Chapter 2. Alcoholic Beverage and Cannabis Administration.
§ 25–201. Establishment of the Alcoholic Beverage and Cannabis Board — Appointment and responsibilities.
(a) There is established an Alcoholic Beverage and Cannabis Board. The Board shall be composed of 7 members. The Mayor, with the advice and consent of the Council and according to the requirements set forth in § 25-206, shall nominate persons to serve on the Board. A nomination shall be submitted to the Council for a 90-day period of review, excluding days of Council recess. If the Council does not approve or disapprove the nomination by resolution within this 90-day review period, the nomination shall be deemed disapproved.
(b) The Board shall administer and enforce the provisions of this title and regulations issued under this title.
(c) The Board shall:
(1) Oversee ABCA;
(2) Receive and evaluate applications for licenses, transfers of licenses to new owners, and renewals of licenses;
(3) Issue, transfer, and renew licenses to qualified applicants;
(4) Regularly conduct inspections of the premises and the books and records of all licensees during day and evening hours and, on a reasonable number of occasions, without prior notification to the licensee or the licensee’s employees, for compliance with the requirements of this title and regulations issued under this title;
(5) Establish procedures to receive and respond timely to complaints from any person alleging a violation of any provision of this title or regulations issued under this title;
(6) Conduct investigations, on its own initiative or on the basis of valid complaints, to identify violations of this title or regulations issued under this title;
(7) Suspend or revoke licenses and impose civil fines as authorized by this title and regulations issued under this title; and
(8) Refer evidence of criminal misconduct to the Inspector General of the District of Columbia, the Attorney General for the District of Columbia, or the United States Attorney for the District, for investigation and prosecution.
§ 25–202. Establishment of the Alcoholic Beverage and Cannabis Administration.
There is established an Alcoholic Beverage and Cannabis Administration (“ABCA”) as an independent agency of the District to provide professional, technical, and administrative staff assistance to the Board in the performance of its functions. ABCA shall carry out its functions under the supervision of the Board.
§ 25–203. Transfer of functions of Alcoholic Beverage Control Division of the Department of Consumer and Regulatory Affairs.
All positions, property, records, and unexpended balances of appropriations, allocations, assessments, and other funds available or to be made available to the Alcoholic Beverage Control Division of the Department of Consumer and Regulatory Affairs relating to the duties and functions assigned herein are transferred to ABCA.
§ 25–204. Board — Functions and duties.
All duties and responsibilities in respect to the regulation of alcoholic beverage control establishments that previously have been given to the Alcoholic Beverage Control Division of the Department of Consumer and Regulatory Affairs, established by Reorganization Plan No. 1 of 1983, shall be assumed by the Board.
§ 25–204.01. Board — Open meetings.
(a) This section shall be construed broadly to maximize public access to meetings. Exceptions to open meetings shall be construed narrowly.
(b)(1) “For the purposes of this section, the term “meeting” means any gathering of a quorum of the members of the Board, including hearings and roundtables, whether regular, special, or emergency, at which the members consider, conduct, or advise on public business, including gathering information, taking testimony, discussing, and voting.
(2) A chance meeting or social encounter does not constitute a meeting unless it is held to evade the letter or spirit of this section.
(3) The term “meeting” does not include:
(A) Discussions by members of the Board on logistical and procedural methods to schedule and regulate a meeting;
(B) Any on-site inspection of any project or program; and
(C) General discussions among Board members on issues of interest to the public held in a planned or unplanned social, educational, informal, ceremonial, or similar setting when there is no intent to conduct public business, nor for the discussion to lead to an official action, even if a quorum is present and public business is discussed.
(c)(1) Except as provided in paragraph (2) of this subsection, a meeting shall be open to the public.
(2) A meeting, or portion of a meeting, may be exempt from the requirement in paragraph (1) of this subsection because of the following:
(A) Statute or court order;
(B) Contract negotiations;
(C) Attorney-client privilege: To consult with an attorney, in order to preserve the attorney-client privilege between an attorney and the Boards, and to approve settlement agreements; provided, that nothing herein shall be construed to permit the Board to close a meeting that would otherwise be open merely because the Board’s attorney is a participant;
(D) Personnel matters: Discussion of the appointment, employment, assignment, promotion, performance evaluation, compensation, discipline, demotion, removal, or resignation of government appointees, employees, or officials, unless the person requests a public meeting;
(E) Quasi-judicial functions: Meetings held by the Board exercising quasi-judicial functions that are held solely for the purpose of deliberating or making a decision in an adjudication action or proceeding;
(F) Enforcement: To plan, conduct, discuss, or hear reports concerning investigations of alleged criminal or civil misconduct or violations of federal or District law;
(G) Executive functions: To discuss the administration of a current District or federal statute, regulation, or procedure; or
(H) To receive testimony, discuss, or deliberate upon the criminal background of an applicant for a solicitor's license or manager's license.
(3) A public body that meets in closed session may not discuss or consider any official matter other than matters listed in paragraph (2) of this subsection.
(4) No resolution, rule, act, regulation, or other official action shall be effective unless taken, made, or enacted at an open meeting.
(d)(1) Before a meeting or portion of a meeting may be closed, the Board shall meet in public session at which a majority of the members of the public body who are present vote in favor of a motion for closure pursuant to an exemption listed under subsection (c)(2) of this section.
(2) The motion shall state the reason for closing the meeting and include a listing of the topics to be discussed. The Chairperson of the Board shall conduct and record a roll call vote on the motion.
(3) At the conclusion of the closed meeting, the Board shall reconvene in public session, to summarize, to the extent consistent with the applicable reason for closure, the matters discussed or considered at the closed session, and, if appropriate, take official action.
§ 25–204.02. Medical marijuana program; transfer of functions of the Department of Health.
(a) The Board and ABCA shall be responsible for carrying out the responsibilities assigned to them by [Chapter 16B of Title 7] ("Medical Marijuana Act"), and for any responsibilities of the Mayor under the Medical Marijuana Act that the Mayor delegates to the Board or ABCA.
(b)(1) Except as provided in paragraph (2) of this subsection, all personal property, assets, records, including both electronic and physical files, licensing agreements, and contracts, equipment, computer software, obligations, and unexpended balances of appropriations, allocations, assets, and liabilities, and other funds available or to be made available relating to the powers, duties, functions, operations, and administration by the Department of Health of the medical marijuana program pursuant to [Chapter 16B of Title 7], as of September 30, 2020, are transferred to ABCA.
(2) This subsection shall not apply to the personal property, assets, records, including both electronic and physical files, licensing agreements, and contracts, equipment, computer software, obligations, and unexpended balances of appropriations, allocations, assets, and liabilities, and other funds available or to be made available relating to the powers, duties, functions, operations, and administration by the Department of Health of the medical marijuana program that are within the purview of the Board of Medicine, Board of Nursing, or Board of Dentistry.
(c) All rules, orders, obligations, determinations, contracts, agreements, and understandings of the Department of Health pertaining to the medical marijuana program shall remain in effect until such time as they may be lawfully amended, modified, or repealed.
(d) ABCA shall coordinate with the Department of Health regarding the transition of the administration of the medical marijuana program to ABCA.
(e)(1) The directors of ABCA and the Department of Health shall jointly determine which personnel, if any, of the Department of Health associated with the administration of the medical marijuana program shall be transferred from the Department of Health to ABCA.
(2) Personnel who are transferred to ABCA pursuant to this subsection shall be subject to the ABCA Director's personnel authority, pursuant to [§ 1-604.06(b)(21)], including as it relates to employment classifications and pay scales.
§ 25–205. Board record-keeping responsibilities.
(a) The Board shall maintain complete and accurate records of all action taken on:
(1) Applications for licenses; and
(2) The support for, and objections to, the granting of licenses.
(b)(1) The Board shall maintain its records in a manner that allows disclosure to any person who has requested access to public records, except for those records or portions of records that are protected from disclosure by the exemptions listed in § 2-531et seq. ("FOIA").
(2) Requests to obtain copies of records maintained by the Board shall be submitted in writing to ABCA's FOIA Officer pursuant to FOIA requirements.
(3) The FOIA Officer shall respond to a FOIA request with a grant or a denial for access to records within 15 business days after the date of receipt of the request. The 15-business-day limit may be extended up to an additional 10 business days for unusual circumstances, as set forth in § 2-532(d).
(4) Reasonable fees and costs may be imposed upon requesters pursuant to § 2-532(b) and (b-1).
(c) The Board shall provide to the Director and the Council annual reports detailing the activities of the Board for the previous year regarding the following items:
(1) Licenses, including the number of licenses outstanding; the number of new alcohol licenses and permits issued; the number of alcohol licenses and permits renewed; the number of licenses suspended; and the number of licenses revoked;
(2) Enforcement, including the number of regulatory inspections performed and the number of investigations conducted;
(3) The workload of the Board, including the number of adjudicated cases processed; the number of hearings conducted; and the number of show cause cases pending;
(4) Community notification efforts, including the number of ANC notifications issued; the number of ANC meetings attended by Board members; and the number of community meetings attended by Board members; and
(5) Revenue generated by Board actions, including revenue generated by the Board from permits and licenses and from fines.
(d) [Repealed].
§ 25–206. Board member qualifications; term of office; chairperson; conflict of interest.
(a) Each member of the Board shall be a resident of the District for at least 3 years immediately preceding his or her appointment and, during that period, have claimed a principal residence nowhere else.
(b) No member of the Board shall hold any other full-time employment with the District government during his or her term of service on the Board.
(c) Each member of the Board shall have a demonstrated record of substantial involvement in issues related to the community impact of licensed establishments before his or her appointment to the Board.
(d) All appointments shall be for a term of 4 years, except appointments made for the remainder of unexpired terms. Vacancies caused by death, resignation, or otherwise shall be filled by the Mayor, with the advice and consent of the Council, under § 25-201. The Mayor may remove a board member for just and reasonable cause.
(e) Board members may be reappointed.
(f)(1) The Mayor, with the advice and consent of the Council as provided by 25-201, shall appoint one member of the Board as chairperson.
(2) The chairperson shall have a demonstrated knowledge of the laws and regulations relating to the sale and delivery of alcoholic beverages in the District.
(g) No member or employee of the Board, directly or indirectly, individually, or as a member of a partnership, association, or limited liability company, or a shareholder in a corporation, shall have any interest in selling, transporting, or storing alcoholic beverages, or receive a commission or profit from any person licensed under this title to sell alcoholic beverages; provided, that a Board member or employee may purchase, transport, or keep in his or her possession an alcoholic beverage for his or her personal use or the use of the members of his or her family or guests.
(h) Former board members may not represent a client before the Board for a period of one year following their service on the Board. Former board members may appear before the Board as an applicant for licensure, a protestant, or a witness during a protest hearing during this time period. This provision shall be applicable to future board members and for board members who are serving on the Board on May 3, 2001.
§ 25–207. ABCA Director and staff.
(a) The Board, with the advice and consent of the Council, shall appoint a Director of ABCA for a renewable 4-year term. The Director shall be removed by the Board for just and reasonable cause.
(b) The Director shall organize the personnel and property transferred by § 25-203 and, within the limits provided in this chapter and annual appropriations, shall employ staff as needed to carry out the function of ABCA.
§ 25–208. Office of the General Counsel.
There shall be established within ABCA an Office of the General Counsel. The head of the office shall be the General Counsel, who shall be an attorney admitted to the practice of law in the District and who shall be appointed by, and serve at the pleasure of, the Mayor. The General Counsel shall advise the Board regarding all legal matters. The Office of the General Counsel shall also be available to provide mediation services or a professional mediator, as a delegate, if the parties to a settlement conference require or request assistance.
§ 25–209. Community resource officer.
The Director shall appoint an employee to be a community resource officer, who shall serve as the primary contact for members of the community, both residents and businesses, wishing to submit complaints or to protest a license. The community resource officer shall provide information to citizens and the business community about the license application process, qualifications, complaint or protest process, and the citizen’s or businesses’ responsibilities and options in each step of the process.
§ 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.
§ 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.
§ 25–212. New licensee and general public orientation class.
ABCA shall establish a new licensee orientation class that shall be available to licensees and the public at no charge. The class curriculum shall include the following:
(1) A review of relevant provisions contained in both this title and Title 23 of the District of Columbia Municipal Regulations;
(2) Noise abatement and sound management; and
(3) How to work proactively with Advisory Neighborhood Commissions, neighborhood and business groups, and residents.
