Subchapter VII. Physical Space and Advertising.

§ 25–761. Structural requirements.

No license shall be issued for the sale or consumption of beverages in any building, a part of which is used as a dwelling or lodging house, unless the applicant files an affidavit stating to the satisfaction of the Board that access from the portion of the building used as a dwelling or lodging house to the portion where the applicant desires to sell alcoholic beverages is effectively closed; provided, that the provisions of this section shall not apply to a hotel or a club licensed under this title. The Board, by regulation, may provide for waiver of the provisions of this section upon application of a licensee.

§ 25–762. Substantial changes in operation must be approved.

(a) Before a licensee may make a change in the interior or exterior, or a change in format, of any licensed establishment, which would substantially change the nature of the operation of the licensed establishment as set forth in the initial application for the license, the licensee shall obtain the approval of the Board in accordance with § 25-404.

(b) In determining whether the proposed changes are substantial, the Board shall consider whether they are potentially of concern to the residents of the area surrounding the establishment, including changes which would:

(1) Increase the occupancy of the licensed establishment or the use of interior space not previously used;

(2) Expand the operation of the licensed establishment to allow for permanent use of exterior public or private space or summer gardens;

(3) Expand the operation of the licensed establishment to another floor, roof, or deck;

(4) Provide for, or expand, an area in which live entertainment would be performed by employees of the establishment, patrons, contract employees, or self-employed individuals, such as dancers or disc jockeys;

(5) Diminish, or expand, the space used by the establishment for service of meals, dining areas, or food preparation areas;

(6) Provide permanent space for dancing by patrons if none existed previously;

(7) Change the exterior design, architecture, or construction of the building in such a way as to convey to the public notice of the fact that alcoholic beverages are to be, or are sold, dispensed, stored, or distributed in or from the building;

(8) Provide music or entertainment if none was provided previously;

(9) Change from recorded to live music or entertainment or the kind of music or entertainment provided;

(10) Change the entertainment to include nude performances;

(11) Change from full-menu offerings to offering snack food;

(12) Change from on-premises consumption of food to carry-out sales or offering carry-out sales if none existed previously;

(13) Extend the hours of operation;

(14) Provide mechanical or electronic entertainment devices if these did not exist previously or provide for the installation of additional devices;

(15) Change the trade name or corporate name, coupled with a change in ownership of the establishment;

(16) Change the booth sizes;

(17) Reduce the number of toilet facilities; or

(18) Increase the number of vessels under the on-premises common carrier license class.

(c) A temporary or permanent reduction in the hours of operation of a licensed establishment shall not constitute a substantial change.

§ 25–763. Restrictions on use of signs.

(a) Exterior signs advertising alcoholic beverages, which signs have a total cumulative area in the aggregate in excess of 10 square feet, shall be prohibited.

(b) No sign advertising alcoholic beverages on the exterior of, or visible from the exterior of, any licensed establishment or elsewhere in the District shall be illuminated at any time when the sale of alcoholic beverages at the licensed premises is prohibited.

(c) A sign advertising alcoholic beverages on the exterior of, or visible from the exterior of, any licensed establishment, which is illuminated with intermittent flashes of light shall be prohibited.

(d) A retail licensee shall not erect or maintain at the licensed establishment, except to the extent required by federal law, a sign or lettering using the words “Wholesale,” “Wholesaler,” “Wholesale department,” or any other word or words designed or intended to mislead or deceive the general public into believing that the licensee is licensed to sell alcoholic beverages as a wholesaler.

(e) A sign which does not conform to this section shall be removed.

(f) In addition to the provisions of this section, signage shall be subject to § 1-303.21 and any rules issued pursuant to that section.

(g) Exterior signs advertising game of skill machines shall be prohibited on the licensed establishment.

(May 3, 2001, D.C. Law 13-298, § 101, 48 DCR 2959; Apr. 27, 2013, D.C. Law 19-289, § 6, 60 DCR 2328; Apr. 27, 2021, D.C. Law 23-280, § 8(d)(2), 68 DCR 001156; Mar. 22, 2023, D.C. Law 24-332, § 5, 70 DCR 1582.)

Effect of Amendments

The 2013 amendment by D.C. Law 19-289 rewrote (f).

Emergency Legislation

For temporary (90 days) amendment of this section, see § 3(d)(2) of Revised Game of Skill Machines Consumer Protections Congressional Review Emergency Amendment Act of 2021 (D.C. Act 24-16, Feb. 26, 2021, 68 DCR 002559).

For temporary (90 days) amendment of this section, see § 3(d)(2) of Revised Game of Skill Machines Consumer Protections Emergency Amendment Act of 2020 (D.C. Act 23-479, Oct. 1, 2020, 67 DCR 13284).

For temporary (90 days) amendment of this section, see § 2(d)(3) of Games of Skill Consumer Protection Emergency Amendment Act of 2020 (D.C. Act 23-229, Feb. 27, 2020, 0 DCR 0).

For temporary (90 day) amendment of section, see § 6 of the Sign Regulation Emergency Amendment Act of 2012 (D.C. Act 19-387, July 11, 2012, 59 DCR 8491).

For temporary amendment of (f), see § 6 of the Sign Regulation Congressional Review Emergency Amendment Act of 2012 (D.C. Act 19-499, October 26, 2012, 59 DCR 12749), applicable after the Mayor’s issuance of a comprehensive final rulemaking governing signs on public space and private property, and with the condition that any order, rule, or regulation in effect under a law replaced by this act shall remain in effect until repealed, amended, or superseded.

Temporary Legislation

For temporary (225 days) amendment of this section, see § 3(d)(2) of Revised Game of Skill Machines Consumer Protections Temporary Amendment Act of 2020 (D.C. Law 23-257, Mar. 16, 2021, 67 DCR 13932).

For temporary (225 days) amendment of this section, see § 2(d)(3) of Games of Skill Consumer Protection Temporary Amendment Act of 2020 (D.C. Law 23-93, May 6, 2020, 67 DCR 3522).

Section 6 of D.C. Law 19-181 amended (f) to read as follows:

“(f) In addition to the provisions of this section, signage shall be subject to section 1 of An Act To regulate the erection, hanging, placing, painting, display, and maintenance of outdoor signs and other forms of exterior advertising within the District of Columbia, approved March 3, 1931 (46 Stat. 1486; D.C. Official Code § 1-303.21), and any rules issued pursuant to that section.”

Section 8 of D.C. Law 19-181 provided that any order, rule, or regulation in effect under a law replaced by this act shall remain in effect until repealed, amended, or superseded.

Section 9 of D.C. Law 19-181 provided that sections 3, 4, 5, 6, and 7 of the act shall apply upon the Mayor’s issuance of a comprehensive final rulemaking governing signs on public space and private property pursuant to section 2 of the act.

Section 11(b) of D.C. Law 19-181 provided that the act shall expire after 225 days of its having taken effect.

Editor's Notes

Section 6 of D.C. Law 19-289 would have rewritten (f) to read as follows: "In addition to the provisions of this section, signage shall be subject to § 1-303.21, and any rules issued pursuant to that section.

Section 9 of D.C. Law 19-289 provided that any order, rule, or regulation in effect under a law replaced by this act shall remain in effect until repealed, amended, or superseded.

Applicability of D.C. Law 19-289, § 6: Section 10 of D.C. Law 19-289 provided that sections 3, 4, 5, 6, 7, and 8 of the act shall not apply until the Mayor’s issuance of a comprehensive final rulemaking governing signs on public space and private property pursuant to section 2 of the act. Section 2 of D.C. Law 19-289 rewrote §§ 1-303.21 and 1-303.23, and repealed § 1-303.22.

§ 25–764. Advertisements related to alcoholic beverages in general.

No person shall publish or disseminate, or cause to be published or disseminated, directly or indirectly, through any radio or television broadcast, in any newspaper, magazine, periodical, or other publication, or by any sign, placard, or any printed matter, an advertisement of alcoholic beverages which is not in conformity with this title.

§ 25–765. Advertisement on windows and doors of licensed establishment.

(a) Advertisements relating to alcoholic beverages shall only be displayed in the window of a licensed establishment if the total area covered by the advertisements does not exceed 25% of the window space.

(b) Advertisements relating to alcoholic beverages shall not be displayed on the exterior of any window or on the exterior or interior of any door.

(c) Advertisements related to game of skill machines shall not be placed on the interior or exterior of a window or on the exterior of a door that is used to enter or exit the licensed establishment.

§ 25–766. Prohibited statements in advertisements.

Advertisements and written notices or other documents that are displayed or provided to the public that contain false or misleading statements with respect to any material fact shall be prohibited.

§ 25–767. Outdoor common seating area.

(a) An applicant for a commercial lifestyle center license may apply to the Board to operate one or more outdoor common seating areas on private space to be utilized by patrons purchasing food and alcoholic beverages from licensed on-premises retailers for carry-out; provided, that:

(1) The outdoor common seating area is clearly defined and marked with signage;

(2) Alcoholic beverages consumed in the outdoor common seating area are in plastic or non-glass containers of no more than 16 ounces;

(3) Alcoholic beverages are labeled with the trade name, logo, or other labeling unique to the licensee;

(4) Patrons remain seated while consuming food and alcohol;

(5) There is no bar in the outdoor common seating area;

(6) No food or alcoholic beverage service is provided in the outdoor common seating area;

(7) Open alcoholic beverages may not be taken from the outdoor common seating area into a licensed establishment;

(8) Only alcoholic beverages purchased from licensed establishments may be brought into the outdoor common seating area; and

(9) Any unfinished alcoholic beverage must be discarded prior to or upon leaving the licensed premises of the commercial lifestyle center.