § 59, 51 DCR 881; Mar. 22, 2023, D.C. Law 24-332, § 5, 70 DCR 1582.)
Section References
This section is referenced in § 25-101.
Effect of Amendments
D.C. Law 14-28 substituted “ABRA Fund” for “ABRA Account” in subsec. (b); and rewrote subsec. (a) which had read as follows: “(a) There is established within the General Fund of the District of Columbia an account designated as the Alcoholic Beverage Regulation Administration Account, to which all funds obtained from alcoholic beverage taxes and licensing and permitting fees shall be credited. Any monies deposited in the ABRA Account but not expended in a fiscal year shall be returned to the General Fund. Subject to the applicable laws relating to the appropriation of District funds, monies received and credited to the ABRA Account shall be used to fund the expenses of ABRA in the discharge of its administrative and regulatory duties. Funds obtained from penalties and fines, as prescribed by Chapter 8, shall be credited to the General Fund.”
D.C. Law 15-105, in subsec. (a), validated a previously made technical correction.
Emergency Legislation
For temporary (90 day) amendment of section, see §§ 2702(b) and 2703 of Fiscal Year 2002 Budget Support Emergency Act of 2001 (D.C. Act 14-124, August 3, 2001, 48 DCR 7861).
Editor's Notes
D.C. Law 14-28, § 3003 provided: “This title Title XXX of Law 14-28 shall apply as of May 3, 2001.”
Section 9026 of D.C. Law 19-21 provided: “Sec. 9026. ABC—Keg Registration Fees. “Notwithstanding any other law, the funds which are deposited in the fund designated for accounting purposes by the Office of the Chief Financial Officer as fund 6018 within the Alcoholic Beverage Regulation Administration shall be deposited in the Alcoholic Beverage Regulation Administration Fund, established by D.C. Official Code § 25-210(a), and shall not be accounted for by a separate fund or account. Any unexpended funds in fund 6018 on the effective date of this subtitle shall be transferred to the Alcoholic Beverage Regulation Administration Fund.”