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.

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.

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.

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.

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.

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.

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.”

The City Council introduced legislation enabling the creation of the Office & Commission on Nightlife(B-22-508). I put the link to the proposed legislation right upfront this time because I realize that what follows might be described as a light rant about how a Commission on Nightlife would not be necessary to advise the Mayor, if the Mayor actually appointed industry representatives to the ABC Board that regulates much of the dusk til’ dawn economy.

It is now legal for restaurant owners to allow patrons to bring pets into the outdoor seating areas provided certain conditions are met. Personally, I had no idea that allowing dogs in outdoor seating areas of restaurants was illegal. I have seen this, for years, all over the city, and frankly, thought nothing of it. I have never come across or even heard of an establishment receiving a violation for allowing dogs in outdoor areas. Apparently, during the summer months, the Department of Heath, cracked down on such conduct, issuing a slew of enforcement notices to restaurants with outdoor seating.