§ 25–110. Manufacturer’s licenses.

(a) The following licenses shall be issued to manufacturers of alcoholic beverages:

(1)(A) A manufacturer’s license, class A, shall authorize the licensee to:

(i) Operate a rectifying plant, at the place therein described, for the manufacture of the products of rectification by purifying or combining alcohol, spirits, wine, or beer; a distillery for the manufacture of alcohol or spirits by distillation or redistillation; or a winery for the manufacture of wine; and

(ii) Sell and deliver the products manufactured under the license from the licensed establishment to another licensee under this title for resale or to a dealer licensed under the law of any state or territory of the United States for resale or to a consumer. Except as provided in § 25-126, the licensee may sell and deliver wine and spirits to the consumer only in barrels, cans, kegs, and sealed bottles, which shall not be opened after sale or the contents consumed on the premises where sold.

(B) A manufacturer operating a facility where more than 50% of alcohol produced is sold for nonbeverage purposes qualifies for a reduced license rate.

(2)(A) A manufacturer’s license, class B, shall authorize the licensee to operate a brewery for the manufacture of beer at the establishment described in the license.

(B) The license shall authorize the licensee to sell and deliver the beer manufactured under the license to (i) another licensee under this title for resale; (ii) to a dealer licensed under the laws of any state or territory of the United States for resale; and (iii) to a consumer. Except as provided in § 25-126, the licensee may sell beer to the consumer only in barrels, cans, kegs, and sealed bottles, which shall not be opened after sale, or the contents consumed, on the premises where sold.

(C)(i) A holder of a manufacturer's license, Class B, that collaborates with another brewery, regardless of jurisdiction, to use the beer brewed at the licensed premises or the licensee's beer recipe to produce a new beer at another location may sell and deliver the new beer to a consumer in growlers and crowlers for off-premises consumption; provided, that the growlers and crowlers shall not be opened after sale or the contents consumed on the premises sold.

(ii) For the purposes of sub-subparagraph (i) of this subparagraph, the container containing the beer produced by the holder of a manufacturer's license, Class B, in collaboration with another brewery, shall contain the names of both breweries.

(3)(A) A manufacturer’s license, class C, shall authorize the licensee to operate a facility for the manufacture of alcohol-infused confectionery food products at the establishment described in the license.

(B) The license shall authorize the licensee to sell the alcohol-infused confectionary food products manufactured under the license to:

(i) Another licensee licensed under this title for resale;

(ii) A dealer licensed under the law of any state or territory of the United States for resale; and

(iii) A consumer.

(D) Alcohol-infused confectionery food products shall not contain alcohol in excess of 5% by volume.

(E) All alcohol-infused confectionery food products that are manufactured or sold that contain between one-half of one percent and 5% of alcohol by volume:

(i) Shall not be sold to individuals under 21 years of age;

(ii) Shall state on the label that the sale of the product to an individual under 21 years of age is prohibited;

(iii) Shall state on the label the brand of alcohol used in the alcohol-infused confectionery food product; and

(iv) Shall state on the label that the alcohol-infused confectionery food product contains alcohol up to 5% by volume.

(F) A manufacturer’s license, class C, shall be required to obtain and maintain all appropriate licenses required by the Department of Health related to the sale and manufacture of alcohol-infused confectionery food products.

(G) The minimum annual fee for a class C manufacturer’s license shall be $1,000.

(H) A holder of a manufacturer's license, class C, that owns 2 or more locations shall be permitted to transport products from one location to the other location that the licensee owns.

(4) A manufacturer's license shall not be required for persons who manufacture beer or wine at their residence; provided, that the wine or beer is for personal consumption only and not for resale.

(a-1)(1) Subject to paragraph (2) of this subsection, a holder of a manufacturer's license, class A, that collaborates with another winery, regardless of jurisdiction, to use the wine manufactured at the licensed premises or the licensee's wine recipe to produce a new wine at another location may sell and deliver the new wine to a consumer in growlers and crowlers for off-premises consumption; provided, that the growlers and crowlers shall not be opened after sale or the contents consumed on the premises sold.

(2) The container containing the wine produced by the holder of the manufacturer's license, class A, in collaboration with another winery, shall contain the names of both wineries.

(b) A separate license shall be required for each establishment under subsection (a)(1)(A)(i) of this section.

(c) A holder of a manufacturer's license, class A or B, that owns 2 or more breweries, wineries, or distilleries in the District shall be permitted to transport alcoholic beverages manufactured at one brewery, winery, or distillery to the other brewery, winery, or distillery.

(d)(1) A holder of a manufacturer's license, class A, B, or C, may file for a one-day substantial change permit, as defined by regulation, with the Board seeking permission to allow for the on-premises consumption of alcoholic beverages as part of a specific event.

(2) Subject to paragraph (3) of this subsection, the Board, in its discretion, may grant the one-day substantial change permit request unless it determines that the activities sought by the licensee are otherwise prohibited by its license or a Board-approved settlement agreement.

(3) The Board shall not grant a substantial change permit request made pursuant to this subsection to a licensee more than 12 times in a calendar year.

(Jan. 24, 1934, 48 Stat. 324, ch. 4, § 11; Apr. 30, 1934, 48 Stat. 654, ch. 181, § 1; June 18, 1934, 48 Stat. 997, ch. 588; July 2, 1935, 49 Stat. 444, ch. 359; Aug. 27, 1935, 49 Stat. 898, 899, ch. 756, §§ 3-7; June 15, 1938, 52 Stat. 691, ch. 396, §§ 1, 2; May 27, 1949, 63 Stat. 133, ch. 146, title V, § 501; June 29, 1953, 67 Stat. 103, ch. 159, § 404(d); May 31, 1962, 76 Stat. 89, Pub. L. 87-470, § 1; Dec. 8, 1970, 84 Stat. 1393, Pub. L. 91-535, § 2; Apr. 6, 1977, D.C. Law 1-102, § 2(a), (b), 23 DCR 8732; Apr. 18, 1978, D.C. Law 2-73, § 3, 24 DCR 7066; Mar. 5, 1981, D.C. Law 3-157, § 2(b), 27 DCR 5117; Sept. 29, 1982, D.C. Law 4-157, §§ 6, 15, 29 DCR 3617; Mar. 10, 1983, D.C. Law 4-204, § 2, 30 DCR 185; Aug. 2, 1983, D.C. Law, 5-16, § 3, 30 DCR 3193; Mar. 8, 1984, D.C. Law 5-51, § 2(a), 30 DCR 5927; Mar. 7, 1987, D.C. Law 6-217, § 5, 34 DCR 907; Aug. 17, 1991, D.C. Law 9-40, § 2(b), 38 DCR 4974; May 24, 1994, D.C. Law 10-122, § 2(e), 41 DCR 1658; Mar. 26, 1999, D.C. Law 12-202, § 2(b), 45 DCR 8412; Apr. 20, 1999, D.C. Law 12-261, § 2003(q)(1), 46 DCR 3142; May 3, 2001, D.C. Law 13-298, § 101, 48 DCR 2959; Sept. 20, 2012, D.C. Law 19-168, § 2112(a), 59 DCR 8025; Feb. 26, 2015, D.C. Law 20-155, § 2002(b), 61 DCR 9990; May 2, 2015, D.C. Law 20-270, § 2(a)(3), 62 DCR 1866; Apr. 7, 2017, D.C. Law 21-260, § 2(a)(2), 64 DCR 2079; Oct. 30, 2018, D.C. Law 22-165, § 2(a)(3), 65 DCR 9366; Feb. 21, 2020, D.C. Law 23-54, § 2(a)(3), 67 DCR 28; Mar. 22, 2023, D.C. Law 24-332, § 5, 70 DCR 1582.)

Prior Codifications

1981 Ed., § 25-110.

1973 Ed., § 25-111.

Effect of Amendments

The 2012 amendment by D.C. Law 19-168, in (a)(1)(A)(ii), added “or to a consumer” in the first sentence and added the second sentence.

The 2015 amendment by D.C. Law 20-155 substituted “Except as provided in § 25-126, the licensee may sell beer to the consumer only in barrels, cans, kegs, and sealed bottles” for “The licensee may sell beer to the consumer only in barrels, kegs, and sealed bottles” in (a)(2)(B).

The 2015 amendment by D.C. Law 20-270 substituted “Except as provided in § 25-126, the licensee may sell wine and spirits to the consumer” for “The licensee may sell spirits to the consumer” in (a)(1)(A)(ii); and added (a)(3).

Emergency Legislation

For temporary amendment of section, see § 2(b)(2) of the Alcoholic Beverage Control DC Arena Emergency Amendment Act of 1997 (D.C. Act 12-121, August 1, 1997, 44 DCR 4645), § 2(b) of the Alcoholic Beverage Control DC Arena Legislative Review Emergency Amendment Act of 1997 (D.C. Act 12-174, October 30, 1997, DCR 6914), § 2(b) of the Alcoholic Beverage Control DC Arena Congressional Recess Emergency Amendment Act of 1998 (D.C. Act 12-290, February 27, 1998, 45 DCR 1749), § 2(b) of the Alcoholic Beverage Control DC Arena Emergency Amendment Act of 1998 (D.C. Act 12-478, October 28, 1998, 45 DCR 8010), and § 2(b) of the Alcoholic Beverage Control DC Arena Second Emergency Amendment Act of 1998 (D.C. Act 12-551, December 24, 1998, 45 DCR 517).

For temporary amendment of § 5 of the Alcoholic Beverage Control DC Arena Second Emergency Amendment Act of 1998 (D.C. Act 12-551, December 24, 1998, 45 DCR 517), see § 3 of the Omnibus Regulatory Reform and Alcoholic Beverage Control DC Arena Clarifying Emergency Amendment Act of 1999 (D.C. Act 13-1, January 29, 1999, 46 DCR 2284).

For temporary amendment of the subchapter heading, see § 2(b) of the Omnibus Alcoholic Beverage Regulation Emergency Amendment Act of 2012 (D.C. Act 19-597, January 14, 2013, 60 DCR 1001).

For temporary (90 days) amendment of the subchapter II heading, see § 2(b) of the Omnibus Alcoholic Beverage Regulation Congressional Review Emergency Amendment Act of 2013 (D.C. Act 20-52, April 22, 2013, 60 DCR 6372, 20 DCSTAT 1388).

For temporary (90 days) amendment of this section, see § 2002(b) of the Fiscal Year 2015 Budget Support Emergency Act of 2014 (D.C. Act 20-377, July 14, 2014, 61 DCR 7598, 20 STAT 3696).

For temporary (90 days) amendment of this section, see § 2002(b) of the Fiscal Year 2015 Budget Support Congressional Review Emergency Act of 2014 (D.C. Act 20-449, October 10, 2014, 61 DCR 10915, 20 STAT 4188).

For temporary (90 days) amendment of this section, see § 2002(b) of the Fiscal Year 2015 Budget Support Second Congressional Review Emergency Act of 2014 (D.C. Act 20-566, January 9, 2015, 62 DCR 884, 21 STAT 541).

Temporary Legislation

Section 2(b) of D.C. Law 12-48, in (a), substituted “23” for “22” in the introductory language; and added (7)(G-i).

Section 5(b) of D.C. Law 12-48 provided that the act shall expire after 225 days of its having taken effect.

Editor's Notes

Section 2(b) of D.C. Law 19-310 added “and Permits” in the subchapter heading.