MURIEL BOWSER
MAYOR
November 19, 2024
The Honorable Phil Mendelson
Chair
Council of the District of Columbia
1350 Pennsylvania Avenue, N.W., Suite 506
Washington, D.C. 20004
Dear Chairman Mendelson:
Today, I am transmitting to the Council of the District of Columbia (Council) for its
consideration and enactment the “Streatery Program and Protest Process Emergency Amendment
Act of 2024,” “Streatery Program and Protest Process Temporary Amendment Act of 2024,”
“Streatery Program and Protest Process Amendment Act of 2024,” and the accompanying
emergency declaration resolution. Please find enclosed a copy of the permanent, emergency and
temporary versions of the bill, as well as the accompanying emergency declaration resolution.
During the pandemic, streateries become a vital part of the District’s hospitality industry. In
order to maximize the benefit of this new privilege and to balance the interests of businesses and
residents, the attached amendments will (1) allow a location under the jurisdiction of the
Washington Convention and Sports Authority with commercial street frontage to register for a
streatery; (2) mandate that alcohol businesses obtain a streatery endorsement valid for 3 years
from the Alcoholic Beverage and Cannabis Board to operate a streatery beginning in 2025; and
(3) require streatery endorsement applications to undergo a 45-day public comment period.
Based on the current utilization of streateries by the District’s hospitality industry and the interest
in applying for new streateries, I am submitting the permanent, emergency, and temporary bills
to the Council for prompt and favorable action.
Sincerely,
Muriel Bowser
Mayor
Enclosure 1
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Chairman Phil Mendelson
at the request
of the Mayor
A BILL
IN THE COUNCIL OF THE DISTRICT OF COLUMBIA
13 To amend, on an emergency basis, Title 25 of the District of Columbia Official Code to
14 allow a location under the jurisdiction of the Washington Convention and Sports
15 Authority with commercial street frontage to register for a streatery; to require
16 that alcohol businesses obtain a streatery endorsement valid for 3 years from the
17 Alcoholic Beverage and Cannabis Board to operate a streatery beginning in 2025;
18 and to require streatery endorsement applications to undergo a 45-day public
19 comment period.
20
21 BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA,
22 That this act may be cited
as the "Streatery Program and Protest Process Emergency
23 Amendment Act of 2024".
24
25 Sec. 2. Title 25 of the District of Columbia Official Code is amended as follows:
26
27 (a) Chapter
1 is amended as follows:
28
29 (1) Section 25-101 is amended as follows:
30 (A) A new paragraph (50A)
is added to read as follows:
31 "( 50A) "Streatery" means any authorized occupation of the parking lane
32
of a roadway or use of designated parts of an alley network or travel lane, not including a
33 sidewalk, used specifically for outdoor dining or seating by a licensed on-premises
34 retailer or manufacturer or a Washington Convention and Sports Authority food and
35 alcohol business that is licensed or registered with the Board.".
36 (B) A new paragraph (55A)
is added to read as follows:
1 2
“(55A) “Washington Convention and Sports Authority food and alcohol 1
business” means a retailer with commercial street frontage at a location under the 2
jurisdiction of the Washington Convention and Sports Authority that sells food and is 3
approved by the Washington Convention and Sports Authority to sell alcoholic beverages 4
for on-premises consumption.”. 5
(2) Section 25- 113 is amended as follows: 6
(A) Subsection (a)(6) is amended as follows: 7
(i) Subparagraph (B) is amended by striking the phrase 8
“Convention Center food” and inserting the phrase “ Washington Convention and Sports 9
Authority food” in its place. 10
(ii) New subparagraphs (F), (G), (H), (I), (J), and (K) are 11
added to read as follows: 12
“(F) A licensed on-premises retailer, manufacturer with an on-site 13
sales and consumption permit, or a Washington Convention and Sports Authority food 14
and alcohol business that seeks a streatery endorsement that will take effect starting on 15
January 1, 2025 shall notify the Board in writing of its endorsement request , on an 16
application provided by the Board, by December 30, 2024. 17
“(G) A licensed on- premises retailer or manufacturer with an on-18
site sales and consumption permit that is operating a streatery on outdoor private space in 19
which alcohol will be sold, served or consumed shall submit a summer garden 20
endorsement application to the Board by December 30, 2024 to continue operating the 21
streatery as a summer garden after December 31, 2024. 22 3
“(H) A licensed on premises retailer, manufacturer with an on-site 1
sales and consumption permit, or a Washington Convention and Sports Authority food 2
and alcohol business that is operating a streatery, on an outdoor sidewalk café, in which 3
alcohol is sold, served or consumed shall submit a sidewalk café endorsement application 4
to the Board by December 30, 2024 to continue operating the sidewalk café after 5
December 31, 2024. 6
“(I) A streatery endorsement application from an on- premises 7
retailer, or a streatery license application from a Washington Convention and Sports 8
Authority food and alcohol business, shall be subject to a 45- day public comment period, 9
with notice given to the public and an opportunity to object to the granting of the 10
application, pursuant to the procedures in § 25-421. A streatery endorsement application 11
from a manufacturer requesting hours of operation or alcohol sales after 1 a.m. shall also 12
be subject to a 45- day public comment period, with notice given to the public and an 13
opportunity to object to the granting of the application, pursuant to the procedures in § 14
25-421. 15
“(J) An applicant seeking a streatery, summer garden, or sidewalk 16
café endorsement for a previously operating streatery who files that application by 17
December 30, 2024 may continue to operate the streatery past December 31, 2024 until 18
the Board renders a decision on the endorsement application. 19
“(K) A streatery endorsement shall be valid for 3 years.”. 20
(3) Section 25- 113.01 is amended as follows: 21
(A) Subsection (g) is amended by striking the phrase “Convention 22 4
Center food and alcohol business” wherever it appears and inserting the phrase 1
"Washington Convention and Sports Authority food and alcohol business” in its place. 2
(B) A new subsection ( i) is added to read as follows: 3
“(i)(1) Effective January 1, 2025, an on- premises retailer, 4
manufacturer with an on-sites sales and consumption permit shall obtain a streatery 5
endorsement, and a Washington Convention and Sports Authority food and alcohol 6
business shall obtain a streatery license, from the Board to be eligible to sell, serve, and 7
permit the consumption of alcoholic beverages on an outdoor streatery. 8
“(2) A manufacturer with an on- site sales and consumption permit and a 9
streatery endorsement or a Washington Convention and Sports Authority food and 10
alcohol business with a streatery license may conduct business operations on a streatery 11
up to 7 days a week, but only between the hours of 6:00 a.m. and 1:00 a.m. 12
“(3) The holder of a streatery endorsement or license shall have its own 13
clearly delineated outdoor space and not share tables and chairs with any other 14
business.”. 15
Sec. 5. Fiscal impact statement. 16
The Council adopts the fiscal impact statement of the Chief Financial Officer as 17
the fiscal impact statement required by section 4a of the General Legislative Procedures 18
Act of 1975, approved October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-19
301.47a). 20
Sec. 6. Effective date. 21
This act shall take effect following approval by the Mayor (or in the event of veto 22
by the Mayor, action by the Council to override the veto), and shall remain in effect for 23 5
no longer than 90 days, as provided for emergency acts of the Council of the District of 1
Columbia in section 412(a) of the District of Columbia Home Rule Act, approved 2
December 24, 1973 (87 Stat. 788; D.C. Official Code § 1- 204.12( a)). 3 Government of the District of Columbia
Office of the Chief Financial Officer
Glen Lee
Chief Financial Officer
1350 Pennsylvania Avenue, NW, Suite 203, Washington, DC 20004 (202)727-2476
www.cfo.dc.gov
MEMORANDUM
TO: The Honorable Phil Mendelson
Chairman, Council of the District of Columbia
FROM: Glen Lee
Chief Financial Officer
DATE: October 2, 2024
SUBJECT: Fiscal Impact Statement – Streatery Program and Protest Process
Amendment Act of 2024 (and accompanying emergency and temporary
versions)
REFERENCE: Draft Bill as provided to the Office of Revenue Analysis on September
18, 2024
Conclusion
Funds are sufficient in the fiscal year 2025 through fiscal year 2028 budget and financial plan to
implement the bill.
Background
The Alcoholic Beverage and Cannabis Administration (ABCA) permits certain licensed
establishments to offer food and alcoholic beverage consumption on-site at expanded ground floor
or street level outdoor space (“streateries”) via retailer licensees, common carriers, Convention
Center food and alcohol retailers, and manufacturers with an on-premises endorsement. This bill
permits certain establishments providing food and alcohol under the jurisdiction of the Washington
Convention and Sports Authority to apply for and be granted a streatery endorsement. The bill also
sets the duration for a streatery endorsement to a uniform three years, and requires streatery
endorsement applications to undergo a 45-day public comment period.
Financial Plan Impact
Funds are sufficient in the fiscal year 2025 through fiscal year 2028 budget and financial plan to
implement the bill. ABCA can carry out its licensing and oversight requirements under the bill within
its current resources. 2
GOVERNMENT OF THE DISTRICT OF COLUMBIA
O
FFICE OF THE ATTORNEY GENERAL
BRIAN L. SCHWALB
ATTORNEY GENERAL
LEGAL COUNSEL DIVISION
MEMORANDUM
TO: Tomás Talamante
Director
Office of Policy and Legislative Affairs
FROM: Megan D. Browder
Deputy Attorney General
Legal Counsel Division
DATE: September 18, 2024
SUBJECT: Legal Sufficiency Review – Dr aft “Streatery Program and Protest Process Emergency
Amendment Act of 2024,” “Streatery Program and Protest Process Temporary
Amendment Act of 2024,” “Streatery Program and Protest Process Amendment Act
of 2024,” and Accompanying Emergency Declaration Resolution
(AE-24-443)
_____________________________________________________________________________________
This is to Certify that this Office has reviewed the above- referenced draft
legislation and found it to be legally sufficient. If you have any questions in this regard, please do
not hesitate to call me at (202) 724-5524.
_________________________________
Megan D. Browder