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Omnibus Alcoholic Beverage Regulation Amendment Act 2012

Omnibus Alcoholic Beverage Regulation Amendment Act 2012

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Published by Joel Lawson

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Published by: Joel Lawson on Jun 26, 2012
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06/26/2012

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 ____________________________ Councilmember Jim GrahamA BILL ______________________ IN THE COUNCIL OF THE DISTRICT OF COLUMBIA _______________________________________ Councilmember Jim Graham, introduced the following bill, which was referred to theCommittee on ________________.To amend Title 25 of the District of Columbia Official Code to define the term miniature;to clarify what constitutes a nude performance; to define overconcentration; toincrease the wine alcohol percentage that can be sold by retailer’s class B licenseesfrom 14% to 15%; to allow full-service grocery stores to sell growlers containing beer for off-premises consumption; to allow retailer’s class C and D licensees to purchase from retailer’s class A licensees when District wholesalers are closed; tomake it a secondary tier violation to knowingly allow a patron to exit an on- premises establishment with an open container of alcohol; to allow caterers thatalso hold an on-premises retailer’s license to purchase alcoholic beverages from awholesaler for all catered events; to allow licensed establishments to store booksand records on the premises electronically; to clarify that the holder of a temporarylicense can receive alcoholic beverage deliveries from wholesalers up to 48 hours before a Board-approved event; to clarify which on-premises retail licensees areeligible to apply for a brew pub permit and allow brew pubs to sell growlers of beer to consumers for off-premises consumption; to create a new wine pub permit thatallows for the manufacturing and the sale of wine to consumers; to require ABRAto establish a new licensee orientation class; to permit the issuance of additionalretailer’s class B licenses if the total number of retailer’s class B licenses is lessthan 300; to clarify the required elements of a security plan; to require notice of  placarded license applications to citizens associations registered with ABRA; toclarify the voluntary agreement enforcement penalties available to the Board; toclarify the conditions that are permitted to be in a voluntary agreement; to create astipulated license fee; to correct a technical error by deleting the term “new owner license renewal” from D.C. Code § 25-601; to require a group of five or moreresidents or property owners to be within a 400 foot radius to qualify for standing;to require citizens associations to give notice to applicants and offer applicants anopportunity to address their voting body at a duly scheduled meeting; to clarify theimpact of a voluntary agreement submitted by an affected ANC when a protest of alicense application is pending; to allow Sunday alcoholic beverage sales by11234567891011121314151617181920212223242526272829303132333435363738394041421
 
retailer’s class A licensees; to eliminate the requirement that on-premises licenseesregister for an additional hour of alcohol sales due to daylight saving time on thesecond Sunday of March starting in Fiscal Year 2014; to clarify that D.C. Code §25-725 does not apply to heating, ventilation, and air conditioning services; torequire that windows and doors of an establishment remain closed for a noiseviolation under D.C. Code § 25-725 to occur; to establish an affirmative defense toa violation of D.C. Code § 25-783(a) that the person was 21 years of age or older;to create a fee for maintaining licenses in safekeeping; to require that aninvestigation be conducted before taking summary enforcement action against alicensee; to allow the Board to fine a licensee $30,000 and suspend a license for 30consecutive days for a fourth primary tier violation within four years; to make it a primary tier violation to sell or serve alcoholic beverages on a suspended or expiredlicense or a license held in safekeeping; to make it a primary tier violation for failure to comply with the statutory food requirements; to require ABRA tomaintain a noise complaint line and track noise complaints; to amend Title 42 of theDistrict of Columbia Official Code to require real estate brokers and propertymanagers to notify potential buyers and tenants of their rights under the District’snoise laws; and to amend Title 6 of the District of Columbia Official Code to createnew soundproofing requirements for mixed use buildings constructed after January1, 2013.BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA,That this act may be cited as the “Omnibus Alcoholic Beverage Regulation AmendmentAct of 2012”.Sec. 2. Title 25 of the District of Columbia Official Code is amended as follows:(a) Section 25-101 is amended as follows:(1) A new paragraph (32A) is added to read as follows:“(32A) “Miniature” means an alcoholic beverage in a sealed container holding 50 milliliters or less.”.(2) Paragraph (34) is amended by replacing the word “buttocks” with theword “anus”.(3) A new paragraph (35A) is added to read as follows:2123456789101112131415161718192021222324252627282930311
 
“(35A) “Overconcentration” means where there exists a number of licensedestablishments that adversely affect a specific locality, section, or portion of the District of Columbia, including consideration of the appropriateness standards under section 25-313(b).”.(4) Paragraph (56) is amended by replacing the phrase “14%” with the phrase “15%”.(b) Section 25-112 is amended as follows:(1) Section 25-112(a) is amended by adding the sentence “An off-premisesretailer’s class B license, issued to a full-service grocery store that meets the requirementsof section 25-331(d), may also sell beer to patrons for off-premises consumption in bottlesor other closed containers that have been resealed by the licensee at the licensedestablishment provided that the capacity of each individual container sold is 64 ounces or less.(2) Section 25-112(c) is amended by adding a new paragraph (2A) to readas follows:“(2A) Licensees under a temporary license or an on-premises retailer’sclass C or D license, if the alcoholic beverages were purchased by the off-premises retailer from a licensee under a wholesaler license or brought into the District under a validlyissued import permit; provided, that sales to an on-premises retailer’s class C and Dlicense, may be made only on a Saturday, Sunday, or holiday during the hours whenlicensees under a wholesaler’s license are closed; provided further, that an on-premisesretailer’s licensee shall maintain on the licensed premises for three years either a receipt or invoice containing:312345678910111213141516171819202122231

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