§ 25–117. Brew pub endorsement requirements and qualifications.

(a)(1) A brew pub endorsement shall authorize the licensee to brew malt beverages at one location for consumption at a licensed restaurant, tavern, multipurpose facility, hotel, or nightclub and for sale to licensed wholesalers, and retailers.

(2) Except as provided in paragraph (3) of this subsection, the location used to brew malt beverages shall be on or immediately adjacent to the facility used by the on-premises retailer's license class C or D licensee that is licensed to the brew pub owner in accordance with subsection (b) of this section.

(3) A licensee holding a brew pub endorsement may brew malt beverages at a location that is not on or immediately adjacent to the facility used by the on-premises retailer's license class C or D licensee; provided, that:

(A) The licensee obtains an off-site production permit, as defined by regulation;

(B) The location of the off-site production permit is within 600 feet of the licensed establishment; and

(4) The minimum annual fee for an off-site production permit shall be $500 per year.

(5)(A) A licensee holding a brew pub endorsement shall be permitted to sell and deliver annually up to 15,500 gallons of malt beverages brewed at the location to other retail licensees for resale purposes.

(B) A licensee holding a brew pub endorsement shall deliver malt beverages brewed at its location to other licenses through the services of an employee or an independent contractor. The licensee shall not use a third-party delivery company or platform.

(C) The Board shall issue proposed regulations to require the holders of brew pub endorsements to provide quarterly reports evidencing compliance with the requirements of this paragraph.

(a-1) If a licensee has submitted a completed application for or received a brew pub endorsement on or after February 7, 2018, the establishment shall only be permitted to sell beer brewed at the licensed location to patrons in growlers for off-premises consumption.

(a-2)(1) If a licensee possesses or has submitted a completed brew pub application before February 7, 2018, the establishment may sell beer to patrons in growlers for off-premises consumption if:

(A) Within 60 days of receiving the brew pub endorsement, the licensee, at all times, makes beer manufactured at the licensed premises available and offers it for sale to patrons or has beer that is in the process of being manufactured and currently undergoing the production process on the licensed premises; and

(B) The holder of the brew pub endorsement has beer manufactured at the licensed premises available and offers it for sale to patrons on the licensed premises for at least 90 days in a calendar year;

(2)(A) The holder of the brew pub endorsement shall maintain upon the licensed premises, either physically or electronically, books and records that reflect the days in which beer manufactured on the licensed premises was available and offered for sale to patrons.

(B) The holder of the brew pub endorsement shall allow any ABCA investigator or any member of the Metropolitan Police Department a full opportunity to examine its records at any time during its operating hours.

(3) It shall be a violation for the holder of a brew pub endorsement issued pursuant to paragraph (1) of this subsection to not have manufacturing equipment on the licensed premises or to not be in compliance with subsection (a-1) of this section within 60 days of the issuance of the brew pub endorsement.

(4) In accordance with § 25-823, the Board may fine, as set forth in the schedule of civil penalties established under § 25-830, and revoke or suspend a brew pub endorsement if the holder of a brew pub endorsement fails to comply with the terms of this subsection.

(5) A brew pub endorsement issued pursuant to this subsection shall expire upon the revocation, cancellation, or transfer of the license.

(a-3) All holders of brew pub endorsements may also sell beer brewed at the pub location licensed by the Board to patrons in crowlers, barrels, cans, kegs, sealed bottles, or other closed containers for off-premises consumption.

(b) A brew pub endorsement shall be issued only to the licensee under on-premises retailer's license, class C or D, or in conjunction with the issuance of on-premises retailer's license, class C or D.

(c) A brew pub endorsement shall be cancelled or revoked if the on-premises retailer's license, class C or D, ceases to operate or the license is revoked or cancelled.

(d) A brew pub endorsement shall be automatically suspended whenever and for the same period of time that the licensee’s retailer’s license, class C or D, is suspended.

(e) A licensee holding brew pub endorsements at separate locations in the District shall be permitted to transport beer manufactured at one brew pub facility to another brew pub facility owned by the licensee for sale and consumption.

(f) A licensee holding a brew pub endorsement shall be authorized to sell and deliver beer directly to a consumer for off-premises consumption if the beer is:

(1) Manufactured at the brew pub facility;

(2) Manufactured by the holder of the brew pub endorsement or an entity, regardless of jurisdiction, with a shared ownership interest of 5% or more in the location where the beer pub endorsement is located; or

(3) Manufactured by the holder of the brew pub endorsement as part of a collaboration with another manufacturer, regardless of jurisdiction.

(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; May 1, 2013, D.C. Law 19-310, § 2(f), 60 DCR 3410; Apr. 7, 2017, D.C. Law 21-260, § 2(a)(6), 64 DCR 2079; Oct. 30, 2018, D.C. Law 22-165, § 2(a)(7), 65 DCR 9366; Feb. 21, 2020, D.C. Law 23-54, § 2(a)(5), 67 DCR 28; June 30, 2022, D.C. Law 24-127, § 2(a)(6), 69 DCR 005071; July 12, 2022, D.C. Law 24-147, § 128(a)(1), 69 DCR 003386; Mar. 22, 2023, D.C. Law 24-332, § 5, 70 DCR 1582.)

Prior Codifications

1981 Ed., § 25-117.

1973 Ed., § 25-111.

Effect of Amendments

The 2013 amendment by D.C. Law 19-310 substituted “restaurant, tavern, multipurpose facility, hotel, or nightclub” for “restaurant or tavern” in (a), (b), and (c)(1); added (a-1); and substituted “cancelled or revoked” for “void” in the introductory language of (c).

Emergency Legislation

For temporary amendment of (a)-(c) and addition of (a-1), see § 2(f) 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(f) 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).