§ 25–723. Hours of sale and service for on-premises retail licensees and temporary licensees.

(a) The licensee under a hotel license may make available in the room of a registered adult guest, and charge to the registered guest if consumed, miniatures as defined in § 25-101(32A) at all hours on any day of the week.

(b) Except as provided in § 25-724 and subsections (c) and (e) of this section, the licensee under an on-premises retailer license, a manufacturer's license that holds an on-site sales and consumption permit, or a temporary license may sell, serve, or permit the consumption of alcoholic beverages on any day and at any time except between the following hours:

(1) 2:00 a.m. and 6:00 a.m., Monday through Friday, excluding District and federal holidays; and

(2) 3:00 a.m. and 6:00 a.m. on Saturday and Sunday, excluding District and federal holidays.

(b-1) Except as provided in § 25-724 and subsection (c) and (e) of this section, the licensee under an on-premises retailer license or manufacturer license that holds an on-site sales and consumption permit may deliver alcoholic beverages to the home of District residents, or provide to customers for curbside delivery at any time between the hours of:

(1) 6:00 a.m. and 1:00 a.m., Monday through Friday, excluding District and federal holidays; and

(2) 6:00 a.m. and 1:00 a.m. on Saturday and Sunday, excluding District and federal holidays.

(b-2) Notwithstanding subsection (b) of this section, a holder of a commercial lifestyle center license may operate and permit the sale, service, and consumption of alcoholic beverages on the licensed premises between the hours of 7:00 a.m. and 11:00 p.m., Sunday through Thursday, and 7:00 a.m. and midnight, Friday and Saturday.

(c)(1) Except as provided in § 25-724, the licensee under an on-premises retailer's license, a manufacturer's license that holds an on-site sales and consumption permit, or a temporary license may sell, serve, or permit the consumption of alcoholic beverages until 4:00 a.m. and operate 24 hours a day during the following times:

(A) On a District or federal holiday;

(B) The Saturday and Sunday preceding Martin Luther King, Jr.'s Birthday, Washington's Birthday, Memorial Day, Labor Day, and Indigenous Peoples' Day, as set forth in § 1-612.02(a);

(C) The Saturday and Sunday adjacent to January 1 (New Year’s Day) and July 4 (Independence Day); except, that if the holiday under this subparagraph occurs on a Tuesday, Wednesday, or Thursday, this subparagraph shall not apply;

(D) The Friday, Saturday, and Sunday following Thanksgiving Day, as set forth in § 1-612.02(a)(9); and

(E) The Saturday and Sunday adjacent to Veterans Day, Christmas Day, and District of Columbia Emancipation Day as set forth in § 1-612.02(a); except, that if the holiday under this subparagraph occurs on a Tuesday, the extended hours shall occur on the preceding Saturday and Sunday and if a holiday under this subparagraph occurs on a Wednesday or Thursday, the extended hours shall occur on the following Saturday and Sunday.

(2) A licensee operating under an on-premises retailer's license or a manufacturer's license that holds an on-site sales and consumption permit shall not be required to obtain Board approval to sell, serve, or permit the consumption of alcoholic beverages and operate in accordance with paragraph (1) of this subsection.

(3) This subsection shall not apply during Inaugural Week, as defined in subsection (e) of this section.

(4) No fewer than 30 days before the first holiday on which a licensee seeks to extend its hours of operation pursuant to this subsection, the licensee shall provide written notification to the Board and the Metropolitan Police Department of its intent to extend its hours of operation.

(c-1)(1) Except as provided in § 25-724, the Board may extend the hours of operation, sales, service, and consumption of alcoholic beverages during postseason games in which a District professional sports team is a participant for licensees registered with the Board to participate in the extension of hours program under subsection (c) of this section.

(2) If the Board extends the hours of operation, sales, service, and consumption of alcoholic beverages during a postseason game pursuant to paragraph (1) of this subsection, a licensee registered with the Board in the extension of hours program under subsection (c) of this may sell, serve, and allow the consumption of alcoholic beverages until 4 a.m. and operate 24 hours a day for the postseason game day.

(3) The Board shall provide written notification to the Metropolitan Police Department at least 48 hours before extended hours of operation, sales, service, and consumption under this subsection will take effect. The written notification shall include the list of establishments eligible to participate in the extended hours under this subsection.

(4) To the extent feasible, the Board shall provide notice of its decision to extend the hours of operation, sales, service, and consumption pursuant to this subsection in the District of Columbia Register. The Board shall also post notice of its decision on ABCA's website within 24 hours after its decision.

(5) For the purposes of this subsection, the term:

(A) "District professional sports team" means a professional baseball, basketball, football, hockey, soccer, or tennis team that plays its home games or matches in the Washington-Arlington-Alexandria, DC-VA-MD-WV Metropolitan Division as defined by the Office of Management and Budget as of January 1, 2020.

(B) "Postseason game" means a professional baseball, basketball, football, hockey, soccer, or tennis playoff or championship game.

(d) [Repealed].

(e)(1) Every 4 years, beginning in 2013, the week of January 15 through January 21, shall be designated "Inaugural Week"; except, that in 2021, January 9 through January 24 shall be designated "Inaugural Week." Except as provided in § 25-724, during Inaugural Week, a licensee under an on premises retailer's license, a manufacturer license holding an on-site sales and consumption permit, or a temporary license may sell, serve, or permit the consumption of alcoholic beverages until 4 a.m. and operate 24 hours a day if the licensee:

(A) Provides written notification no later than January 7, to the Board and the Metropolitan Police Department of its hours of operation; and

(B) Pays the following fee for each day it will serve alcohol pursuant to this subsection:

(i) $250 for a CN licensee;

(ii) $100 for a CR or CT licensee;

(iii) $100 for manufacturer license holding an on-site sales and consumption permits, class A, B, or C; and

(iv) $50 for any other licensee.

(2) A licensee operating under an on-premises retailer's license or a manufacturer's license shall not be required to obtain Board approval to sell, serve, or consume alcoholic beverages until 4:00 a.m. and operate 24 hours a day during Inaugural Week.

(f) [Repealed].

(May 3, 2001, D.C. Law 13-298, § 101, 48 DCR 2959; Mar. 25, 2009, D.C. Law 17-361, § 2(c)(1), 56 DCR 1204; Sept. 14, 2011, D.C. Law 19-21, § 8142, 58 DCR 6226; Dec. 2, 2011, D.C. Law 19-45, § 2, 58 DCR 8937; Sept. 20, 2012, D.C. Law 19-168, § 2042(a), 59 DCR 8025; May 1, 2013, D.C. Law 19-310, § 2(z), 60 DCR 3410; May 2, 2015, D.C. Law 20-270, § 2(e)(5), 62 DCR 1866; Oct. 8, 2016, D.C. Law 21-160, § 2012, 63 DCR 10775; Oct. 30, 2018, D.C. Law 22-165, § 2(f)(5), 65 DCR 9366; Oct. 30, 2018, D.C. Law 22-168, § 2052, 65 DCR 9388; Dec. 3, 2020, D.C. Law 23-149, §§ 1093, 6052(b)(3), 67 DCR 10493; Mar. 16, 2021, D.C. Law 23-236, § 2, 67 DCR 14409; June 30, 2022, D.C. Law 24-127, § 2(f)(6), 69 DCR 005071; Mar. 22, 2023, D.C. Law 24-332, § 5, 70 DCR 1582.)

Section References

This section is referenced in § 25-725 and § 25-827.

Effect of Amendments

D.C. Law 17-361, in subsec. (b), substituted “Friday, excluding District and federal holidays” for “Friday” in par. (1) and substituted “Saturday, excluding District and federal holidays” for “Saturday” in par. (2).

D.C. Law 19-21 rewrote subsec. (b)(3), which formerly read:

“(3) 3:00 a.m. and 10:00 a.m. on Sunday.”

D.C. Law 19-45, in subsec. (b), substituted “§ 25-724 and subsections (c) and (d) of this section” for “§ 25-724”; and added subsec. (d).

The 2012 amendment by D.C. Law 19-168 substituted “subsections (c), (d), and (e)” for “subsections (c) and (d)” in the introductory language of (b); substituted “Sunday, excluding” for “on” in (b)(2); deleted former (b)(3), which read: “3:00 a.m. and 8:00 a.m. on Sunday”; rewrote (c) and (d); added (e); and made related changes.

The 2013 amendment by D.C. Law 19-310 substituted “miniatures as defined in § 25-101(32A)” for “closed miniature containers of alcoholic beverages” in (a); added (d)(4), which stated “This subsection shall expire on September 30, 2013”; and added (f).

The 2015 amendment by D.C. Law 20-270 deleted “Once each calendar year and” from the beginning of (c)(4).

Emergency Legislation

For temporary (90 days) amendment of this section, see § 2 of 2023 Women's World Cup Emergency Amendment Act of 2023 (D.C. Act 25-137, June 27, 2023, 70 DCR 9067).

For temporary (90 days) amendment of this section, see § 2 of 2022 World Cup Emergency Amendment Act of 2022 (D.C. Act 24-563, Oct. 17, 2022, 0 DCR 0).

For temporary (90 days) amendment of this section, see § 3 of Indigenous Peoples' Day Emergency Amendment Act of 2019 (D.C. Act 23-128, Oct. 11, 2019, 66 DCR 13532).

For temporary (90 days) amendment of this section, see § 2052 of Fiscal Year 2019 Budget Support Congressional Review Emergency Act of 2018 (D.C. Act 22-458, Oct. 3, 2018, 65 DCR 11212).

For temporary (90 days) amendment of this section, see § 2052 of Fiscal Year 2019 Budget Support Emergency Act of 2018 (D.C. Act 22-434, July 30, 2018, 65 DCR 8200).

For temporary (90 days) amendment of this section, see § 2 of 2018 All-Star Game and World Cup Emergency Amendment Act of 2018 (D.C. Act 22-362, May 21, 2018, 65 DCR 5955).

For temporary (90 day) amendment of section, see § 2 of Inaugural Celebration Extension of Hours Emergency Act of 2008 (D.C. Act 17-614, December 19, 2008, 56 DCR 40).

For temporary (90 day) amendment of section, see § 2(b) of Inaugural Celebration Extension of Hours Public Safety Emergency Act of 2008 (D.C. Act 17-616, December 19, 2008, 56 DCR 44).

For temporary (90 day) addition, see § 2 of World Cup Extension of Hours Emergency Act of 2010 (D.C. Act 18-433, June 7, 2010, 57 DCR 4958).

For temporary amendment of (a) and (d), and addition of (f), see § 2(z) of the Omnibus Alcoholic Beverage Regulation Emergency Amendment Act of 2012 (D.C. Act 19-597, January 14, 2013, 60 DCR 1001).

For temporary amendment of (e)(1), see § 2 of the Inaugural Hours Emergency Act of 2012 (D.C. Act 19-614, January 14, 2013, 60 DCR 1298).

For temporary (90 days) amendment of this section, see § 2(z) 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 § 3 of Indigenous Peoples' Day Temporary Amendment Act of 2019 (D.C. Law 23-45, Jan. 10, 2020, 66 DCR 15341).

Short Title

Short title: Section 8141 of D.C. Law 19-21 provided that subtitle O of title VIII of the act may be cited as “Opening Hours Act of 2012”.

Editor's Notes

Section 2043 of D.C. Law 19-168 provided: “Reporting Requirement. Within one year of the effective date of this subtitle, the Mayor shall transmit to the Council a report on the extensions of hours of operation for licensees licensed to sell and serve alcoholic beverages set forth in D.C. Official Code § 25-723(c), (d), and (e), and the effect of the extensions on liquor store hours, as set forth in the Off-Premises Alcohol Act of 2012, passed on 2nd reading on June 5, 2012 (Enrolled version of Bill 19-743), which shall include:

“(1) The effect of the extensions on local communities;

“(2) An assessment from the Metropolitan Police Department on the number of reported incidents related to the extensions;

“(3) An estimate from the Office of the Chief Financial Officer on the revenue implications of the extensions.”

Former subsection (d) of this section, concerning sales and service of alcoholic beverages on the second Sunday in March between 3:00 a.m. and 4:00 a.m., provided by its own terms that it would expire September 30, 2013.