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Code of the District of Columbia

§ 25–721. Hours of sale and delivery for wholesalers and manufacturers.

(a) A licensee under a wholesaler license shall sell and deliver alcoholic beverages to other licensees only between the hours of 5:00 a.m. and 1:00 a.m., Monday through Saturday.

(a-1) Notwithstanding subsection (a) of this section, a licensed wholesaler may sell and deliver alcoholic beverages to District residents or to customers for curbside delivery between the hours of 5:00 a.m. and 1:00 a.m., Monday through Sunday.

(b) In addition to the provisions in subsection (a) of this section, a licensed wholesaler, class A or B, may deliver alcoholic beverages to other licensees between the hours 5:00 a.m. and 1:00 a.m., on Sunday.

(c) A manufacturer's license, class A, B, or C, holding an on-site sales and consumption permit may sell and serve alcoholic beverages on any day and time except between the following hours:

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

(2) 3:00 a.m. [and] 6:00 a.m. on Saturday and Sunday.

(d) A manufacturer's license, class A, B, or C, may deliver alcoholic beverages manufactured at the licensed premises to wholesalers, retailers, and to District residents or provide to customers by curbside delivery between the hours of 6:00 a.m. and 1:00 a.m., 7 days a week.

§ 25–722. Hours of sale and delivery for off-premises retail licensees.

(a) A licensee under an off-premises retailer’s license, class A or B, may sell and deliver alcoholic beverages to District residents or provide to customers by curbside delivery only between the hours of 6:00 a.m. and 1:00 a.m., Monday through Saturday, and during those same hours on December 24 and 31 of each year, subject to voluntary agreements [settlement agreements] pursuant to § 25-446.

(b) The Board may also permit a licensee under an off-premises retailer license, class A or B, to sell or deliver alcoholic beverages to District residents or provide to customers by curbside delivery between the hours of 6:00 a.m. and 1:00 a.m. on Sundays subject to settlement agreement pursuant to § 25-446.

(c) [Repealed].

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

*NOTE: This section includes amendments by temporary legislation that will expire on May 1, 2025. To view the text of this section after the expiration of all emergency and temporary legislation, click this link: Past Permanent Version.*

(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].

(g)(1) Except as provided in § 25-724, a licensee under an on-premises retailer's license, manufacturer's license holding an on-site sales and consumption permit, or a temporary license may during the 2024 Summer Olympic Games, 2024 Paralympic Games, and the Art All Night or Dine All Night events, operate 24 hours a day and sell, serve, and allow for the consumption of alcoholic beverages between the hours of 6:00 a.m. and 4:00 a.m. if the licensee:

(A) Registers with the Board prior to extending its hours of operation, sales, service, and consumption;

(B) Pays a registration fee of $100; and

(C) Provides written notification, no later than July 25, 2024, to the Board and the Metropolitan Police Department of its extended hours of operation, sales, service, and consumption; except, that written notification may be provided no later than September 26, 2024 for the Art All Night or Dine All Night events.

(2) A non-alcohol licensee that holds a valid certificate of occupancy that has registered with the Department of Small and Local Business Development ("DSLBD") to participate in Art All Night or Dine All Night may also register with the Board pursuant to the requirements of paragraph (1) of this subsection.

(3) Eligible alcohol and non-alcohol licensees that register with the Board that have also registered with DSLBD to participate in Art All Night or Dine All Night may offer outdoor entertainment until 11 p.m. and indoor entertainment until 2 a.m. during those dates that they are registered to participate.

(4) The fees collected pursuant to this subsection shall be deposited in the Alcoholic Beverage and Cannabis Administration Fund established by § 25-210.

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

(A) "Art All Night" means an annual arts festival organized by DSLBD that celebrates visual and performing arts that takes place in all 8 wards occurring on the evenings of September 27, 2024 and September 28, 2024.

(B) Dine All Night" means an all-night dining and culinary event organized by DSLBD that involves qualifying restaurants and food establishments occurring from September 19, 2024 through September 29, 2024.

(C) "2024 Summer Olympic Games" means the international multisport competition occurring from July 26, 2024, through August 11, 2024.

(D) "2024 Paralympic Games" means the international multisport competition occurring from August 28, 2024, through September 8, 2024.

(6) This subsection shall expire on September 30, 2024.

§ 25–724. Board authorized to further restrict hours of operation.

At the time of initial application or renewal of any class of license, the Board may further limit the hours of sale and delivery for a particular applicant (1) based on the Board’s findings of fact, conclusions of law, and order following a protest hearing, or (2) under the terms of a settlement agreement.

§ 25–725. Noise from licensed premises.

(a) The licensee under an on-premises retailer’s license shall not produce any sound, noise, or music of such intensity that it may be heard in any premises other than the licensed establishment by the use of any:

(1) Mechanical device, machine, apparatus, or instrument for amplification of the human voice or any sound or noise;

(2) Bell, horn, gong, whistle, drum, or other noise-making article, instrument, or device; or

(3) Musical instrument.

(b) This section shall not apply to:

(1) Areas in the building which are not part of the licensed establishment;

(2) A building owned by the licensee which abuts the licensed establishment;

(3) Any premises other than the licensed establishment that are located within a commercial, manufacturing, or mixed-use zone, as defined in the zoning regulations and shown in the official atlases of the Zoning Commission for the District;

(4) Sounds, noises, or music occasioned by normal opening of entrance and exit doors for the purpose of ingress and egress; or

(5) Heating, ventilation, and air conditioning devices.

(c) The licensees under this subchapter shall comply with the noise level requirements set forth in Chapter 27 of Title 20 of the District of Columbia Municipal Regulations.

(d)(1) ABCA shall maintain a complaint program to receive noise complaints by phone, email, and fax. The complaint program shall be staffed by an ABCA employee until at least one hour after the end time for the legal sale of alcoholic beverages as set forth in § 25-723.

(2) ABCA shall keep records regarding noise complaints and record the following information at the time the complaint is made:

(A) The time and date of the complaint;

(B) The name and address of the establishment that is the subject of the complaint;

(C) The name and address of the complainant, if available;

(D) The nature of the noise complaint; and

(E) Whether the complaint was substantiated by ABCA.

(3) Upon receipt of a noise complaint, ABCA shall attempt to contact the establishment by phone or in person and inform the ABC manager on-duty that a noise complaint has been received and describe the nature of the complaint.

(4) ABCA shall notify the licensee of the complaint by e-mail, phone, or registered mail within 72 hours of receiving the complaint. ABCA shall notify the licensee of the results of any investigation that may result in a show cause hearing within 90 days as required by § 25-832.

(e) The windows and doors of an establishment from which noise can be heard shall remain open or closed, as they were at the time the complaint was made, in order for an ABCA investigator or Metropolitan Police Department officer to determine whether a violation of subsection (a) of this section exists. The ABCA investigator shall have the authority to direct that windows and doors be closed or opened.

§ 25–726. Control of litter.

(a) The licensee under a retailer’s license shall take reasonable measures to ensure that the immediate environs of the establishment, including adjacent alleys, sidewalks, or other public property immediately adjacent to the establishment, or other property used by the licensee to conduct its business, are kept free of litter.

(b) A licensee under a retailer's license shall ensure that all solid waste inside the property and in the outdoor spaces immediately surrounding the property are stored and containerized for collection in a manner that will not provide food, harborage, or breeding places for insects or rodents, or other animals, or create a nuisance or fire hazard.