2023 District of Columbia Code › Title 25 - Alcoholic Beverages. [Enacted title] › Chapter 2 - Alcoholic Beverage and Cannabis Administration › § 25–211. Regulations

§ 25–211. Regulations.
(a)(1) Within 180 days after May 3, 2001, the Mayor shall issue conforming regulations necessary or appropriate to carry out the provisions of this title.
(2) The Mayor shall submit the proposed regulations to the Council for a 45-day period of review. The Council may approve the proposed regulations in whole or in part. If the Council has not approved the regulations upon expiration of the 45-day review period, the regulations shall be deemed disapproved.
(3) The current regulations in Chapter 23 of the District of Columbia Municipal Regulations shall remain in effect until the Council approves new regulations as provided in this subsection.
(b)(1) The Mayor shall submit other proposed regulations to the Council for a 90-day period of review, excluding days of Council recess.
(2) The Council may approve the proposed regulations in whole or in part. If the Council has not approved the regulations upon expiration of the 90-day review period, the regulations shall be deemed disapproved; except, that upon the expiration of the 90-day review period, regulations issued pursuant to § 25-351 shall be deemed approved.
(3) The Mayor may submit proposed regulations under this subsection regarding the regulation of promotional events such as pub crawls.
(c) The Mayor may in any time of public emergency, without previous notice or advertisement, prohibit the sale of any or all alcoholic beverages.
(d) Any regulations promulgated under this section shall become effective 5 days after being published in the District of Columbia Register.
(e) Within 180 days after May 3, 2001, the Board shall implement a process to provide additional notification, via electronic media, to the public and Advisory Neighborhood Commissions of the publication of proposed and adopted regulations.
(f) The Board shall establish, under subsection (b) of this section, procedures to implement § 25-601 to:
(1) Receive written complaints from the public, regarding community concerns about the activity at a site;
(2) Conduct protest hearings regarding community concerns filed under paragraph (1) of this subsection; and
(3) Place restrictions upon the number, nature, or size of events permitted at a site, based on findings of fact and conclusions of law determining that events at the site have violated District of Columbia law and created parking, trash, noise, congestion or other alcohol-related problems which have been substantially injurious to neighborhood residents.
(Jan. 24, 1934, 48 Stat. 322, ch. 4, § 7; June 29, 1953, 67 Stat. 102, ch. 159,§ 404(a); Oct. 4, 1961, 75 Stat. 820, Pub. L. 87-389, § 3; Aug. 2, 1968, 82 Stat. 616, Pub. L. 90-450, title IV, § 403; Sept. 22, 1970, 84 Stat. 853, Pub. L. 91-405, title II, § 204(f); Jan. 5, 1971, 84 Stat. 1940, Pub. L. 91-650, title VII, § 706; Mar. 5, 1981, D.C. Law 3-157, § 2(a), 27 DCR 5117; July 24, 1982, D.C. Law 4-131, § 501, 29 DCR 2418; Sept. 29, 1982, D.C. Law 4-157, §§ 4, 15, 29 DCR 3617; Mar. 8, 1984, D.C. Law 5-51, § 2(b)(3), 30 DCR 5927; Feb. 24, 1987, D.C. Law 6-192, § 26(a), 33 DCR 7836; Mar. 7, 1987, D.C. Law 6-217, § 4, 34 DCR 907; May 3, 2001, D.C. Law 13-298, § 101, 48 DCR 2959; Oct. 26, 2001, D.C. Law 14-42, § 6(b), 48 DCR 7612; Mar. 13, 2004, D.C. Law 15-105, § 26(b)(1), 51 DCR 881; Sept. 30, 2004, D.C. Law 15-187, § 101(g), 51 DCR 6525; Mar. 9, 2016, D.C. Law 21-84, § 2(b), 63 DCR 781; Apr. 7, 2017, D.C. Law 21-260, § 2(b), 64 DCR 2079; Mar. 22, 2023, D.C. Law 24-332, § 5, 70 DCR 1582.)
Prior Codifications
1981 Ed., § 25-211.
1973 Ed., § 25-107.
Section References
This section is referenced in § 25-113, § 25-402, § 25-403, § 25-431, § 25-433, § 25-502, § 25-506, and § 25-830.
Effect of Amendments
D.C. Law 14-42 validated the previously made technical corrections in § 25-211.
D.C. Law 15-105 validated a previously made technical correction.
D.C. Law 15-187, in subsec. (b), substituted “90-day period of review” for “45-day period of review” in par. (1), and substituted “90-day review period, the regulations shall be deemed disapproved” for “45-day review period, the regulations shall be deemed approved” in par. (2).
The 2016 amendment by D.C. Law 21-84 added the exception in (b)(2).
Emergency Legislation
For temporary (90 day) amendment of section, see § 6(b) of Technical Amendments Emergency Act of 2001 (D.C. Act 14-108, August 3, 2001, 48 DCR 7622).
For temporary addition of a section designated as § 25-212, concerning a new licensee and general public orientation class, see § 2(h) of the Omnibus Alcoholic Beverage Regulation Emergency Amendment Act of 2012 (D.C. Act 19-597, January 14, 2013, 60 DCR 1001).
Editor's Notes
Brew-Pub Zone Expansion Resolution of 1997: Proposed Resolution 12-0114, the “Brew-Pub Zone Expansion Resolution of 1997” was deemed approved, effective Feb. 5, 1997.
Delegation of Authority
Delegation of authority, see Mayor’s Order 88-42, February 16, 1988.
Delegation of Authority Pursuant to D.C. Law 13-298, the Title 25, D.C. Code Enactment and Related Amendments Act of 2001, see Mayor’s Order 2001-96, June 28, 2001 ( 48 DCR 6277).
Resolutions
Resolution 15-339, the “Revised Alcoholic Beverage Regulations Approval and Disapproval Resolution of 2003”, was approved effective December 2, 2003.
Resolution 16-292, East Dupont Circle Liquor License Moratorium Approval Resolution of 2005“, was approved effective September 20, 2005.
Resolution 16-350, the “West Dupont Circle Liquor License Moratorium Rulemaking Approval Resolution of 2005”, was approved effective November 1, 2005.
Resolution 17-266, the “Adams Morgan Liquor License Moratorium Amendment Approval Resolution of 2007”, was approved effective July 10, 2007.
Resolution 17-336, the “H Street Moratorium Emergency Approval Resolution of 2007”, was approved effective July 10, 2007.
Resolution 17-516, the “Administrative Review Process Approval Resolution of 2008”, was approved effective February 5, 2008.
Resolution 17-910, the “Glover Park Liquor License Moratorium Approval Resolution of 2008”, was approved effective December 16, 2008.