District Of Columbia 2023-2024 Regular Session

District Of Columbia Council Bill B25-1038 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2	MURIEL BOWSER
3	3	MAYOR
4	4
5	5
6	6
7	7	November 19, 2024
8	8
9	9	The Honorable Phil Mendelson
10	10	Chair
11	11	Council of the District of Columbia
12	12	1350 Pennsylvania Avenue, N.W., Suite 506
13	13	Washington, D.C. 20004
14	14	Dear Chairman Mendelson:
15	15	Today, I am transmitting to the Council of the District of Columbia (Council) for its
16	16	consideration and enactment the “Streatery Program and Protest Process Emergency Amendment
17	17	Act of 2024,” “Streatery Program and Protest Process Temporary Amendment Act of 2024,”
18	18	“Streatery Program and Protest Process Amendment Act of 2024,” and the accompanying
19	19	emergency declaration resolution. Please find enclosed a copy of the permanent, emergency and
20	20	temporary versions of the bill, as well as the accompanying emergency declaration resolution.
21	21
22	22	During the pandemic, streateries become a vital part of the District’s hospitality industry. In
23	23	order to maximize the benefit of this new privilege and to balance the interests of businesses and
24	24	residents, the attached amendments will (1) allow a location under the jurisdiction of the
25	25	Washington Convention and Sports Authority with commercial street frontage to register for a
26	26	streatery; (2) mandate that alcohol businesses obtain a streatery endorsement valid for 3 years
27	27	from the Alcoholic Beverage and Cannabis Board to operate a streatery beginning in 2025; and
28	28	(3) require streatery endorsement applications to undergo a 45-day public comment period.
29	29
30	30	Based on the current utilization of streateries by the District’s hospitality industry and the interest
31	31	in applying for new streateries, I am submitting the permanent, emergency, and temporary bills
32	32	to the Council for prompt and favorable action.
33	33
34	34
35	35	Sincerely,
36	36
37	37
38	38
39	39	Muriel Bowser
40	40	Mayor
41	41
42	42	Enclosure 1
43	43	2
44	44	3
45	45	4
46	46	5
47	47	6
48	48	7
49	49	8
50	50	9
51	51	10
52	52	11
53	53	12
54	54	~~
55	55	Chairman Phil Mendelson
56	56	at the request
57	57	of the Mayor
58	58	A BILL
59	59	IN THE COUNCIL OF THE DISTRICT OF COLUMBIA
60	60	13 To amend, on an emergency basis, Title 25 of the District of Columbia Official Code to
61	61	14 allow a location under the jurisdiction of the Washington Convention and Sports
62	62	15 Authority with commercial street frontage to register for a streatery; to require
63	63	16 that alcohol businesses obtain a streatery endorsement valid for 3 years from the
64	64	17 Alcoholic Beverage and Cannabis Board to operate a streatery beginning in 2025;
65	65	18 and to require streatery endorsement applications to undergo a 45-day public
66	66	19 comment period.
67	67	20
68	68	21 BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA,
69	69	22 That this act may be cited
70	70	as the "Streatery Program and Protest Process Emergency
71	71	23 Amendment Act of 2024".
72	72	24
73	73	25 Sec. 2. Title 25 of the District of Columbia Official Code is amended as follows:
74	74	26
75	75	27 (a) Chapter
76	76	1 is amended as follows:
77	77	28
78	78	29 (1) Section 25-101 is amended as follows:
79	79	30 (A) A new paragraph (50A)
80	80	is added to read as follows:
81	81	31 "( 50A) "Streatery" means any authorized occupation of the parking lane
82	82	32
83	83	of a roadway or use of designated parts of an alley network or travel lane, not including a
84	84	33 sidewalk, used specifically for outdoor dining or seating by a licensed on-premises
85	85	34 retailer or manufacturer or a Washington Convention and Sports Authority food and
86	86	35 alcohol business that is licensed or registered with the Board.".
87	87	36 (B) A new paragraph (55A)
88	88	is added to read as follows:
89	89	1 2
90	90	“(55A) “Washington Convention and Sports Authority food and alcohol 1
91	91	business” means a retailer with commercial street frontage at a location under the 2
92	92	jurisdiction of the Washington Convention and Sports Authority that sells food and is 3
93	93	approved by the Washington Convention and Sports Authority to sell alcoholic beverages 4
94	94	for on-premises consumption.”. 5
95	95	(2) Section 25- 113 is amended as follows: 6
96	96	(A) Subsection (a)(6) is amended as follows: 7
97	97	(i) Subparagraph (B) is amended by striking the phrase 8
98	98	“Convention Center food” and inserting the phrase “ Washington Convention and Sports 9
99	99	Authority food” in its place. 10
100	100	(ii) New subparagraphs (F), (G), (H), (I), (J), and (K) are 11
101	101	added to read as follows: 12
102	102	“(F) A licensed on-premises retailer, manufacturer with an on-site 13
103	103	sales and consumption permit, or a Washington Convention and Sports Authority food 14
104	104	and alcohol business that seeks a streatery endorsement that will take effect starting on 15
105	105	January 1, 2025 shall notify the Board in writing of its endorsement request , on an 16
106	106	application provided by the Board, by December 30, 2024. 17
107	107	“(G) A licensed on- premises retailer or manufacturer with an on-18
108	108	site sales and consumption permit that is operating a streatery on outdoor private space in 19
109	109	which alcohol will be sold, served or consumed shall submit a summer garden 20
110	110	endorsement application to the Board by December 30, 2024 to continue operating the 21
111	111	streatery as a summer garden after December 31, 2024. 22 3
112	112	“(H) A licensed on premises retailer, manufacturer with an on-site 1
113	113	sales and consumption permit, or a Washington Convention and Sports Authority food 2
114	114	and alcohol business that is operating a streatery, on an outdoor sidewalk café, in which 3
115	115	alcohol is sold, served or consumed shall submit a sidewalk café endorsement application 4
116	116	to the Board by December 30, 2024 to continue operating the sidewalk café after 5
117	117	December 31, 2024. 6
118	118	“(I) A streatery endorsement application from an on- premises 7
119	119	retailer, or a streatery license application from a Washington Convention and Sports 8
120	120	Authority food and alcohol business, shall be subject to a 45- day public comment period, 9
121	121	with notice given to the public and an opportunity to object to the granting of the 10
122	122	application, pursuant to the procedures in § 25-421. A streatery endorsement application 11
123	123	from a manufacturer requesting hours of operation or alcohol sales after 1 a.m. shall also 12
124	124	be subject to a 45- day public comment period, with notice given to the public and an 13
125	125	opportunity to object to the granting of the application, pursuant to the procedures in § 14
126	126	25-421. 15
127	127	“(J) An applicant seeking a streatery, summer garden, or sidewalk 16
128	128	café endorsement for a previously operating streatery who files that application by 17
129	129	December 30, 2024 may continue to operate the streatery past December 31, 2024 until 18
130	130	the Board renders a decision on the endorsement application. 19
131	131	“(K) A streatery endorsement shall be valid for 3 years.”. 20
132	132	(3) Section 25- 113.01 is amended as follows: 21
133	133	(A) Subsection (g) is amended by striking the phrase “Convention 22 4
134	134	Center food and alcohol business” wherever it appears and inserting the phrase 1
135	135	"Washington Convention and Sports Authority food and alcohol business” in its place. 2
136	136	(B) A new subsection ( i) is added to read as follows: 3
137	137	“(i)(1) Effective January 1, 2025, an on- premises retailer, 4
138	138	manufacturer with an on-sites sales and consumption permit shall obtain a streatery 5
139	139	endorsement, and a Washington Convention and Sports Authority food and alcohol 6
140	140	business shall obtain a streatery license, from the Board to be eligible to sell, serve, and 7
141	141	permit the consumption of alcoholic beverages on an outdoor streatery. 8
142	142	“(2) A manufacturer with an on- site sales and consumption permit and a 9
143	143	streatery endorsement or a Washington Convention and Sports Authority food and 10
144	144	alcohol business with a streatery license may conduct business operations on a streatery 11
145	145	up to 7 days a week, but only between the hours of 6:00 a.m. and 1:00 a.m. 12
146	146	“(3) The holder of a streatery endorsement or license shall have its own 13
147	147	clearly delineated outdoor space and not share tables and chairs with any other 14
148	148	business.”. 15
149	149	Sec. 5. Fiscal impact statement. 16
150	150	The Council adopts the fiscal impact statement of the Chief Financial Officer as 17
151	151	the fiscal impact statement required by section 4a of the General Legislative Procedures 18
152	152	Act of 1975, approved October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-19
153	153	301.47a). 20
154	154	Sec. 6. Effective date. 21
155	155	This act shall take effect following approval by the Mayor (or in the event of veto 22
156	156	by the Mayor, action by the Council to override the veto), and shall remain in effect for 23 5
157	157	no longer than 90 days, as provided for emergency acts of the Council of the District of 1
158	158	Columbia in section 412(a) of the District of Columbia Home Rule Act, approved 2
159	159	December 24, 1973 (87 Stat. 788; D.C. Official Code § 1- 204.12( a)). 3 Government of the District of Columbia
160	160	Office of the Chief Financial Officer
161	161
162	162	Glen Lee
163	163	Chief Financial Officer
164	164
165	165
166	166
167	167
168	168
169	169	1350 Pennsylvania Avenue, NW, Suite 203, Washington, DC 20004 (202)727-2476
170	170	www.cfo.dc.gov
171	171	MEMORANDUM
172	172
173	173	TO: The Honorable Phil Mendelson
174	174	Chairman, Council of the District of Columbia
175	175
176	176	FROM: Glen Lee
177	177	Chief Financial Officer
178	178
179	179	DATE: October 2, 2024
180	180
181	181	SUBJECT: Fiscal Impact Statement – Streatery Program and Protest Process
182	182	Amendment Act of 2024 (and accompanying emergency and temporary
183	183	versions)
184	184
185	185	REFERENCE: Draft Bill as provided to the Office of Revenue Analysis on September
186	186	18, 2024
187	187
188	188
189	189	Conclusion
190	190
191	191	Funds are sufficient in the fiscal year 2025 through fiscal year 2028 budget and financial plan to
192	192	implement the bill.
193	193
194	194	Background
195	195
196	196	The Alcoholic Beverage and Cannabis Administration (ABCA) permits certain licensed
197	197	establishments to offer food and alcoholic beverage consumption on-site at expanded ground floor
198	198	or street level outdoor space (“streateries”) via retailer licensees, common carriers, Convention
199	199	Center food and alcohol retailers, and manufacturers with an on-premises endorsement. This bill
200	200	permits certain establishments providing food and alcohol under the jurisdiction of the Washington
201	201	Convention and Sports Authority to apply for and be granted a streatery endorsement. The bill also
202	202	sets the duration for a streatery endorsement to a uniform three years, and requires streatery
203	203	endorsement applications to undergo a 45-day public comment period.
204	204
205	205	Financial Plan Impact
206	206
207	207	Funds are sufficient in the fiscal year 2025 through fiscal year 2028 budget and financial plan to
208	208	implement the bill. ABCA can carry out its licensing and oversight requirements under the bill within
209	209	its current resources. 2
210	210	GOVERNMENT OF THE DISTRICT OF COLUMBIA
211	211	O
212	212	FFICE OF THE ATTORNEY GENERAL
213	213	BRIAN L. SCHWALB
214	214	ATTORNEY GENERAL
215	215	LEGAL COUNSEL DIVISION
216	216	MEMORANDUM
217	217	TO: Tomás Talamante
218	218
219	219	Director
220	220	Office of Policy and Legislative Affairs
221	221	FROM: Megan D. Browder
222	222	Deputy Attorney General
223	223	Legal Counsel Division
224	224
225	225	DATE: September 18, 2024
226	226	SUBJECT: Legal Sufficiency Review – Dr aft “Streatery Program and Protest Process Emergency
227	227	Amendment Act of 2024,” “Streatery Program and Protest Process Temporary
228	228	Amendment Act of 2024,” “Streatery Program and Protest Process Amendment Act
229	229	of 2024,” and Accompanying Emergency Declaration Resolution
230	230
231	231	(AE-24-443)
232	232	_____________________________________________________________________________________
233	233	This is to Certify that this Office has reviewed the above- referenced draft
234	234	legislation and found it to be legally sufficient. If you have any questions in this regard, please do
235	235	not hesitate to call me at (202) 724-5524.
236	236	_________________________________
237	237	Megan D. Browder