120 likes | 233 Views
ABRA Liquor Licensing – Unveiling the Mystery Danielle Balmelle Program Manager, Licensing October 13, 2010. Introduction. Who We Are
E N D
ABRALiquor Licensing – Unveiling the MysteryDanielle BalmelleProgram Manager, LicensingOctober 13, 2010
Introduction Who We Are The Alcoholic Beverage Regulation Administration (ABRA) issues and renews licenses that enable qualified businesses to sell and serve alcoholic beverages. ABRA monitors compliance with ABC laws and takes appropriate enforcement action when licensees violate these laws. When appropriate, ABRA proposes new laws regulating the manufacture, distribution, and sale of alcoholic beverages in the District. ABRA also offers education programs that help ABC establishments prevent underage individuals from purchasing and consuming alcohol. ABRA operates under the authority of a seven-member Alcoholic Beverage Control (ABC) Board that sets policy parameters for the Agency. Members of the ABC Board are appointed by the Mayor and confirmed by the City Council. Alcoholic Beverage Regulation Administration October 13, 2010
ABRA Divisions • Licensing • Responsible for the review and processing of all ABC License applications • Ensures all applications meet standards for licensure and recommends applications to Board for approval • Enforcement • Ensures licensees remain in compliance in accordance with Title 23 & Title 25 of the DC Official Code • Conducts regular visits of licensed establishments to monitor • Issues citations for licensees found to be non-compliant for compliance • Adjudication • Acts on behalf of ABC Board in carrying out Board-imposed orders, actions, fines and penalties and also assists licensees in coming into compliance. Alcoholic Beverage Regulation Administration October 13, 2010
Off –Premise License Classes Class A Licenses Retail - Beer, Wine and Liquor Stores Wholesaler – Authorized to sell beer, wine & spirits to other licensed retailers for resale to consumers. Manufacturer – Licensees are authorized to produce, distill and combine spirits, wine or beer for the purpose of manufacturing and resale to other licensees. Class B Licenses Retail – Beer & Wine Stores Wholesaler – Authorized to sell beer & wine to other licensed retailers for resale to consumers. Manufacturer – Licensees are authorized to produce, distill and combine wine or beer for the purpose of manufacturing and resale to other licensees. Moratorium on Retail Class B Licenses except for Full-Service Grocery Stores* *New Legislation that may allow for new Retail Class B Licenses Alcoholic Beverage Regulation Administration October 13, 2010
On–Premise License Classes Class C Licenses – Beer, Wine & Spirits CH – Hotels (Food Requirements) CN – Nightclubs and Lounges CR – Restaurants with food requirement of 45% or $2k per seat based on occupancy CT – Licensees are authorized to produce, distill and combine spirits, wine or beer for the purpose of manufacturing and resale to other licensees. CX – Multipurpose, Private Clubs, Rail Cars, Marine Vessels Class D Licenses – Beer & Wine DH – Hotels (Food Requirements) DN – Nightclubs and Lounges DR – Restaurants with food requirement of 45% or $2k per seat based on occupancy DT – Licensees are authorized to produce, distill and combine spirits, wine or beer for the purpose of manufacturing and resale to other licensees. DX – Multipurpose, Private Clubs, Rail Cars, Marine Vessels Alcoholic Beverage Regulation Administration October 13, 2010
Before The Application Alcoholic Beverage Regulation Administration October 13, 2010 Applicants – Do Your Homework • Zoning - Make sure location is zoned for appropriate license • Measurements – All new license applications must be within appropriate distances of churches, schools and recreation centers • DCRA Corporations Division - If applying as an entity (Corp., LLC, LP), it must be registered with DCRA Corporations Division • If new construction, please make sure appropriate permits have been issued or applied for. A liquor license can be approved prior to construction but not issued until all business licenses are provided • All applicants are tax compliant and have no felony convictions within 10 years or misdemeanor convictions within 5 years
The Application Process Alcoholic Beverage Regulation Administration October 13, 2010 Three Phases • Application Acceptance – Licensing Specialist accepts the application, assesses the appropriate licensing fees, advertises the application and prepares placards for posting at the establishment to be licensed • Application Approval – After the 45-day notice period, applications that have not been protested go to the Board for approval III. License Issuance – Licensing Specialist makes sure all documentation is complete, all appropriate business licenses and certificates are provided by the applicant and all entities and individuals are tax compliant before the license is issued
The Application Process Alcoholic Beverage Regulation Administration October 13, 2010 • New Application Acceptance • Application Package is Complete • All documents supporting the entity and individuals accompany the application package • Letter of Intent to Lease or Lease Agreement is submitted • Zoning Certification, Certificate of Good Standing • Financial Affidavit Transfer Application Acceptance • No Substantial Change Form • Transfer Consent Form
The Placard Process For New Applications • 45-Day Notification Period • Placards must be posted and remain visible through the posting and petition dates. Failure to post can result in new placards with new dates extending the placard period • Applicant can request stipulated license with letter of support from ANC while placards are posted • Applicant must cease sale and service of alcohol if application is protested and protest is determined valid while applicant is operating on the stipulated license • Only on-premise licenses are eligible for stipulated license • Contested licenses must be resolved through Adjudicative process before license application can be approved • No placards for Transfer applications with no changes to the nature of operations Alcoholic Beverage Regulation Administration October 13, 2010
The Application Process Alcoholic Beverage Regulation Administration October 13, 2010 • New Application Approval • Landlord Affidavit • Menu (if applicable) • Exterior pictures and interior diagram of layout • Police Clearances from all individuals (DC and jurisdiction in which applicant resides if outside of DC) • Diagrams or photographs of area designated for Summer Garden or Sidewalk Café • New License issuance • All appropriate licenses and certificates from DCRA and OTR • Certificate of Occupancy • Settlement Statement • Clean Hands Certification • Final Inspection conducted by Enforcement
The License Renewal Process Alcoholic Beverage Regulation Administration October 13, 2010 I. Renewal Application and License Issuance • Complete Renewal Application • Must be signed and notarized by Board approved officers • Provide evidence of Good Standing with DCRA Corporations • Entity and Officer must be Clean Hands Compliant • New license is then issued • Renewal Placards • Placards are posted for 45 days • License renewal is not complete until placard period ends • Protests on renewed licenses do not impede operation of the establishment – licensee can continue to sell and serve • Renewal process is complete after protests have been resolved
More Information Alcoholic Beverage Regulation Administration 1250 U Street, NW, Third Floor Washington, DC 20009 http://abra.dc.gov Phone: (202) 442-4423Fax: (202) 442-9563TTY: (746) 777-7776 Office Hours Monday through Friday, 8:30 am to 4 pm; license processing ends at 3:30 pm You can also follow ABRA News on: FaceBook Twitter