D.C. Mun. Regs. tit. 23, r. 23-199

Current through Register Vol. 71, No. 44, November 1, 2024
Rule 23-199 - DEFINITIONS
199.1

When used in this title, the following terms and phrases shall have the meanings ascribed:

ABRA - the Alcoholic Beverage Regulation Administration.

Act - Title 25, D.C. Code Enactment and Related Amendments Act of 2001.

ANC - an Advisory Neighborhood Commission.

Applicant - a person who has made an application for licensure or for a permit, and who has an application pending before the Board.

Back-up drinks - shall include second drinks served as part of a "two-for-one" promotion, second drinks served just prior to last call, and second drinks provided complimentary by the licensee or purchased by other patrons. Except as provided in the preceding sentence, back- up drinks shall not include two (2) different drinks served together such as a beer or a shot or any other industry drink that can be considered a shot and a mixer. The prohibition against back- up drinks shall also not apply to the service of wine with a meal where the patron has not finished a previously served cocktail, nor shall it apply to containers of alcoholic beverages served in accordance with 23 DCMR § 721.

Board - the Alcoholic Beverage Control Board.

Board-approved manager - a person, other than the owner, who is licensed by ABRA and is required to be on duty and on the premises during the approved licensed hours of sales, service, and consumption of alcoholic beverages.

Bottle service - the service of alcoholic beverages in any container holding multiple servings of alcoholic beverages.

Customer - the event host who contracts for catering services.

Date of Adjudication - The date a Board Order is issued in an enforcement action where there is a finding of liability; the date of payment of a fine resulting from a citation or a staff settlement; or the date of the Board's acceptance of an offer in compromise.

Date of Violation - The date on which the infraction was committed, as listed on the relevant case report.

Entertainment - live music or any other live performance conducted by an actual person or persons, including but not limited to: live bands, karaoke, comedy shows, poetry readings, and disc jockeys. The operation of a jukebox, a television, a radio, or other prerecorded music shall not be considered entertainment.

Fact-finding hearing - a hearing held by the Board to obtain further information from an applicant in response to either (1) a licensing request or (2) an investigation conducted by ABRA.

Full-service grocery store -

(A) A self-service retail establishment independently owned or part of a corporation operating a chain of retail establishments under the same trade name that:
(i) Is licensed as a grocery store under § 47 -2827; and
(ii) Offers for sale a full line of food products that includes at least six (6) of the seven (7) following food categories:
(a) Fresh fruits and vegetables,
(b) Fresh and uncooked meats, poultry and seafood;
(c) Dairy products;
(d) Canned foods;
(e) Frozen foods;
(f) Dry groceries and baked goods; and
(g) Non-alcoholic beverages.
(B) A "full-service grocery store" in subparagraph (A) may include related service departments, such as a bakery, pharmacy, or flower shop, as well as departments that offer household products and sundries.
(C) A retail establishment shall meet the primary business and purpose standard described in Title 25 of the D.C. Official Code if (1) a minimum of fifty percent (50%) of the store's square feet of selling area is dedicated to the sale of the food categories listed in (A)(ii) above; or (2) a minimum of six thousand (6,000) square feet of the store's selling area is dedicated to the sale of the food categories listed in (A)(ii) above.
(D) A retail establishment that meets either standard set forth in subparagraph (C) must also dedicate a minimum of five percent (5%) of the store's selling area set aside for the sale of food items listed in subparagraph (A) to each of six (6) of the seven (7) food categories listed in subsection (A)(ii).
(E) The term "selling area" means the area in a retail establishment that is open to the public and does not include storage areas, preparation areas, or rest rooms.
(F) The definition of "full-service grocery store" contained in this subsection shall apply to license applications being considered by the Board for approval on or after January 14, 2013.

Instant Case - The case currently before the Board that is pending adjudication. The date of violation in the instant case controls the beginning point of the review period.

Legitimate theater - the premises in which the principal business shall be the operation of live theatrical, operatic, or dance performances, the operation of recreational facilities, the viewing of motion picture films, or such other lawful adult entertainment as the Board, giving due regard to the convenience of the public and the strict avoidance of sales prohibited by Title 25 of D.C. Official Code, shall classify as a legitimate theater.

Letter of information - a written request from the Board for further factual information in response to a request for an advisory opinion.

Licensure period - the period of time between the authorized beginning and expiration dates for each license.

Menu - any presentation, whether written, spoken, or visual, of food offerings regularly available in a restaurant.

Offer in Compromise - A negotiation between the Government and the Respondent to settle the charges brought by the Government for those violations committed by the Respondent in the instant case.

OTR - Office of Tax and Revenue

Placards - written notices posted at an establishment for the purpose of notifying the public of action involving a license.

Primary American source - the manufacturer, distiller, rectifier, vintner or importer of the brand of alcoholic beverages at the time that the beverage became a marketable product in the United States, or its duly authorized agent.

Prior Adjudication - Violations that have been adjudicated and can therefore be counted for purposes of computing violation history.

Problem event - disruptive activity or conduct at a catered location that adversely affects one or more of the appropriateness standards set forth in D.C. Official Code § 25 -313.

Review Period - The period of time immediately preceding the date of violation, as established by statute. Cases adjudicated during the review period are counted for purposes of computing a licensee's violation history.

Roll call hearing - the proceeding specified in a placard posted at an applicant's premises. It is at this hearing that the applicant and the protestant(s) are introduced to each other and where the grounds for objection to the license application are read to the public.

Menu - any presentation, whether written, spoken, or visual, of food offerings regularly available in a restaurant.

Offer in Compromise - A negotiation between the Government and the Respondent to settle the charges brought by the Government for those violations committed by the Respondent in the instant case.

OTR - Office of Tax and Revenue

Placards - written notices posted at an establishment for the purpose of notifying the public of action involving a license.

Primary American source - the manufacturer, distiller, rectifier, vintner or importer of the brand of alcoholic beverages at the time that the beverage became a marketable product in the United States, or its duly authorized agent.

Prior Adjudication - Violations that have been adjudicated and can therefore be counted for purposes of computing violation history.

Problem event - disruptive activity or conduct at a catered location that adversely affects one or more of the appropriateness standards set forth in D.C. Official Code § 25 -313.

Review Period - The period of time immediately preceding the date of violation, as established by statute. Cases adjudicated during the review period are counted for purposes of computing a licensee's violation history.

Roll call hearing - the proceeding specified in a placard posted at an applicant's premises. It is at this hearing that the applicant and the protestant(s) are introduced to each other and where the grounds for objection to the license application are read to the public.

Safekeeping hearing - the proceeding held by the Board to determine whether reasonable cause exists to extend the period that a license is held in safekeeping or whether the license should be cancelled.

Service - unless the context indicates a different meaning, the term means to directly or indirectly provide, give, furnish, or distribute for the consumption of alcoholic beverages.

Solicitor - a person licensed by ABRA who is a representative of the wholesaler or manufacturer whose name appears on the solicitor's license and who is permitted to sell alcoholic beverages on behalf of the wholesaler or manufacturer.

Sports wagering - shall have the same meaning as in D.C. Official Code § 36-601.01(c)(17).

Staff Settlement - An agreement offered by ABRA to the Respondent to voluntarily resolve a violation in order for the Respondent to avoid further legal action.

Stipulated license - a temporary license issued to an applicant who has received a written letter of support from the ANC where the establishment is located that complies with the Board procedures set forth in § 200.1. This type of license shall be issued to the applicant only after the time that placards have been posted by the establishment and shall expire when the applicant receives a permanent license or is protested by an entity with standing under D.C. Official Code § 25-601, whichever comes first.

Status hearing - the proceeding where the parties inform the Board of their progress in attempting to resolve the contested case through informal negotiations. It is at this hearing where the parties can request the Board to schedule the contested case for an official settlement conference or a protest hearing.

Title - Title 23 of the District of Columbia Municipal Regulations.

Violation - An infraction or breach of the law or regulation.

Violation History - The number of primary and secondary tier adjudications that were finalized during the relevant review period.

D.C. Mun. Regs. tit. 23, r. 23-199

Final Rulemaking published at 51 DCR 4309 (April 30, 2004); as amended by Final Rulemaking published at 55 DCR 12991 (December 26, 2008); as amended by Final Rulemaking published at 60 DCR 11574 (August 9, 2013); amended by Final Rulemaking published at 63 DCR 8877 (6/29/2016; amended by Final Rulemaking published at 64 DCR 1357 (2/10/2017); amended by Final Rulemaking published at 66 DCR 001822 (2/8/2019); amended by Final Rulemaking published at 67 DCR 14482 (12/11/2020); amended by Final Rulemaking published at 68 DCR 7421 (7/30/2021)
Authority: D.C. Official Code §§ 25-211(b) (2012 Supp.) and Mayor's Order 2001-96 (June 28, 2001), as revised by Mayor's Order 2001-102 (July 23, 2001).