District Of Columbia 2023-2024 Regular Session

District Of Columbia Council Bill B25-1040 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	at the request of the Mayor
55	55	A BILL
56	56	IN THE COUNCIL
57	57	OF THE DISTRICT OF COLUMBIA
58	58	13 To amend, on a temporary basis, Title 25 of the District of Columbia Official Code to
59	59	14 allow a location under the jurisdiction of the Washington Convention and Sports
60	60	15 Authority with commercial street frontage to register for a streatery; to require
61	61	16 that alcohol businesses obtain a streatery endorsement valid for 3 years from the
62	62	17 Alcoholic Beverage and Cannabis Board to operate a streatery beginning in 2025;
63	63	18 and to require streatery endorsement applications to undergo a 45-day public
64	64	19 comment period.
65	65	20
66	66	21 BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA,
67	67	22 That this act may be cited
68	68	as the "Streatery Program and Protest Process Temporary
69	69	23 Amendment Act of 2024".
70	70	24
71	71	25 Sec. 2. Title 25 of the District of Columbia Official Code is amended as follows:
72	72	26
73	73	27 (a) Chapter 1
74	74	is amended as follows:
75	75	28
76	76	29 (1) Section 25-101 is amended as follows:
77	77	30 (A) A new paragraph (50A)
78	78	is added to read as follows:
79	79	31 "(50A) "Streatery'' means any authorized occupation of the parking lane
80	80	32
81	81	of a roadway or use of designated paiis of an alley network or travel lane, not including a
82	82	33 sidewalk, used specifically for outdoor dining or seating by a licensed on-premises
83	83	34 retailer or manufacturer or a Washington Convention and Sports Authority food and
84	84	35 alcohol business that is licensed or registered with the Board.".
85	85	36 (B) A new paragraph (55A)
86	86	is added to read as follows: 2
87	87	“(55A) “Washington Convention and Sports Authority food and alcohol 1
88	88	business” means a retailer with commercial street frontage at a location under the 2
89	89	jurisdiction of the Washington Convention and Sports Authority that sells food and is 3
90	90	approved by the Washington Convention and Sports Authority to sell alcoholic beverages 4
91	91	for on-premises consumption.”. 5
92	92	(2) Section 25- 113 is amended as follows: 6
93	93	(A) Subsection (a)(6) is amended as follows: 7
94	94	(i) Subparagraph (B) is amended by striking the phrase 8
95	95	“Convention Center food” and inserting the phrase “ Washington Convention and Sports 9
96	96	Authority food” in its place. 10
97	97	(ii) New subparagraphs (F), (G), (H), (I), (J), and (K) are 11
98	98	added to read as follows: 12
99	99	“(F) A licensed on-premises retailer, manufacturer with an on-site 13
100	100	sales and consumption permit, or a Washington Convention and Sports Authority food 14
101	101	and alcohol business that seeks a streatery endorsement that will take effect starting on 15
102	102	January 1, 2025 shall notify the Board in writing of its endorsement request , on an 16
103	103	application provided by the Board, by December 30, 2024. 17
104	104	“(G) A licensed on-premises retailer or manufacturer with an on-18
105	105	site sales and consumption permit that is operating a streatery on outdoor private space in 19
106	106	which alcohol will be sold, served or consumed shall submit a summer garden 20
107	107	endorsement application to the Board by December 30, 2024 to continue operating the 21
108	108	streatery as a summer garden after December 31, 2024. 22 3
109	109	“(H) A licensed on premises retailer, manufacturer with an on-site 1
110	110	sales and consumption permit, or a Washington Convention and Sports Authority food 2
111	111	and alcohol business that is operating a streatery, on an outdoor sidewalk café, in which 3
112	112	alcohol is sold, served or consumed shall submit a sidewalk café endorsement application 4
113	113	to the Board by December 30, 2024 to continue operating the sidewalk café after 5
114	114	December 31, 2024. 6
115	115	“(I) A streatery endorsement application from an on- premises 7
116	116	retailer, or a streatery license application from a Washington Convention and Sports 8
117	117	Authority food and alcohol business, shall be subject to a 45- day public comment period, 9
118	118	with notice given to the public and an opportunity to object to the granting of the 10
119	119	application, pursuant to the procedures in § 25-421. A streatery endorsement application 11
120	120	from a manufacturer requesting hours of operation or alcohol sales after 1 a.m. shall also 12
121	121	be subject to a 45- day public comment period, with notice given to the public and an 13
122	122	opportunity to object to the granting of the application, pursuant to the procedures in § 14
123	123	25-421. 15
124	124	“(J) An applicant seeking a streatery, summer garden, or sidewalk 16
125	125	café endorsement for a previously operating streatery who files that application by 17
126	126	December 30, 2024 may continue to operate the streatery past December 31, 2024 until 18
127	127	the Board renders a decision on the endorsement application. 19
128	128	“(K) A streatery endorsement shall be valid for 3 years.”. 20
129	129	(3) Section 25- 113.01 is amended as follows: 21
130	130	(A) Subsection (g) is amended by striking the phrase “Convention 22 4
131	131	Center food and alcohol business” wherever it appears and inserting the phrase 1
132	132	"Washington Convention and Sports Authority food and alcohol business” in its place. 2
133	133	(B) A new subsection ( i) is added to read as follows: 3
134	134	“(i)(1) Effective January 1, 2025, an on- premises retailer, 4
135	135	manufacturer with an on-sites sales and consumption permit shall obtain a streatery 5
136	136	endorsement, and a Washington Convention and Sports Authority food and alcohol 6
137	137	business shall obtain a streatery license, from the Board to be eligible to sell, serve, and 7
138	138	permit the consumption of alcoholic beverages on an outdoor streatery. 8
139	139	“(2) A manufacturer with an on- site sales and consumption permit and a 9
140	140	streatery endorsement or a Washington Convention and Sports Authority food and 10
141	141	alcohol business with a streatery license may conduct business operations on a streatery 11
142	142	up to 7 days a week, but only between the hours of 6:00 a.m. and 1:00 a.m. 12
143	143	“(3) The holder of a streatery endorsement or license shall have its own 13
144	144	clearly delineated outdoor space and not share tables and chairs with any other 14
145	145	business.”. 15
146	146	Sec. 5. Fiscal impact statement. 16
147	147	The Council adopts the fiscal impact statement in the committee report as the 17
148	148	fiscal impact statement required by section 4a of the General Legislative Procedures Act 18
149	149	of 1975, approved October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1- 301.47a). 19
150	150	Sec. 6. Effective date. 20
151	151	This act shall take effect following approval by the Mayor (or in the event of veto 21
152	152	by the Mayor, action by the Council to override the veto), a 30-day period of 22
153	153	congressional review as provided in section 602(c)(1) of the District of Columbia Home 23 5
154	154	Rule Act, approved December 24, 1973 (87 Stat. 813; D.C. Official Code § 1-1
155	155	206.02(c)(1)), and publication in the District of Columbia Register. 2 Government of the District of Columbia
156	156	Office of the Chief Financial Officer
157	157
158	158	Glen Lee
159	159	Chief Financial Officer
160	160
161	161
162	162
163	163
164	164
165	165	1350 Pennsylvania Avenue, NW, Suite 203, Washington, DC 20004 (202)727-2476
166	166	www.cfo.dc.gov
167	167	MEMORANDUM
168	168
169	169	TO: The Honorable Phil Mendelson
170	170	Chairman, Council of the District of Columbia
171	171
172	172	FROM: Glen Lee
173	173	Chief Financial Officer
174	174
175	175	DATE: October 2, 2024
176	176
177	177	SUBJECT: Fiscal Impact Statement – Streatery Program and Protest Process
178	178	Amendment Act of 2024 (and accompanying emergency and temporary
179	179	versions)
180	180
181	181	REFERENCE: Draft Bill as provided to the Office of Revenue Analysis on September
182	182	18, 2024
183	183
184	184
185	185	Conclusion
186	186
187	187	Funds are sufficient in the fiscal year 2025 through fiscal year 2028 budget and financial plan to
188	188	implement the bill.
189	189
190	190	Background
191	191
192	192	The Alcoholic Beverage and Cannabis Administration (ABCA) permits certain licensed
193	193	establishments to offer food and alcoholic beverage consumption on-site at expanded ground floor
194	194	or street level outdoor space (“streateries”) via retailer licensees, common carriers, Convention
195	195	Center food and alcohol retailers, and manufacturers with an on-premises endorsement. This bill
196	196	permits certain establishments providing food and alcohol under the jurisdiction of the Washington
197	197	Convention and Sports Authority to apply for and be granted a streatery endorsement. The bill also
198	198	sets the duration for a streatery endorsement to a uniform three years, and requires streatery
199	199	endorsement applications to undergo a 45-day public comment period.
200	200
201	201	Financial Plan Impact
202	202
203	203	Funds are sufficient in the fiscal year 2025 through fiscal year 2028 budget and financial plan to
204	204	implement the bill. ABCA can carry out its licensing and oversight requirements under the bill within
205	205	its current resources. 2
206	206	GOVERNMENT OF THE DISTRICT OF COLUMBIA
207	207	O
208	208	FFICE OF THE ATTORNEY GENERAL
209	209	BRIAN L. SCHWALB
210	210	ATTORNEY GENERAL
211	211	LEGAL COUNSEL DIVISION
212	212	MEMORANDUM
213	213	TO: Tomás Talamante
214	214
215	215	Director
216	216	Office of Policy and Legislative Affairs
217	217	FROM: Megan D. Browder
218	218	Deputy Attorney General
219	219	Legal Counsel Division
220	220
221	221	DATE: September 18, 2024
222	222	SUBJECT: Legal Sufficiency Review – Dr aft “Streatery Program and Protest Process Emergency
223	223	Amendment Act of 2024,” “Streatery Program and Protest Process Temporary
224	224	Amendment Act of 2024,” “Streatery Program and Protest Process Amendment Act
225	225	of 2024,” and Accompanying Emergency Declaration Resolution
226	226
227	227	(AE-24-443)
228	228	_____________________________________________________________________________________
229	229	This is to Certify that this Office has reviewed the above- referenced draft
230	230	legislation and found it to be legally sufficient. If you have any questions in this regard, please do
231	231	not hesitate to call me at (202) 724-5524.
232	232	_________________________________
233	233	Megan D. Browder