2023 District of Columbia Code › Title 25 - Alcoholic Beverages. [Enacted title] › Chapter 1 - General Provisions and Classification of Licenses › Subchapter II - Classification of Licenses and Permits › § 25–112. Off-premises retailer’s licenses

§ 25–112. Off-premises retailer’s licenses.
(a) An off-premises retailer’s license shall authorize the licensee to sell alcoholic beverages from the place described and to deliver the same in the barrel, keg, sealed bottle, or other closed container in which the same was received by the licensee, including the sale of growlers by the holder of an off-premise retailer licensee, Class A or B notwithstanding any other provision or restrictions of this title.
(a-1)(1) An off-premises retailer's licensee, class A or B, may also sell beer or wine in crowlers unless prohibited by one of the single sale moratoria contained in subchapter IV of Chapter 3.
(2)(A) The Board shall promulgate rules within 45 days of [January 14, 2013], to provide a definition of “full-service grocery store” as used in this title.
(B) Notwithstanding subchapter III of Chapter 3 of this title, the Board shall not issue any new full-service grocery store, off-premises retailer’s class B licenses for 45 days from [January 14, 2013] or until the rulemaking required by this paragraph has been promulgated and approved by the Council, whichever date is sooner.
(C) Upon approval by the Council of the regulations promulgated by the Board pursuant to this paragraph, the Council shall incorporate the definition of “full-service grocery store” into § 25-101.
(b) The barrel, keg, sealed bottle, or other closed container shall not be opened, except for the sale of growlers or crowlers, or the contents consumed, at the licensed establishment.
(c) The license shall not authorize the licensee to sell to other licensees for resale; provided, that the licensee under an off-premises retailer’s license, class A, may sell to:
(1) Caterers licensed under § 25-113(i);
(2) [Expired];
(2A) Licensees under a temporary license or an on-premises retailer’s license, class C or D, if the alcoholic beverages were purchased by the off-premises retailer from a licensee under a wholesaler license or brought into the District under a validly issued import permit; provided, that the sales to an on-premises retailer’s class C and D license, may be made only on a Saturday, Sunday, or holiday during the hours when licensees under a wholesaler’s license are closed; provided further, that an on-premises retailer’s licensee shall maintain on the licensed premises for 3 years either a receipt or invoice containing:
(A) The date of the purchase;
(B) The quantity and brand name of the alcoholic beverages purchased; and
(C) The name of the on-premises licensee to which the sale was made; and
(3) If the licensee that is a member of a pool buying group, to other members of the same pool buying group any alcoholic beverages if:
(A) A pool member other than the buying agent transfers to another pool member any portion of the alcoholic beverages ordered by the transferee retailer as part of the single transaction pool purchase;
(B) A transfer pursuant to this section is made within 7 days of the pool delivery without any cost or charge whatsoever being made against the transferee retailer;
(C) The acquisition of alcoholic beverage products is recorded in an invoice maintained by both participating retailers for 3 years and includes:
(i) Business name, address, and license number of each licensee;
(ii) Names, sizes, and quantities of the products transferred;
(iii) Date that the delivery of products was received;
(iv) Date that the physical transfer of products was made;
(v) Unique identifier that links the record with a specific pool order; and
(vi) The resale certificate number of the licensee acquiring the products for resale.
(d)(1) There shall be 4 classes of off-premises retailer's licenses:
(A) A retailer's license, class A, shall authorize a licensee to sell spirits, beer, and wine.
(B) A retailer's license, class B, shall authorize a licensee to sell beer and wine.
(C) A retailer's license, class AI, shall authorize a licensee that only operates as an Internet retailer and does not have a physical location open to the public to sell spirits, beer, and wine.
(D) A retailer's license, class BI, shall authorize a licensee that only operates as an Internet retailer and does not have a physical location open to the public to sell beer and wine.
(2) At the next class A retailer's license renewal, the Board shall convert an existing Internet off-premises retailer that does not have a physical location open to the public to one of the 2 new Internet retailer license categories, as described in paragraph 1(C) and (D) of this subsection.
(d-1) Notwithstanding any other provision or restriction in this title, the holder of a class B retailer's license located inside of a hotel with no public access to the street or the outside of the hotel's building may sell single containers of beer, malt liquor, or ale, excluding miniatures, in sizes of 70 ounces or less.
(e) The licensee under an off-premises retailer’s license, class B, who qualifies for the license as a result of the application of § 25-303(c), § 25-331(d), § 25-332(c), or § 25-333(c), shall:
(1) File with the Board, within 60 days after the end of each year, a statement of expenditures and receipts by the licensed establishment containing the following:
(A) The total amount of receipts for the sale of alcoholic beverages, indicating the amount received for the sale of alcoholic beverages, the amount received for the sale of food, and the percentage of the total amount of receipts represented by each amount;
(B) A statement indicating the method used to compute the amounts and percentages; and
(C) An affidavit, executed by the individual licensee, partner of an applicant partnership, or the appropriate officer of an applicant corporation or limited liability company, attesting to the truth of the annual statement.
(2) The annual accounting period, for the purposes of the annual report, shall correspond to each of the 3 years for which a license is issued.
(3) The making of a false statement on an annual statement shall constitute grounds on which the Board may deny the renewal of a license, or subsequently revoke the license, if the renewal of the license is based in whole or in part on the contents of the false statement.
(f) A holder of an off-premises retailer's license, class A or B, that has security cameras installed on the licensed premises, whether at the direction of the Board or in accordance with the establishment's security plan or settlement agreement, shall:
(1) Ensure the cameras utilized by the establishment are operational;
(2) Maintain any footage of a crime of violence or a crime involving a gun for a minimum of 30 days;
(3) Make the security footage available within 48 hours upon the request of an ABCA investigator or any member of the Metropolitan Police Department; and
(4) Ensure that the establishment and security cameras meet such other technological and operational standards, such as resolution, frame per second, storage, retention, and image quality standards, that the Board may establish by regulation.
(g)(1) A licensee of an off-premises retailer's license, class A or B, may file for a one-day substantial change permit, as defined by regulation, with the Board seeking permission to allow for the on-premises consumption of alcoholic beverages as part of a specific event.
(2) Subject to paragraph (3) of this subsection, the Board, in its discretion, may grant the one-day substantial change request unless it determines that the activities sought by the licensee are otherwise prohibited by its license or a Board-approved settlement agreement.
(3) The Board shall not grant a one-day substantial change permit request made pursuant to this subsection to a licensee more than 6 times in a calendar year.
(h)(1) A retailer with commercial street frontage at the Walter E. Washington Convention Center that sells food and is approved by the Washington Convention and Sports Authority to sell alcoholic beverages for on-premises consumption ("Convention Center food and alcohol business") that registers as a Convention Center food and alcohol business with the Board and receives written authorization from ABCA may sell beer, wine, or spirits in closed containers to individuals for carry out and may deliver beer, wine, or spirits in closed containers to consumers in the District, pursuant to §§ 25-113(a)(3)(C) and 25-113.01(g); provided, that such carry out and delivery orders are accompanied by one or more prepared food items.
(2) Board approval shall not be required for a registration under this subsection that occurs before April 1, 2021.
(3) After March 31, 2021, a Convention Center food and alcohol business that does not hold a valid registration under this subparagraph shall be required to obtain a carry out and delivery license as set forth in § 25-113.01(g) to sell beer, wine, or spirits in closed containers to customers to carry out and to sell and deliver to the homes of District residents beer, wine, or spirits in closed containers for delivery .
(4) A Convention Center food and alcohol business that has been authorized to offer alcoholic beverages for carry out and delivery in accordance with paragraph (1) of this subsection may only offer alcoholic beverages for carry out and delivery between the hours of 6:00 a.m. and 1:00 a.m., 7 days a week.
(i)(1) An applicant for a grocery store that is newly constructed with a certificate of occupancy issued after January 1, 2021, that meets the requirements of § 25-333(f) shall be permitted to apply for one 25% grocery store class A retailer license in Ward 7, Ward 8, Ward 5 if located in a Qualified Supermarket Tax Incentive Area, as defined in § 47-3801, or Ward 6 if located in an area bounded by a line beginning at the intersection of 1st Street, S.W., and M Street, S.W., continuing east along M Street, S.W., to South Capitol Street, S.W., then continuing south along South Capitol Street, S.W., to the Anacostia River, then continuing along the northern bank of the Anacostia River to 2nd Street, S.W., then continuing north along 2nd Street, S.W., to the intersection of 2nd Street, S.W., and Canal Street, S.W., then continuing northeast along Canal Street, S.W., to the intersection of Canal Street, S.W., and N Street, S.W., then continuing east along N Street, S.W., to the intersection of N Street, S.W., and 1st Street, S.W., then continuing north along 1st Street, S.W., to the intersection of 1st Street, S.W., and M Street, S.W.. After 12 months of operation in Ward 7, Ward 8, Ward 5 if located in a Qualified Supermarket Tax Incentive Area, as defined in § 47-3801, or Ward 6 if located in an area bounded by a line beginning at the intersection of 1st Street, S.W., and M Street, S.W., continuing east along M Street, S.W., to South Capitol Street, S.W., then continuing south along South Capitol Street, S.W., to the Anacostia River, then continuing along the northern bank of the Anacostia River to 2nd Street, S.W., then continuing north along 2nd Street, S.W., to the intersection of 2nd Street, S.W., and Canal Street, S.W., then continuing northeast along Canal Street, S.W., to the intersection of Canal Street, S.W., and N Street, S.W., then continuing east along N Street, S.W., to the intersection of N Street, S.W., and 1st Street, S.W., then continuing north along 1st Street, S.W., to the intersection of 1st Street, S.W., and M Street, S.W., the holder of a 25% grocery store class A retailer license shall be permitted to apply for one additional 25% grocery store class A retailer license for a grocery store that is newly constructed with a certificate of occupancy issued after January 1, 2021, that meets the requirements of § 25-333(f) at a location in Wards 1 through 6.
(2) For the purposes of this subsection, the election ward boundaries in effect from January 1, 2012, through December 31, 2021, apply to each ward referenced in this subsection.
(Jan. 24, 1934, 48 Stat. 324, ch. 4, § 11; Apr. 30, 1934, 48 Stat. 654, ch. 181, § 1; June 18, 1934, 48 Stat. 997, ch. 588; July 2, 1935, 49 Stat. 444, ch. 359; Aug. 27, 1935, 49 Stat. 898, 899, ch. 756, §§ 3-7; June 15, 1938, 52 Stat. 691, ch. 396, §§ 1, 2; May 27, 1949, 63 Stat. 133, ch. 146, title V, § 501; June 29, 1953, 67 Stat. 103, ch. 159, § 404(d); May 31, 1962, 76 Stat. 89, Pub. L. 87-470, § 1; Dec. 8, 1970, 84 Stat. 1393, Pub. L. 91-535, § 2; Apr. 6, 1977, D.C. Law 1-102, § 2(a), (b), 23 DCR 8732; Apr. 18, 1978, D.C. Law 2-73, § 3, 24 DCR 7066; Mar. 5, 1981, D.C. Law 3-157, § 2(b), 27 DCR 5117; Sept. 29, 1982, D.C. Law 4-157, §§ 6, 15, 29 DCR 3617; Mar. 10, 1983, D.C. Law 4-204, § 2, 30 DCR 185; Aug. 2, 1983, D.C. Law, 5-16, § 3, 30 DCR 3193; Mar. 8, 1984, D.C. Law 5-51, § 2(a), 30 DCR 5927; Mar. 7, 1987, D.C. Law 6-217, § 5, 34 DCR 907; Aug. 17, 1991, D.C. Law 9-40, § 2(b), 38 DCR 4974; May 24, 1994, D.C. Law 10-122, § 2(e), 41 DCR 1658; Mar. 26, 1999, D.C. Law 12-202, § 2(b), 45 DCR 8412; Apr. 20, 1999, D.C. Law 12-261, § 2003(q)(1), 46 DCR 3142; May 3, 2001, D.C. Law 13-298, § 101, 48 DCR 2959; Sept. 30, 2004, D.C. Law 15-187, §§ 101(b), 401(d), 51 DCR 6525; May 1, 2013, D.C. Law 19-310, § 2(c), 60 DCR 3410; Apr. 7, 2017, D.C. Law 21-260, § 2(a)(3), 64 DCR 2079; Oct. 30, 2018, D.C. Law 22-165, § 2(a)(4), 65 DCR 9366; Dec. 3, 2020, D.C. Law 23-149, § 6052(a)(1), 67 DCR 10493; June 30, 2022, D.C. Law 24-127, § 2(a)(3), 69 DCR 005071; Sept. 21, 2022, D.C. Law 24-167, § 2142(a), 69 DCR 009223; Mar. 22, 2023, D.C. Law 24-332, § 5, 70 DCR 1582.)
Prior Codifications
1981 Ed., § 25-112.
1973 Ed., § 25-111.
Section References
This section is referenced in § 2-1212.01, § 8-102.01, and § 25-332.
Effect of Amendments
D.C. Law 15-187, in subsec. (c), added par. (3); and in par. (2) of subsec. (e), substituted “each of the 3 years” for “each of the 2 years”.
The 2013 amendment by D.C. Law 19-310 added “including the sale of growlers by the holder of an off-premise retailer licensee, class A, notwithstanding any other provision or restrictions of this title” in (a); added (a-1); added “except for the sale of growlers” in (b); and added (c)(2A) and made a related change.
Emergency Legislation
For temporary (90 days) amendment of this section, see § 2142(a) of Fiscal Year 2023 Budget Support Emergency Act of 2022 (D.C. Act 24-470, July 13, 2022, 69 DCR 008707).
For temporary (90 days) amendment of this section, see § 204(a)(1) of Coronavirus Support Second Congressional Review Emergency Amendment Act of 2020 (D.C. Act 23-405, Aug. 19, 2020, 67 DCR 10235).
For temporary (90 days) amendment of this section, see § 204(a)(1) of Coronavirus Support Congressional Review Emergency Amendment Act of 2020 (D.C. Act 23-328, June 8, 2020, 67 DCR 7598).
For temporary (90 days) amendment of this section, see § 204(a)(1) of Coronavirus Support Emergency Amendment Act of 2020 (D.C. Act 23-326, May 27, 2020, 67 DCR 7045).
For temporary amendment of section, see § 2(c) of the Omnibus Alcoholic Beverage Regulation Emergency Amendment Act of 2012 (D.C. Act 19-597, January 14, 2013, 60 DCR 1001).
For temporary (90 days) amendment of this section, see § 2(c) of the Omnibus Alcoholic Beverage Regulation Congressional Review Emergency Act of 2013 (D.C. Act 20-52, April 22, 2013, 60 DCR 6372, 20 DCSTAT 1388).
Temporary Legislation
For temporary (225 days) amendment of this section, see § 204(a)(1) of Coronavirus Support Temporary Amendment Act of 2020 (D.C. Law 23-130, Oct. 9, 2020, 67 DCR 8622).
Editor's Notes
Paragraph (2) of subsection (c) of this section expired 18 months after May 3, 2001.
Sections 402 and 403 of D.C. Law 15-187 provided:
“Sec. 402. Rules and regulations.
“The Mayor shall promulgate proposed rules and regulations to administer this title within 180 days of its effective date. The proposed rules and regulations, as well as any subsequent rules and regulations amending this title, shall be submitted to the Council for a 45-day period of review, excluding Saturdays, Sundays, legal holidays, and days of Council recess, If the Council does not approve or disapprove the rules and regulations, in whole or in part, by resolution with the 45-day review period, the proposed rules and regulations shall be deemed approved.
“Sec. 403. Applicability.
“Section 401 shall apply upon the effective date of the regulations promulgated under section 402.”