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Councilmember Christina Henderson Councilmember Brooke Pinto
A BILL 1
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IN THE COUNCIL OF THE DISTRICT OF COLUMBIA 5
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To amend Title 25 of the District of Columbia Official Code to define the term 9
“intoxicated”, to clarify that licensed establishments can only be held liable for 10
consequent injury and damages if they knowingly serve, sell, or deliver alcohol to 11
a person under 21 years of age or a person that is obviously or noticeably 12
exhibiting signs of intoxication, to limit civil action to third parties, and to cap 13
monetary damages in civil actions. 14
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BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, 16
That this act may be cited as the “Dram Shop Clarification Amendment Act of 2023”. 17
Sec. 2. Title 25 of the District of Columbia Official Code is amended as follows: 18
(a) Chapter 1 is amended as follows: 19
(1) Section 25-101 is amended by adding a new paragraph (26A) to read 20
as follows: 21
“(26A) ‘Intoxicated’ means a condition in which a person has consumed enough 22
alcoholic beverages to observably affect their manner, disposition, speech, muscular 23
movement, or general appearance of behavior”. 24
(b) Chapter 7 is amended as follows: 25
(1) Section 25-781(a) is amended to read as follows: 26
“(a) Knowingly selling or delivering alcoholic beverages to the following persons 27
is prohibited. 28
(2) Section 25-781(a)(2) is amended to read as follows: 29
“(2) An obviously intoxicated person, or person who is in a state of noticeable 30 2
intoxication.” 31
(3) Section 25-781(b) is amended to read as follows: 32
“(b) A retail licensee shall not knowingly permit at the licensed establishment the 33
consumption of alcoholic beverages by any of the following persons:” 34
(4) Section 25-781(b)(2) is amended to read as follows: 35
“(2) An obviously intoxicated person, or a person who is in a state of noticeable 36
intoxication.” 37
(5) Section 25-781 is amended by adding a new subsection d-1 to read as 38
follows: 39
“(d-1) No licensee is civilly liable to any injured individual or his or her estate 40
for any injury to such individual or damage to any property suffered because of the 41
intoxication of any person due to the sale, delivery, or service of any alcohol beverage to 42
such person, except when it is proven that the licensee knowingly sold, delivered, or 43
served an alcohol beverage to a person under 21 years of age or a person who was 44
obviously or noticeably intoxicated.” 45
(6) Section 25-781 is amended by adding a new subsection d-2 to read as 46
follows: 47
“(d-2) No civil action may be brought pursuant to this subsection (25-781) 48
by the person to whom the alcohol beverage was sold or served or by his or her estate, 49
legal guardian, or dependent.” 50
(7) Section 25-781 is amended by adding a new subsection d-3 to 51
read as follows: 52
“(d-3) In any civil action brought pursuant to this subsection (3), the total liability 53 3
in any such action shall not exceed $250,000.” 54
Sec. 3. Fiscal impact statement. 55
The Council adopts the fiscal impact statement in the committee report as the 56
fiscal impact statement required by section 4a of the General Legislative Procedures Act 57
of 1975, approved October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a). 58
Sec. 4. Effective date. 59
This act shall take effect following approval by the Mayor (or in the event of veto 60
by the Mayor, action by the Council to override the veto), a 30-day period of 61
congressional review as provided in 602(c)(2) of the District of Columbia Home Rule 62
Act, approved December 24, 1973 (87 Stat. 813; D.C. Official Code § 1-206.02(c)(1)), 63
and publication in the District of Columbia Register. 64