D.C. Act 24-380. Streatery and Pop Up Emergency Amendment Act of 2022.
AN ACT
To amend, on an emergency basis, section 25-113 of the District of Columbia Official Code to make amendments to the law regulating the Streatery and Pop Up programs.
BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this act may be cited as the "Streatery and Pop Up Emergency Amendment Act of 2022".
Sec. 2. Section 25-113(a) is amended as follows:
(a) Paragraph (3) is amended by adding a new subparagraph (D) to read as follows:
"(D)(i) An on-premises retailer's licensee, class C/R, D/R, C/T, D/T, C/H, D/H, C/N, D/N, C/X, or D/X, including a multipurpose facility or private club, that is registered with the Board under subparagraph (C) of this paragraph may also register with the Board to sell to a consumer beer, wine, or spirits in closed containers accompanied by one or more prepared food items for off-premises consumption from up to 2 additional locations other than the licensed premises. Board approval shall not be required for the additional registration under this paragraph; provided, that:
"(I) The licensee separately registers with the Board, pays a fee of $100, and receives written authorization from ABRA prior to offering alcoholic beverages to consumers for carryout or delivery at an additional location;
"(II) The licensee, the additional location's owner, or a prior tenant at the additional location possesses a valid certificate of occupancy for the building used as the additional location, unless the additional location is located on outdoor private space;
"(III) The licensee has been legally authorized by the owner of the building or the property utilized as the additional location to utilize the space for carryout or delivery to a consumer;
"(IV) The licensee agrees to follow all applicable Department of Consumer and Regulatory Affairs and Department of Health laws and regulations; and
"(V) The additional location from which the licensee intends to offer alcoholic beverages to a consumer for carryout or delivery is located in a commercial or mixed-use zone as defined in the District's zoning regulations.
"(ii) The on-premises retailer licensee shall not offer, beer, wine, or spirits to a consumer for carryout and delivery on public space; except, that an additional location permitted pursuant to this subparagraph may include a sidewalk café that has been issued a public space permit by the District Department of Transportation.
"(iii) The on-premises retailer licensee who has registered to sell beer, wine, or spirits for carryout or delivery to a consumer in accordance with this subparagraph shall do so only at an additional location.
"(iv) An on-premises retailer licensee who has registered to sell beer, wine, or spirits for carryout or delivery to a consumer pursuant to this subparagraph may do so for no more than 60 calendar days; except, that upon approval by the Board of a written request from an on-premises licensee to extend carryout or delivery alcohol sales to a consumer from the additional location pursuant to this subparagraph, the licensee may continue for one additional 30 calendar-day period. A licensee shall not sell beer, wine, or spirits for carryout or delivery to a consumer for off-premises consumption from the additional location for more than 90 calendar days unless a completed application to do so has been filed with the Board with notice provided to the public in accordance with § 25-421.
"(v) The on-premises retailer licensee registered to sell alcoholic beverages for carryout or delivery to a consumer from an additional location in accordance with this subparagraph is authorized only between the hours of 6:00 a.m. and 1:00 a.m., 7 days a week.
"(vi) The Board may fine, suspend, cancel, or revoke an on-premises retailer's license and shall revoke its registration to sell beer, wine, or spirits for carryout and delivery to a consumer at the additional location if the licensee fails to comply with sub- subparagraphs (i) through (v) of this subparagraph.
"(vii) This subparagraph shall expire on December 31, 2023.".
(b) A new paragraph (6) is added to read as follows:
"(6)(A) An on-premises retailer licensee, class C/R, D/R, C/T, D/T, C/H, D/H, C/N, D/N, C/X, or D/X, including a multipurpose facility or private club, or a manufacturer licensee, class A, B, or C, with an on-site sales and consumption permit, or a Convention Center food and alcohol business may register with the Board in 2022 and 2023 to sell, serve, and permit the consumption of beer, wine, and spirits to consumers on new or expanded temporary ground floor or street level outdoor public or private space not listed on its existing license for the entire 12 months of 2022 and 2023. Board approval shall not be required to register; provided, that the licensee:
"(i)(I) Registers with the Board in 2022 and 2023;
"(II) Pays a $100 fee;
"(III) Notifies the Office of Advisory Neighborhood Commissions by electronic mail of the registration; and
"(IV) Receives written authorization from ABRA prior to selling, serving, or permitting the consumption of alcoholic beverages on the proposed outdoor public or private space;
"(ii) Registers with the District Department of Transportation ("DDOT") prior to operating on any proposed outdoor public space or receives written approval from the property owner prior to utilizing any proposed outdoor private space; and
"(iii) Agrees to follow all applicable Mayor's Orders and Department of Consumer and Regulatory Affairs, Department of Health, DDOT, and ABRA regulations and administrative issuances.
"(B) An on-premises retailer licensee, class C or D, or a manufacturer licensee, class A, B or C, with an on-site sales and consumption permit or a Convention Center food and alcohol business that has registered with the Board and receives written authorization from ABRA to sell, serve, and permit the consumption of beer, wine, and spirits to seated patrons on outdoor public or private space not listed on its license in accordance with subparagraph (A) of this paragraph shall:
"(i) Ensure that the proposed outdoor public or private space is located in a commercial or mixed-use zone as defined in the District's zoning regulations;
"(ii) Abide by the terms of its public space permit with regard to the allowable placement of alcohol advertising, if any, in outdoor public space; and
"(iii) Have its own clearly delineated outdoor space and not share tables and chairs with another business.
"(C) Registration under subparagraph (A) of this paragraph shall be valid for the entire 12 months of 2022 and 2023. The Board may fine, suspend, or revoke an on-premises retailer licensee, class C or D, or a manufacturer licensee, class A or B, with an on-site sales and consumption permit, and shall revoke the registration to sell, serve, or permit the consumption of beer, wine, or spirits on outdoor public or private space not listed on the license if the licensee fails to comply with subparagraph (A) or (B) of this paragraph.
"(D)(i) Notwithstanding subparagraph (B) of this paragraph, the Board shall interpret settlement-agreement language that restricts sidewalk cafés or summer gardens as applying only to those outdoor spaces that are currently licensed by the Board as sidewalk cafés or summer gardens.
"(ii) The Board shall not interpret settlement-agreement language that restricts or prohibits sidewalk cafés or summer gardens to apply to new or expanded outdoor space, the use of which is permitted under this paragraph.
"(iii) The Board shall not interpret settlement-agreement language that restricts or prohibits the operation of permanent outdoor space to prohibit the temporary operation of sidewalk cafés or summer gardens.
"(iv) The Board shall require all on-premises retailer licensees, class C or D, or manufacturer licensees, class A or B, with an on-site sales and consumption permit, to delineate or mark currently licensed outdoor space from new or extended outdoor space authorized by DDOT or the property owner.
"(v) With regard to existing outdoor public or private space, parties to a settlement agreement shall be permitted to waive provisions of the settlement agreement that address currently licensed outdoor space for a period not to exceed 180 days.
"(E) For purposes of this paragraph, ground floor or street level sidewalk cafés or summer gardens enclosed by awnings or tents having no more than 2 sides shall be considered outdoor space, and areas enclosed by retractable glass walls and other forms of operable walls shall not be considered outdoor space. Temporary unlicensed rooftops and summer gardens not located on the ground floor or street level are not eligible for registration under subparagraph (A) of this paragraph.".
Sec. 3. Fiscal impact statement.
The Council adopts the fiscal impact of the Budget Director as the fiscal impact statement required by section 4a of the General Legislative Procedures Act of 1975, approved October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a).
Sec. 4. Effective date.
This act shall take effect following approval by the Mayor (or in the event of veto by the Mayor, action by the Council to override the veto), and shall remain in effect for no longer than 90 days, as provided for emergency acts of the Council of the District of Columbia in section 412(a) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 788; D.C. Official Code § 1-204.12(a)).
