Transcript ABRA Liquor Licensing – Unveiling the Mystery

ABRA
Liquor Licensing –
Unveiling the Mystery
Introduction
Who We Are
The Alcoholic Beverage Regulation Administration (ABRA) issues and renews
licenses that enable qualified businesses to sell and serve alcoholic beverages.
ABRA ensures compliance with the ABC laws and regulations and takes
appropriate enforcement action when licensees violate these laws. When
appropriate, ABRA proposes new laws regulating the manufacture, distribution,
sale, and consumption of alcoholic beverages in the District. ABRA
offers educational training , which assist ABC establishments in preventing
underage individuals from purchasing and consuming alcoholic beverages.
ABRA operates under the authority of a seven-member Alcoholic Beverage
Control Board (Board) that sets policy and parameters for the Agency. Members
of the ABC Board are appointed by the Mayor and are confirmed by the City
Council.
Alcoholic Beverage Regulation Administration October 28, 2011
ABRA Divisions
I.
Licensing
• Responsible for the review and processing of all ABC License
applications
• Ensures all applications meet standards for licensure and
recommends applications to Board for approval
II.
Enforcement
• Ensures licensees remain in compliance in accordance with Title 23 &
Title 25 of the DC Official Code
• Conducts regulatory inspections of licensed establishments
• Issues citations when licensees are found to be in violation of the
laws and regulations
III. Adjudication
• Acts on behalf of the Board in carrying out Board-imposed orders,
actions, fines, penalties, and assists licensees in coming into
compliance.
Alcoholic Beverage Regulation Administration October 28, 2011
Off –Premise License Classes
Class A Licenses
– Retail Stores – Beer, Wine and Spirits
– Wholesaler – Authorized to sell beer, wine, and spirits to other licensed
retailers for resale to consumers.
– Manufacturer – Licensees are authorized to produce, distill and combine
spirits, wine or beer for the purpose of manufacturing and resale to other
licensees.
– Cap on Retailer’s Class A Licenses – Cap amount is 250. ABRA is currently
under this Cap amount and thus new Class A license applications are currently
permitted.
New legislative change: Bill 19-338, the Fiscal Year 2012 Budget Support Emergency
Act of 2011, amends section 722 of the D.C. Code to allow Class A and Class B licensees
to apply to ABRA to sell and deliver alcoholic beverages until Midnight on Monday
through Saturday. Class B licensees are also permitted to apply to ABRA to sell and
deliver wine and beer until midnight on Sundays. Eligible licensees are still required to
file a change of hours application with ABRA to request these later hours. This
legislative change was effective July 1, 2011.
Off-premise licensees are eligible to request later hours only if (1) the licensee does not
have a voluntary agreement, or (2) the voluntary agreement does not contain any
restrictions on hours. There is no fee to apply.
Alcoholic Beverage Regulation Administration October 28, 2011
Off –Premise License Classes
Class B Licenses
– Retail Stores – Beer, Wine, and Groceries
– Wholesaler – Authorized to sell beer and wine to other licensed retailers for
resale to consumers.
– Manufacturer – Licensees are authorized to produce, distill and combine
wine or beer for the purpose of manufacturing and resale to other licensees.
– Cap on Retailer’s Class B Licenses – Cap amount is 300. ABRA is currently
under this Cap amount and thus new Class B license applications are
currently permitted. The Cap excludes Full-Service Grocery Stores.
New Legislative Change: Bill 19-338, the Fiscal Year 2012 Budget Support
Emergency Act of 2011, amends section 722 of the D.C. Code to allow Class A and Class
B licensees to apply to ABRA to sell and deliver alcoholic beverages until Midnight on
Monday through Saturday. Class B licensees are also permitted to apply to ABRA to
sell and deliver wine and beer until midnight on Sundays. Eligible licensees are still
required to file a change of hours application with ABRA to request these later
hours. This legislative change was effective July 1, 2011.
Off-premise licensees are eligible to request later hours only if (1) the licensee does
not have a voluntary agreement, or (2) the voluntary agreement does not contain any
restrictions on hours. There is no fee to apply.
Alcoholic Beverage Regulation Administration October 28, 2011
On–Premise License Classes
Class C Licenses – Beer, Wine & Spirits
– CH – Hotels (Food Requirements)
– CN – Nightclubs and Lounges
– CR – Restaurants with food requirement of 45% or $2k per seat based on
occupancy
– CT – Licensees may be authorized to produce, distill and combine spirits,
wine or beer for the purpose of manufacturing and resale to other licensees
– CX – Multipurpose, Private Clubs, Rail Cars, Marine Vessels
Class D Licenses – Beer & Wine
– DH – Hotels (Food Requirements)
– DN – Nightclubs and Lounges
– DR – Restaurants with food requirement of 45% or $2k per seat based on
occupancy
– DT – Licensees may be authorized to produce, distill and combine spirits,
wine or beer for the purpose of manufacturing and resale to other licensees
– DX – Multipurpose, Private Clubs, Rail Cars, Marine Vessels
Alcoholic Beverage Regulation Administration October 28, 2011
On–Premise License Classes
New Legislative Change:
The Fiscal Year 2012 Budget Support Act of 2011 became law on
September 14, 2011. The Act contains a provision, effective October 1,
2011, that allows Class C and Class D licensees to apply to ABRA to sell
and serve alcoholic beverages beginning at 8:00 a.m. on Sundays. Class
C and D licensees are required to apply and file a change of hours
application with ABRA to request these earlier hours.
On-premise licensees are eligible to request the earlier hours only if (1)
the licensee does not have a voluntary agreement, or (2) the voluntary
agreement does not contain any restrictions on their hours. There is no
fee to apply.
Alcoholic Beverage Regulation Administration October 28, 2011
Caterer’s License
A caterer is defined as a business entity engaged principally in the processing,
preparation, and service of food products that has been prepared especially for
the customer for an event, and the service of alcoholic beverages is incidental to
the food preparation and service. A caterer’s license will not be granted or
maintained by entities that only serve snack items. Snack items are ,but not
limited to, potato chips, popcorn, pretzels, nuts, cookies, and candy.
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Holders of on-premises licenses, classes C or D, may also apply for and hold a caterer’s
license and must file a separate application for the caterer’s license.
Licensed caterers must maintain distinct records regarding their purchase of alcoholic
beverages. Holders of on-premises licenses, classes C or D, must maintain separate distinct
records for the two licenses for their purchase of alcoholic beverages.
Caterers may remove sealed alcoholic beverages containers from the event premises, and
return such containers to the place of purchase (provided the wholesaler and retailer
accepts such a return.)
Licensed caterers are required to furnish reports to ABRA every six months.
Alcoholic Beverage Regulation Administration October 28, 2011
Before The Application
Applicants – Do Your Homework
• Zoning - Make sure the location is zoned for appropriate license
• Measurements – Most new license applications must be within appropriate
distances of schools, libraries, parks, and recreation centers
• DCRA Corporations Division - If applying as an entity (Corp., LLC, LP), it must
be registered with DCRA Corporations Division
• If new construction, please make sure appropriate permits have been issued
or applied for. A liquor license can be approved prior to construction but not
issued until all business licenses are provided
• All applicants must be tax compliant; have no felony convictions within 10
years or misdemeanor convictions within 5 years
Alcoholic Beverage Regulation Administration October 28, 2011
The Application Process
Three Phases
I.
Application Acceptance
Licensing Specialist accepts the application, assesses the
appropriate licensing fees, advertises the application and
prepares placards for posting at the establishment to be licensed
II.
Application Approval
After the 45-day notice period, applications that have not been
protested go to the Board for approval
III.
License Issuance
Licensing Specialist makes sure all documentation is complete, all
appropriate business licenses and certificates are provided by
the applicant and all entities and individuals are tax compliant
before the license is issued
Alcoholic Beverage Regulation Administration October 28, 2011
The Application Process
I.
New Application Acceptance
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Application Package is Complete
All documents supporting the entity and individuals accompany
the application package
Letter of Intent to Lease or Lease Agreement is submitted
Zoning Certification
Certificate of Good Standing
Financial Affidavit
II.
Transfer Application Acceptance
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No Substantial Change Form
Transfer Consent Form
Alcoholic Beverage Regulation Administration October 28, 2011
The Placard Process
III.
For New Applications
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45-Day Notification Period
Placards must be posted and remain visible through the posting and
petition dates. Failure to post can result in new placards with new dates
extending the placard period
Applicant can request stipulated license with letter of support from ANC
while placards are posted
Applicant must cease sale and service of alcohol if application is
protested and protest is determined valid while applicant is operating on
the stipulated license
Only on-premise, wholesaler, and manufacturer licenses are eligible for
stipulated license
Contested licenses must be resolved through Adjudicative process
before license application can be approved
No placards are issued for Transfer of Ownership Applications with no
changes to the nature of operations
Alcoholic Beverage Regulation Administration October 28, 2011
The Application Process
IV.
New Application Approval
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Landlord Affidavit
Menu (if applicable)
Exterior pictures and interior diagram of layout
Police Clearances from all individuals (DC and jurisdiction in
which applicant resides if outside of DC)
Diagrams or photographs of area designated for Summer Garden
or Sidewalk Café
New License issuance
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All appropriate licenses and certificates from DCRA and OTR
Certificate of Occupancy
Settlement Statement
Clean Hands Certification
Final Inspection conducted by Enforcement
Alcoholic Beverage Regulation Administration October 28, 2011
The License Renewal Process
I.
Renewal Application and License Issuance
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Complete Renewal Application
Must be signed and notarized by Board approved officers
Provide evidence of Good Standing with DCRA Corporations
Entity and Officer must be Clean Hands Compliant
New license is then issued
Renewal Placards
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Placards are posted for 45 days
License renewal is not complete until placard period ends
Protests on renewed licenses do not impede operation of the
establishment – licensee can continue to sell and serve
Renewal process is complete after protests have been resolved
All Licenses come up for renewal every three years.
Alcoholic Beverage Regulation Administration October 28, 2011
More Information
Alcoholic Beverage Regulation Administration
2000 14th Street, NW, Suite 400 South
Washington, DC 20009
www.abra.dc.gov
Phone: (202) 442-4423
Fax: (202) 442-9563
TTY: (746) 777-7776
Office Hours
Monday through Friday, 8:30 am to 4 pm; license processing ends at 3:30 pm
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