Neighborhood Interests Score Big in Council's First Look at New ABC Law
Mary Brown The D.C. Council finally took its first vote on revisions to the city's liquor laws on April 20, and neighborhood interests won significant victories. Most importantly, liquor industry efforts to gut voluntary agreements were roundly defeated. These agreements are used extensively in Logan Circle and throughout the city to reach a common understanding with liquor licensees about rules of operation, covering topics such as hours, sidewalk cafes, entertainment, and noise.Secondly, no less than three provisions imposing limits on community association standing to contest liquor licenses were deleted, based on amendments introduced by Council Member Linda Cropp. Finally, the bill was amended so that closing hours for convenience stores would remain at 10 p.m.
Council Member Phil Mendelson introduced an amendment requiring notice of ABC applications to Advisory Neighborhood Commissions (ANCs) near to, but outside, the licensee's location. The amendment made no other changes, so the nearby ANC's comments would NOT be given "great weight" unlike the comments of the host ANC.
Council Member David Catania introduced two amendments, both of which were accepted as friendly (meaning they became part of the bill): one to extend ABC license terms from 2 years to 3 years, to unclog the ABC Board's docket and allow greater focus on compliance/enforcement; and another to make the grace period for compliance with the "restaurant" definition two years instead of one (the licensee is required to maintain its current operations).
Earlier in the legislative process, community interests successfully blocked an effort by the liquor industry to gut the definition of restaurant, which - had it been successful - would have allowed restaurants to operate like bars, without seeking a bar or tavern license.
Three issues may be the subject of possible amendment at the second reading of the law scheduled for May 4. Those issues are (1) whether Class B licensees (convenience stores selling beer & wine) should be allowed to seek case-by-case relief from the 10 p.m. closing rule; (2) whether "advocates" for a liquor license should be given party status in ABC cases; and (3) whether some exception should be made to a prohibition on transfers of B licenses into Ward 4.
In addition, an amendment to ban sales of singles in Ward 4, sponsored by Council Member Adrian Fenty, lost by a single vote. Our Council Member, Jack Evans (Ward 2) supported Mr. Fenty's losing effort.
