D.C. Mun. Regs. tit. 23, r. 23-212

Current through Register Vol. 71, No. 44, November 1, 2024

Rule 23-212 - SPECIAL LICENSING PROVISIONS

212.1

No holder of an on-premises retailer's license, class C or D, shall sell or serve alcoholic beverages in closed containers, with the following exceptions:

(a) Holders of class CH and DH Hotel licenses may sell and serve alcoholic beverages in closed containers in the private rooms of their registered guests; and

(b) Holders of class CX and DX Club licenses may sell and serve alcoholic beverages in closed containers in any room or area available only to bona fide members of the club or their guests.

212.2

A restaurant located within a pavilion, shopping mall, or shopping center may be allowed to sell beer, wine or spirits to customers for on-premises consumption; provided that:

(a) The restaurant or delicatessen holds the appropriate on-premises retailer's license;

(b) Alcoholic beverages are consumed on the licensed premises or within the common areas of the pavilion, shopping mall, or shopping center approved by the Board, which shall be deemed part of the licensed establishment for purposes of D.C. Official Code § 25-113; and

(c) The alcoholic beverage containers bear the licensed establishment's name.

212.3

The Board shall not grant an on-premises retailer's license, class CN or DN, to a hotel unless the hotel holds an on-premises retailer's license, class CH or DH.

212.4

Nothing in this section shall preclude the holder of an off-premises retailer's license, class A or B, from having tables and chairs available to their customers either inside or outside, provided that alcoholic beverages are not opened or consumed on the licensed premises.

212.5

Notwithstanding § 212.4, an off-premises retailer's license, class B, that qualifies as a full-service grocery store, and possesses an on-premises retailer's license class, CR or DR, may sell and serve alcoholic beverages for on-premises consumption.

D.C. Mun. Regs. tit. 23, r. 23-212

Final Rulemaking published at 51 DCR 4309 (April 30, 2004); as amended by Final Rulemaking published at 55 DCR 12991 (December 26, 2008); amended by Final Rulemaking published at 68 DCR 7421 (7/30/2021)