ABRA The Liquor License Application Process Karen Jackson , Licensing Specialist Licensing Division December 12, 2012
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. 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 DC Council. Alcoholic Beverage Regulation Administration
ABRA Divisions I. II. 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 with Title 23 of the DCMR & Title 25 of the DC Official Code • Conducts regulatory inspections of licensed establishments • Issues citations for licensees found to be non-compliant III. Adjudication • Acts in support of ABC Board to carry out Board-imposed orders, actions, fines and penalties and also assists licensees in coming into compliance. Alcoholic Beverage Regulation Administration
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: Authorized to produce, distill and combine spirits, wine or beer to resell 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: Authorized to produce, distill and combine wine or beer to resell to other licensees. – Moratorium on Retail Class B Licenses except for Full-Service Grocery Stores Alcoholic Beverage Regulation Administration
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 $2 k per seat based on occupancy CT – Tavern 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 $2 k per seat based on occupancy DT – Tavern DX – Multipurpose, Private Clubs, Rail Cars, Marine Vessels Alcoholic Beverage Regulation Administration
Before The Application Applicants – Do Your Homework • Zoning – Make sure the chosen 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, 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 must be tax compliant and have no felony convictions within 10 years or misdemeanor convictions within 5 years Alcoholic Beverage Regulation Administration
The Application Process Three Phases I. Application Acceptance – Licensing Specialist accepts the application, assesses the appropriate licensing fees, advertises the application in the DC Register and prepares placards for posting at the establishment’s location II. 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 Alcoholic Beverage Regulation Administration
The Application Process I. 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 Alcoholic Beverage Regulation Administration
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
The Application Process II. • • • III. • • • 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 Bill of sales Clean Hands Certification Final Inspection conducted by Enforcement Alcoholic Beverage Regulation Administration
The License Renewal Process I. II. • • • 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 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 Alcoholic Beverage Regulation Administration
More Information Alcoholic Beverage Regulation Administration 2000 14 th Street, NW, Suite 400 S Washington, DC 20009 http: //abra. dc. gov Phone: (202) 442 -4423 Fax: (202) 442 -9563 TTY: (746) 777 -7776 Office Hours: Monday through Friday, 8: 30 am to 4 pm. Note license processing ends at 3: 30 pm daily.
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