Hospitality Posts


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Guide to COVID-19 Assistance for Hospitality Businesses

Guide to COVID-19 Assistance for Hospitality Businesses

Recently, the government has made COVID-19 assistance for hospitality businesses a priority. We have updated our earlier guide with the most recent legal information available. If you own a bar or restaurant and have any questions, I will be glad to consult with you free of charge.
Read More
Emergency Coronavirus Law For DC Restaurants and Bars

Emergency Coronavirus Law For DC Restaurants and Bars

The COVID-19 emergency has decimated the hospitality industry and the legal situation is fluid. We have put together this legal guide to assist you in identifying appropriate resources. If you own a nightlife establishment, I will be glad to consult with you free of charge.
Read More
Is your establishment breaking the security camera law?

Is your establishment breaking the security camera law?

Security camera systems break down, they need to be maintained, upgraded, and eventually replaced. It’s an inevitability. But, did you know, that if your cameras are not working, you are required to inform the ABC Board?
Read More
Leftover Food Donations by Restaurants: Why would you not do this?

Leftover Food Donations by Restaurants: Why would you not do this?

Every so often there is a news item about the tons of leftover food that go to waste each year while millions of Americans go undernourished. As I recently learned, this is not a problem that can be easily pinned on politicians. In fact, the Federal Government and many states have legislation that protects food donors from legal liability.
Read More
Your liquor license can be seized to satisfy outstanding debts

Your liquor license can be seized to satisfy outstanding debts

There are certain bills that a bar just has to pay on time. If you don’t pay purveyors or wholesalers you won’t have any food or drink to sell. But what about other, less vital accounts that you have? It’s easier to let those slide or get behind. If you do, the consequences can be severe.
Read More
New DC sports betting law: additional revenue for bars and restaurants?

New DC sports betting law: additional revenue for bars and restaurants?

As you have no doubt heard, the DC sports betting law became a reality last week when the Council approved the measure by a vote of 11-2. The new legislation comes on the heels of the Supreme Court’s ruling in Murphy v. NCAA, which struck down a Federal Law restricting sports betting.
Read More
Liquor License Settlement Agreement: Bars Beware

Liquor License Settlement Agreement: Bars Beware

If you are facing a liquor license protest, you need to be extremely careful when negotiating a Settlement Agreement with the ANC or citizen’s group. Seemingly innocuous or informative language could limit your ability to grow your business. Recently, the Board emphatically squashed a business’ expansion based on such language. This could have been avoided with a carefully worded agreement.
Read More
Holiday alcohol service liability for bars and homeowners

Holiday alcohol service liability for bars and homeowners

As we enter the Holiday season, there will be the annual barrage of office parties and in-home celebrations. Everyone should enjoy responsibly and refrain from drinking and driving. They should, but they won’t. So, you should do what you can to make sure that you are protected from alcohol service liability.
Read More
The District will give you money to lay off some security cost

The District will give you money to lay off some security cost

DC Bars, Lounges and Nightclubs, concerned about cost effective security, need to get informed about two (2) government programs that can ease the burden on your budget. The MPD Reimbursable Detail Subsidy Program and the Private Security Camera Rebate Program.
Read More
ABC License Safekeeping is not so safe

ABC License Safekeeping is not so safe

Unlike the name implies, Safekeeping of your license can result in cancelation if you aren’t on-top of your filing obligations and fees.
Read More
“The ABC Board has scheduled a fact finding,” translation: Shut-up, stupid

“The ABC Board has scheduled a fact finding,” translation: Shut-up, stupid

The ABC Board is authorized to hold several different types of hearings. Among them, is a fact finding. In a fact finding, you haven’t been formally accused of anything…yet. The Board just has some questions that they want to ask you. If that sounds ominous, it should. A fact finding hearing is a minefield that must be carefully navigated to avoid a violation.
Read More
Credit Discrimination: Cashless restaurants could be outlawed to protect the “unbanked”

Credit Discrimination: Cashless restaurants could be outlawed to protect the “unbanked”

Restaurants in D.C. are not allowed to discriminate. That is a good thing. Usually. For the better part of 60 years, Federal Law has prohibited discrimination on the basis of race, color, gender, religion in places of public accommodation, i.e. restaurants, bars and nightclubs. D.C. has broadly expanded those protections to include classifications such as personal appearance, political affiliation and matriculation.
Read More
D.C. Liquor License News

D.C. Liquor License News

The Board has been chugging along in the summer months, giving out licenses, approving agreements, punishing the wicked, business as usual. Some high profile establishments have closed or are closing because they simply couldn’t stand the regulatory heat. More than any time I can remember, it seems that establishments perceived as “bad operators” have investigatory hellfire rained down on them until there is no choice but to capitulate. That means having your compliance on-point, becomes more important than ever. Below, you will find links to my recent posts and details of upcoming programs to help you stay on top of your compliance obligations.
Read More
Is your ABC Settlement Agreement putting your bar in double jeopardy?

Is your ABC Settlement Agreement putting your bar in double jeopardy?

In a regulatory environment perfect for owners, there would be no such thing as an ABC Settlement Agreement. But, the regulatory environment isn’t perfect. The government has always allowed the public to ‘weigh-in’ on how a new liquor license or change to an existing license might affect the neighborhood.
Read More
ABRA investigation interference: Is the cover-up worse than the crime?

ABRA investigation interference: Is the cover-up worse than the crime?

The cover-up is always worse than the crime. Isn’t it? You always hear that, but is it accurate in D.C. liquor license matters? The limited number of cases that address investigation interference suggest that it isn’t.
Read More
Alcohol sale to minor violations: “Fu*k you, pay me.”

Alcohol sale to minor violations: “Fu*k you, pay me.”

It simply does not matter how proactive you have been in your liquor store or bar. If a minor is served, you are liable. It is what lawyers call “strict liability.” That means, all the Government has to prove is that a person under the age of 21 was served alcohol in your establishment. It doesn’t matter how or why. The fact that the service occurred is enough to result in a sale to minor violation.
Read More
Liquor License Protest Process in DC

Liquor License Protest Process in DC

If you are applying for, renewing, or changing a liquor license, the public gets a say. Even if you have never been through the liquor license protest process before, you have no doubt noticed those obtrusive red or green placards hung in the window, announcing the application.
Read More
Legal Changes Ahead For Liquor Licenses

Legal Changes Ahead For Liquor Licenses

With two (2) new board members sworn-in on January 24, 2017, and the Council considering both the Mayor’s proposed changes to the law and the Board’s Final Rulemaking to amend the Municipal Regulations, there are changes abound for the gamut of license types.
Read More
Your Liquor License Is At Risk If Your Government Approvals Are Not Current

Your Liquor License Is At Risk If Your Government Approvals Are Not Current

To run a restaurant, bar or any other business in the District for that matter, you need the approval of several government agencies, not just the ABC Board. Of course, you know that.
Read More
Are You Breaking The Law By Selling Cups?

Are You Breaking The Law By Selling Cups?

Yes, cups, innocuous plastic, Styrofoam, paper cups. If you are licensed to sell or serve alcohol, it is illegal for you to sell for a nominal charge or give away cups to your customers to consume alcohol off premises. To use the statutory language, it is a violation for an establishment to provide a customer “go-cups” which D.C. Code §25-101 defines as a “drinking utensil” at “no charge or a nominal charge” for the purpose of “consuming an alcoholic beverage off the premises.”
Read More
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Hospitality Posts


Image
Guide to COVID-19 Assistance for Hospitality Businesses

Guide to COVID-19 Assistance for Hospitality Businesses

Recently, the government has made COVID-19 assistance for hospitality businesses a priority. We have updated our earlier guide with the most recent legal information available. If you own a bar or restaurant and have any questions, I will be glad to consult with you free of charge.
Read More
Emergency Coronavirus Law For DC Restaurants and Bars

Emergency Coronavirus Law For DC Restaurants and Bars

The COVID-19 emergency has decimated the hospitality industry and the legal situation is fluid. We have put together this legal guide to assist you in identifying appropriate resources. If you own a nightlife establishment, I will be glad to consult with you free of charge.
Read More
Is your establishment breaking the security camera law?

Is your establishment breaking the security camera law?

Security camera systems break down, they need to be maintained, upgraded, and eventually replaced. It’s an inevitability. But, did you know, that if your cameras are not working, you are required to inform the ABC Board?
Read More
Leftover Food Donations by Restaurants: Why would you not do this?

Leftover Food Donations by Restaurants: Why would you not do this?

Every so often there is a news item about the tons of leftover food that go to waste each year while millions of Americans go undernourished. As I recently learned, this is not a problem that can be easily pinned on politicians. In fact, the Federal Government and many states have legislation that protects food donors from legal liability.
Read More
Your liquor license can be seized to satisfy outstanding debts

Your liquor license can be seized to satisfy outstanding debts

There are certain bills that a bar just has to pay on time. If you don’t pay purveyors or wholesalers you won’t have any food or drink to sell. But what about other, less vital accounts that you have? It’s easier to let those slide or get behind. If you do, the consequences can be severe.
Read More
New DC sports betting law: additional revenue for bars and restaurants?

New DC sports betting law: additional revenue for bars and restaurants?

As you have no doubt heard, the DC sports betting law became a reality last week when the Council approved the measure by a vote of 11-2. The new legislation comes on the heels of the Supreme Court’s ruling in Murphy v. NCAA, which struck down a Federal Law restricting sports betting.
Read More
Liquor License Settlement Agreement: Bars Beware

Liquor License Settlement Agreement: Bars Beware

If you are facing a liquor license protest, you need to be extremely careful when negotiating a Settlement Agreement with the ANC or citizen’s group. Seemingly innocuous or informative language could limit your ability to grow your business. Recently, the Board emphatically squashed a business’ expansion based on such language. This could have been avoided with a carefully worded agreement.
Read More
Holiday alcohol service liability for bars and homeowners

Holiday alcohol service liability for bars and homeowners

As we enter the Holiday season, there will be the annual barrage of office parties and in-home celebrations. Everyone should enjoy responsibly and refrain from drinking and driving. They should, but they won’t. So, you should do what you can to make sure that you are protected from alcohol service liability.
Read More
The District will give you money to lay off some security cost

The District will give you money to lay off some security cost

DC Bars, Lounges and Nightclubs, concerned about cost effective security, need to get informed about two (2) government programs that can ease the burden on your budget. The MPD Reimbursable Detail Subsidy Program and the Private Security Camera Rebate Program.
Read More
ABC License Safekeeping is not so safe

ABC License Safekeeping is not so safe

Unlike the name implies, Safekeeping of your license can result in cancelation if you aren’t on-top of your filing obligations and fees.
Read More
“The ABC Board has scheduled a fact finding,” translation: Shut-up, stupid

“The ABC Board has scheduled a fact finding,” translation: Shut-up, stupid

The ABC Board is authorized to hold several different types of hearings. Among them, is a fact finding. In a fact finding, you haven’t been formally accused of anything…yet. The Board just has some questions that they want to ask you. If that sounds ominous, it should. A fact finding hearing is a minefield that must be carefully navigated to avoid a violation.
Read More
Credit Discrimination: Cashless restaurants could be outlawed to protect the “unbanked”

Credit Discrimination: Cashless restaurants could be outlawed to protect the “unbanked”

Restaurants in D.C. are not allowed to discriminate. That is a good thing. Usually. For the better part of 60 years, Federal Law has prohibited discrimination on the basis of race, color, gender, religion in places of public accommodation, i.e. restaurants, bars and nightclubs. D.C. has broadly expanded those protections to include classifications such as personal appearance, political affiliation and matriculation.
Read More
D.C. Liquor License News

D.C. Liquor License News

The Board has been chugging along in the summer months, giving out licenses, approving agreements, punishing the wicked, business as usual. Some high profile establishments have closed or are closing because they simply couldn’t stand the regulatory heat. More than any time I can remember, it seems that establishments perceived as “bad operators” have investigatory hellfire rained down on them until there is no choice but to capitulate. That means having your compliance on-point, becomes more important than ever. Below, you will find links to my recent posts and details of upcoming programs to help you stay on top of your compliance obligations.
Read More
Is your ABC Settlement Agreement putting your bar in double jeopardy?

Is your ABC Settlement Agreement putting your bar in double jeopardy?

In a regulatory environment perfect for owners, there would be no such thing as an ABC Settlement Agreement. But, the regulatory environment isn’t perfect. The government has always allowed the public to ‘weigh-in’ on how a new liquor license or change to an existing license might affect the neighborhood.
Read More
ABRA investigation interference: Is the cover-up worse than the crime?

ABRA investigation interference: Is the cover-up worse than the crime?

The cover-up is always worse than the crime. Isn’t it? You always hear that, but is it accurate in D.C. liquor license matters? The limited number of cases that address investigation interference suggest that it isn’t.
Read More
Alcohol sale to minor violations: “Fu*k you, pay me.”

Alcohol sale to minor violations: “Fu*k you, pay me.”

It simply does not matter how proactive you have been in your liquor store or bar. If a minor is served, you are liable. It is what lawyers call “strict liability.” That means, all the Government has to prove is that a person under the age of 21 was served alcohol in your establishment. It doesn’t matter how or why. The fact that the service occurred is enough to result in a sale to minor violation.
Read More
Liquor License Protest Process in DC

Liquor License Protest Process in DC

If you are applying for, renewing, or changing a liquor license, the public gets a say. Even if you have never been through the liquor license protest process before, you have no doubt noticed those obtrusive red or green placards hung in the window, announcing the application.
Read More
Legal Changes Ahead For Liquor Licenses

Legal Changes Ahead For Liquor Licenses

With two (2) new board members sworn-in on January 24, 2017, and the Council considering both the Mayor’s proposed changes to the law and the Board’s Final Rulemaking to amend the Municipal Regulations, there are changes abound for the gamut of license types.
Read More
Your Liquor License Is At Risk If Your Government Approvals Are Not Current

Your Liquor License Is At Risk If Your Government Approvals Are Not Current

To run a restaurant, bar or any other business in the District for that matter, you need the approval of several government agencies, not just the ABC Board. Of course, you know that.
Read More
Are You Breaking The Law By Selling Cups?

Are You Breaking The Law By Selling Cups?

Yes, cups, innocuous plastic, Styrofoam, paper cups. If you are licensed to sell or serve alcohol, it is illegal for you to sell for a nominal charge or give away cups to your customers to consume alcohol off premises. To use the statutory language, it is a violation for an establishment to provide a customer “go-cups” which D.C. Code §25-101 defines as a “drinking utensil” at “no charge or a nominal charge” for the purpose of “consuming an alcoholic beverage off the premises.”
Read More
1 2