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May 18

DDOT, ABRA to Increase Inspections of Sidewalk Cafes

The D.C. Department of Transportation (DDOT), Alcoholic Beverage Administration (ABRA), Metropolitan Police Department, D.C. Fire and Emergency Services and the D.C. Department of Public Works have created a Taskforce to increase the oversight and inspection of sidewalk cafes in the city.

With over 600 sidewalk cafes in the region, the Taskforce will be visiting all sidewalk cafes three times between April and October 2012.  The purpose of the visits is threefold:  to educate restaurateurs on rules and regulations for operating a sidewalk café, to assist operators who are not currently compliant in becoming compliant with regulations, and to enforce regulations.

Establishments with sidewalk cafes should, at a minimum, ensure the following:

  • Public Space Permit annual fee is paid (the fee is assessed through property taxes);
  • Certificate of Use annual fee is paid;
  • Sidewalk café floor plan is consistent with the plans submitted and approved by DDOT Public Space Committee  (Approved floor plan must be produced and available for inspector’s review); and
  • Sidewalk café floor plan abides by all fire and safety codes.

The Taskforce will also be visiting Valet Parking locations to ensure compliance with D.C. regulations.  For more information on obtaining and maintaining a public space permit for a sidewalk café, please contact our offices.

May 16

D.C. Council Approves Proposal to Extend Alcohol Service Hours on 19 Holiday Dates

The D.C. Council approved Council Bill 19-743, the “Fiscal Year 2013 Budget Support Act of 2012,” which includes a provision allowing for an one-hour extension in the maximum allowable alcohol service period at the city’s restaurants, bars and hotels.

The council  revised Mayor Vincent C. Gray’s proposed $9.4 billion budget for the next fiscal year on Tuesday, including changing the Mayor’s proposal to extend alcohol service  hours by one hour, to 3 a.m. on weekdays and 4 a.m. on weekends.  It did not eliminate the Mayor’s plan, as the D.C. Human Services Committee had voted earlier this month, but limited  extended hours  to apply only on nights before all District and federal holidays.  Alcohol sales would also be extended on the Friday, Saturday and Sunday nights of the Memorial Day and Labor Day holidays, as well as New Year’s Eve and July 4 if the holidays fall on weekends.

This extension of hours would likely not apply to restaurant and bars who have voluntary agreements limiting their hours of service.

The council is scheduled to give final approval of the amended budget on June 5th.  The legislation, if approved, would go into effect on October 1.

May 3

D.C. Council Committee Rejects Extended Bar Hours; Votes to Increase Alcohol Tax

The D.C. Human Services Committee voted 3-2 to strip from the 2013 fiscal budget the Mayor’s proposal to extend alcohol sales to 3 a.m. on weekdays and 4 a.m. on weekends.  Instead, the committee proposed increasing the sales tax on alcoholic beverages above the current level of 10 percent.  This alcohol excise tax, paid by wholesalers and increasing product costs for both on-premise venues and retailers alike, would result in a price increase for both businesses and consumer alike.

As reported in our April 18th post, many neighborhood groups organized against extending bar hours, citing the potential for increased late-night noise, crime, and parking issues.  Entrepreneurs endorsed the proposal as a way to boost the city’s reputation as a world-class hospitality destination..

Lynne Breaux, president of the Restaurant Association Metropolitan Washington (RAMW), issued a press release criticizing the council members for increasing the tax burden on local small businesses.

“Restaurants and bars are the first businesses to be tapped to help create a sense of community in areas of new development or to revitalize existing neighborhoods – and are the first businesses to be targeted for taxes, fees and excessive regulatory oversight,” said Breaux.

If the alcohol tax increase is defeated, several council members told the Washington Post that the proposed extension of bar hours could resurface as members try to balance the budget.

“Certainly, we could do it on a temporary basis and see what the ramifications are,” said council member David A. Catania (I-At Large). “If some of the negative consequences come to fruition, we could revisit.”

The committee did, however, unanimously approved two of Gray’s alcohol proposals, including allowing bars to serve until 4 a.m. during the week of the presidential inauguration. The committee also agreed to allow Class A and Class B carryout liquor stores to open at 7 a.m. instead of 9 a.m., except on Sundays.

The committee did not vote on a proposal that would allow liquor stores to open on Sundays.

Apr 20

ABRA Yearly Alcohol Compliance Training Sessions Scheduled for May 18-20, 2012

The District of Columbia’s Alcohol Beverage Regulation Administration (ABRA) is holding its annual Alcohol Compliance Training Sessions on Friday, May 18, 2012, Saturday, May 19, 2012, and Sunday, May 20, 2012.

It is important for licensees to attend ABRA sessions, not only to demonstrate an effort to follow rules and regulations governing your alcohol license, but also to keep up-to-date on changing regulations.  Therefore, we encourage all alcohol licensees to attend or send a representative to such training sessions if possible.

Training sessions will be held at the Reeves Municipal Center, 2000 14th Street, N.W., 4th Floor.  Please RSVP to Jackie Richardson at (202) 442-4446 or jackier.richardson@dc.gov.

To see session times, please click here.

Apr 18

Entrepreneurs, City Residents Face Off At Hearing On Extended Alcohol Sale Hours

On Tuesday night, Ward 1 Councilmember and Chairman of the Human Services Committee, Jim Graham, heard six-hours of testimony from District residents and the hospitality and business community members about D.C. Mayor Vincent Gray’s proposal to extend bar hours in order to raise $5 million in new revenue.

The witness list, available here, included 48 individuals as well as Fred Moosally, Director of the Alcohol Beverage Regulation Administration (ABRA).

Entrepreneurs endorsed Mayor Gray’s proposal and offered support to the idea that extended sales hours will increase revenue as well as boost the city’s reputation as a world-class hospitality destination.  Business owners pointed out that many establishments have Voluntary Agreements, which limit their operating hours.  Owners stated that this type of staggered closings, some bars closing earlier while other close later, would alleviate any concerns of excessive noise from patrons leaving the establishment at later hours.

In his testimony, Mr. Moosally confirmed that the extended hours would not apply to 267 bars, nightclubs and restaurants that have existing Voluntary Agreements with their neighbors.

Council member Graham appeared steadfast in his opposition to longer sale hours, particularly in light of the number of witnesses at the hearing from Adams Morgan and Kaloroma, neighborhoods located in the council member’s own ward, who opposed the extension of hours.  Neighborhood opponents argued that the longer hour would exacerbate existing noise and parking issues and create public safety concerns such as drunk driving.   Some opponents said they could support it if the extended hours were limited to downtown or in non-residential areas, however, Graham stated that would place some establishments at a competitive disadvantage against others who could close later.

Despite his disapproval of the Mayor’s proposal, if it does not pass, Graham would be forced to raise the $5 million in new revenue or make spending cuts to the city’s fiscal 2013 budget to replace the projected revenue expected from this proposal.

According to the Washington Post, Council Chairman Kwame R. Brown may have the final say on whether the fiscal year 2013 budget can remain balanced without Gray’s proposal. At a news conference Tuesday, Brown said he remains undecided on the proposal but understands community opposition.

To watch the entire six-hour hearing, click here.

Apr 17

ANC 1C Commissioner Voices Strong Opposition to Mayor’s Proposal to Extend the Hours of Alcohol Sales in the District

In an opinion piece in the Washington Post, Advisory Neighborhood Commissioner (“ANC”) Olivier Kamanda publically opposed Mayor Vincent Gray’s proposal for raising revenue by allowing bars and nightclubs to serve alcohol until 3 a.m. on weekdays and 4 a.m. on weekends.

Kamanda is a commissioner of ANC 1C, the Adams Morgan Advisory Neighborhood Commission, which covers the area between Harvard St. and Rock Creek to the north, Florida Ave. and U St. to the south, 16th St. to the east, and Connecticut Ave. to the west, where many popular bars and nightclubs are located.  Kamanda cites the District’s adult alcohol abuse rate and residents’ concern for late-night noise, harassment, trash and vandalism for his opposition of extended service hours.

Read more

Apr 16

Debate on Zoning Regulations on 14th Street Begin Again

As we discussed in our January blog, “Three Tips Every Restaurant Owner Should Consider Before Applying for a D.C. Liquor License“,it is important for business owners to learn about zoning regulations prior to signing a lease for a restaurant.  This is especially important in the Arts Overlay District, which covers 14th Street, N.W. from N Street to Florida Avenue, and U Street, N.W., from 9th to 15th Streets.  The area has become a hot spot for new and innovative restaurants in the District.

The Uptown Arts-Mixed Use (“ARTS”) Overlay District restricts the street frontage for eating and drinking establishments to only 50 percent of ground-floor retail space on any city square.  When the regulations were established in 1990, the maximum allowed street frontage was 25 percent.  In 2010, due to intense lobbying from the local Advisory Neighborhood Commissions (“ANCs”) and business and community groups, the D.C. Zoning Commission increased the cap to 50 percent for street frontage for eating and drinking establishments.  At the time, it was believed to be a good compromise between encouraging retail and arts development while allowing new restaurants to fill vacate spaces in the area.

Missy Frederick of The Washington Business Journal recently wrote an article about the frustration of restaurant entrepreneurs and their retail brokers with this restriction, including delayed lease negotiations and empty store fronts.  Unless the D.C. Zoning Commission lifts this restriction, restaurant entrepreneurs must determine store frontage availability for their new restaurant ventures before signing any lease in the Arts Overlay District.

Mar 28

Legislative Update: Mayor Gray Proposes Extending Hours of Alcohol Sales in the District

On Tuesday, March 27th, Mayor Vincent Gray testified before the D.C. Council on his proposed 2013 fiscal budget.   One of his proposals for raising revenue includes allowing bars and nightclubs to serve alcohol until 3 a.m. on weekdays and 4 a.m. on weekends.  Extending alcohol sales hours by one hour is expected to raise an extra $5 million from alcohol taxes.  D.C. Police Chief Cathy L. Lanier  supported the proposal, but Council member Jim Graham (Ward 1), who is the Chairperson of the Committee of Human Services, the oversight committee for the Alcohol and Beverage Regulation Administration (ABRA), voiced opposition to the proposal.

Graham’s committee will hold a hearing on the subject on April 17th at 5pm at the John A. Wilson Building, Room 500.  Persons wishing to testify should contact Malcolm Cameron, Committee on Human Services, at 724-8191 or e-mail mcameron@dccouncil.us by April 16th.

Click here to read full coverage about Mayor Gray’s budget proposal.

Mar 28

Legislative Update: JOBS Bill Clears Congress

On Tuesday, March 27th, the Jumpstart Our Business Startups Act or JOBS Act was passed again by the United States House of Representatives and is now awaiting signature by the President.   The bill aims to make it easier for small businesses to access investment capital by relaxing Securities and Exchange Commission (“SEC”) regulations such as removing the SEC restrictions that prevent “crowdfunding” so entrepreneurs can raise equity capital from a large pool of small investors who may or may  not be considered “accredited” by the SEC.   The bill allows companies to pool up to $1 million from investors without registering with the SEC, or up to $2 million if the company provides investors with audited financial statements.  Individual contributions are limited to $10,000 or 10 percent of the investor’s annual income, whichever is less.   The bill also includes a provision making it easier for small businesses to go public by increasing the offering threshold for companies exempted from SEC registration from $5 million to $50 million.  While the bill has been controversial, the House approved the measure 380-41, and President Obama is expected to sign it.   After the president signs the bill into law, it will not take effect until new investment rules are written by the Securities and Exchange Commission, a process that could push into next year.

Mar 12

ABRA Board Public Hearing on the Glover Park Moratorium Zone set for March 21, 2012

On February 10, 2012, Advisory Neighborhood Commission (“ANC”) 3B sent a written request to the Alcoholic Beverage Control Board requesting that it renew the existing Glover Park Moratorium Zone for another three year period, but asked that the Board amend the moratorium to increase the existing cap on the number of permitted Class CR (restaurant) retailer’s licenses from 12 to 14.

A moratorium zone limits the number of liquor licenses in a specific area. Currently, the Glover Park Moratorium restricts issuance of any retailer’s license class A, B, CN, CT, CX, DN, DT, or DX, and capped the number of CR (restaurant licenses) at 12.  The moratorium is set to expire on April 16, 2012.

The Glover Park ANC voted to increase the cap of the 16-year long moratorium to bring in two more restaurants at its last meeting, held on Tuesday, March 6th.  Glover Park, which has been struggling to be seen as an attractive hangout for years, flirted with the idea of lifting the cap entirely, but residents concerns that the neighborhood would turn into a raucous bar crawl influenced its decision to request an extension from the Board.

In requesting the renewal of an existing moratorium pursuant to D.C. Official Code § 25-352, ANC 3B must establish to the Board that the present conditions in the moratorium area, based upon the appropriateness standards set forth in D.C. Official Code §§ 25-313 and 25-314, justify an extension of the moratorium.  These standards include the effects of any establishment in the area on (1) real property values; (2) peace, order, and quiet, including the noise and litter; and (3) upon residential parking needs and vehicular and pedestrian safety.

The ABRA Boards hearing on the matter will be held on Wednesday, March 21, 2012 at 11:00 a.m. at 2000 14th Street, N.W., Board Hearing Room, Suite 400, Washington, D.C. 20009.  Individuals and representatives of organizations who wish to testify should contact Martha Jenkins, General Counsel, at (202) 442-4456, or by e-mail at martha.jenkins@dc.gov by March 16, 2012.

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