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AN ACT
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IN THE COUNCIL OF THE DISTRICT OF COLUMBIA
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To amend, on an emergency basis, due to congressional review, the Coronavirus Support
Temporary Amendment Act of 2020, and the Coronavirus Support Second Congressional
Review Emergency Amendment Act of 2020 to modify the expiration date of the Districts
Streatery Program; to make the permitted hours of alcohol sales under the Streatery and
Pop Up Locations Programs consistent with the Fiscal Year 2021 Budget Support Act of
2020; and to provide clarity to licensees and the public with regard to the requirements for
operating under the Streatery and Pop Up Locations Programs.
BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this
act may be cited as the Revised Streatery and Pop Up Locations Programs Clarification
Congressional Review Emergency Amendment Act of 2021.
Sec. 2. The amendatory language of 25-113(a) in section 204(a)(2) of the Coronavirus
Support Temporary Amendment Act of 2020, enacted on July 7, 2020 (D.C. Act 23-334; 67
DCR 8622), is amended as follows:
(1) Subparagraph (3)(D) is amended to read as follows:
(D)(i) An on-premises retailers licensee, class C/R, D/R, C/T, D/T, C/H,
D/H, C/N, D/N, C/X, or D/X, including a multipurpose facility or private club, that is registered
with the Board under subparagraph (C) of this paragraph may also register with the Board to sell,
on a temporary basis, beer, wine, or spirits for on-premises consumption indoors and to sell beer,
wine, or spirits in closed containers accompanied by one or more prepared food items for off-
premises consumption from up to 2 additional locations other than the licensed premises.
(ii) Board approval shall not be required for the additional
registration under this subparagraph; provided, that:
(I) The licensee separately registers with the Board and
receives written authorization from ABRA prior to offering beer, wine, or spirits for carryout or
delivery or on-premises consumption indoors at the additional location;
(II) For carry-out and delivery, the licensee, the additional
locations owner, or a prior tenant at the additional location possesses a valid certificate of
occupancy for the building used as the additional location, unless the additional location is
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located on outdoor private space;
(III) For on-premises consumption indoors, the additional
locations owner or a prior tenant at the additional location possesses a valid certificate of
occupancy for a restaurant or other eating or drinking establishment;
(IV) The licensee has been legally authorized by the
owner of the building or the property utilized as the additional location to utilize the space for
carryout and delivery, or indoor dining;
(V) The licensee agrees to follow all applicable District
laws, regulations, guidance documents, administrative orders, including Mayors Orders, and
permit requirements or conditions, which may contain requirements that supersede provisions
contained in this section; and
(VI) The additional location from which the licensee
intends to offer alcoholic beverages for carryout or delivery or on-premises consumption for
indoor dining is located in a commercial or mixed-use zone as defined in the zoning regulations
for the District.
(iii) An on-premises retailers license, class C/R, D/R, C/T, D/T,
C/H, D/H, C/N, D/N, C/X, or D/X, including a multipurpose facility or private club, may sell,
serve, and allow the consumption of beer, wine, or spirits indoors on the premises of the
additional location pursuant to sub-subparagraph (i) of this paragraph; provided, that the licensee
shall:
(I) Limit its indoor capacity to no more than 50% of the
lowest indoor occupancy load or seating capacity on its certificate of occupancy, excluding
employees and any separately registered outdoor seating;
(II) Place indoor tables serving separate parties at least 6
feet apart from one another;
(III) Ensure for non-movable communal tables that parties
are seated at least 6 feet apart from one another and that the communal table is marked with 6
foot divisions, such as with tape or signage;
(IV) Ensure that all indoor dining customers are seated
and place orders and are served food or alcoholic beverages at tables;
(V) Prohibit events and activities that would require
patrons to be standing, cluster, or be in close contact with one another, including dancing,
playing darts, bowling, ping pong, pool, throwing axes, or indoor playgrounds;
(VI) Prohibit patrons from bringing their own alcoholic
beverages;
(VII) Prohibit self-service buffets;
(VIII) Have a menu in use containing a minimum of 3
prepared food items available for purchase by patrons;
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(IX) Require the purchase of one or more prepared food
items per table;
(X) Ensure that prepared food items offered for sale or
served to patrons are prepared on the licensed premises or off-premises at another licensed entity
that has been approved to sell and serve food by the District of Columbia Department of Health
(DC Health);
(XI) Restrict its operations, excluding carry-out and
delivery, and the sale, service, or the consumption of alcoholic beverages indoors for on-
premises consumption to the hours between 6:00 a.m. and midnight, Sunday through Saturday,
effective October 1, 2020;
(XII) Not have more than 6 individuals seated at a table or
a joined table;
(XIII) Require patrons to wait outside at least 6 feet apart
until they are ready to be seated or make an on-site reservation;
(XIV) Not provide live music or entertainment on the
registered indoor space without a waiver from the District of Columbia Homeland Security and
Emergency Management Agency; except, that background or recorded music played at a
conversational level that is not heard in the homes of District residents shall be permitted;
(XV) Not serve alcoholic beverages or food to standing
patrons;
(XVI) Prohibit standing at indoor bars and only permit
seating at indoor bars that are not being staffed or utilized by a bartender;
(XVII) Require a minimum of 6 feet between parties
seated at indoor bars, rail seats, or communal tables;
(XVIII) Provide and require that wait staff wear masks;
(XIX) Require that patrons wear masks or face coverings
when waiting in line outside of the establishment or while traveling to use the restroom or until
they are seated and eating or drinking;
(XX) Implement a reservation system by phone, on-line,
or on-site and consider keeping customer logs to facilitate contact tracing by DC Health;
(XXI) Implement sanitization and disinfection protocols
including the provision of single use condiment packages; and
(XXII) Have its own clearly delineated indoor space and
not share tables and chairs with another business.
(iv) An on-premises retailer licensee shall not offer beer, wine, or
spirits for carryout and delivery on public space; except, that an additional location under this
subparagraph may include a sidewalk caf that has been issued a public space permit by the
District Department of Transportation (DDOT).
(v) An on-premises retailers licensee who has been registered to
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offer beer, wine, or spirits for carryout or delivery in accordance with this subparagraph shall do
so only at the additional location.
(vi) An on-premises retailer licensee who has been registered to
offer beer, wine, or spirits for carryout or delivery or on-premises alcohol consumption for
indoor dining in accordance with this subparagraph may do so for no longer than 60 calendar
days. The Board may approve a written request from an on-premises retailers licensee to extend
carryout or delivery alcohol sales or on-premises alcohol sales and consumption for indoor
dining from an additional location pursuant to this subparagraph for one additional 30 calendar-
day period. A licensee shall not offer beer, wine, or spirits for carryout or delivery for off-
premises consumption or on-premises alcohol sales and consumption for indoor dining from the
additional location for more than 90 calendar days unless a completed application to do so has
been filed with the Board with notice provided to the public in accordance with 25-421.
(vii) The on-premises retailer licensee may sell and deliver
alcoholic beverages for carryout and delivery from an additional location in accordance with this
subparagraph only between the hours of 6:00 a.m. and 1:00 a.m., 7 days a week, effective
October 1, 2020.
(viii) The Board may fine, suspend, cancel, or revoke an on-
premises retailers license, and shall revoke its registration to offer beer, wine, or spirits for
carryout or delivery or on-premises alcohol sales and consumption of the indoor location at the
additional location if the licensee fails to comply with sub-subparagraphs (i) through (vi) of this
subparagraph..
(ix) Notwithstanding sub-subparagraph (iii) of this subparagraph,
if an on-premises retailers license, class C or D, has a settlement agreement governing its
operations, the Board shall interpret the settlement agreement language that restricts the indoor
sale, service, and consumption of beer, wine, or spirits to on-premises as applying only to indoor
sales, service, or consumption of beer, wine, or spirits at the licensed premises and not the
additional location on a temporary basis because prior to the Coronavirus pandemic this new
registration process was not available to eligible licensees..
(2) Paragraph (6) is amended to read as follows:
(6)(A) An on-premises retailers licensee, class C/R, D/R, C/T, D/T, C/H, D/H,
C/N, D/N, C/X, or D/X, including a multipurpose facility or private club, or a manufacturers
licensee, class A or B, with an on-site sales and consumption permit, or a Convention Center
food and alcohol business may register with the Board at no cost to sell, serve, and permit the
consumption of beer, wine, or spirits on new or expanded temporary ground floor or street level
outdoor public or private space not listed on its existing license. Upon registration, Board
approval shall not be required; provided, that the licensee:
(i) Registers with the Board and receives written authorization
from ABRA prior to selling, serving, or permitting the consumption of beer, wine, or spirits on
the proposed outdoor public or private space;
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(ii) Registers with DDOT prior to operating on any proposed
outdoor public space or receives written approval from the property owner prior to utilizing any
proposed outdoor private space; and
(iii) Agrees to follow all applicable District laws, regulations,
guidance documents, administrative orders, including Mayors Orders and permit requirements
or conditions, which may contain requirements that supersede provisions contained in this
section.
(B) An on-premises retailers license, class C or D, or a manufacturers
license, class A or B, with an on-site sales and consumption permit, or a Convention Center food
and alcohol business that has registered with the Board to sell, serve, and permit the consumption
of beer, wine, and spirits to seated patrons on outdoor public or private space not listed on its
existing license in accordance with subparagraph (A) of this paragraph shall:
(i) Place tables on the outdoor public or private space so that
patrons in separate parties are at least 6 feet apart from one another;
(ii) Ensure that all outdoor dining customers are seated and place
orders and are served food or alcoholic beverages at tables;
(iii) Prohibit events and activities that would require patrons to
cluster or be in close contact with one another, including dancing, playing darts, video games, or
other outdoor games;
(iv) Prohibit patrons from bringing their own alcoholic beverages;
(v) Prohibit self-service buffets;
(vi) Have a menu in use containing a minimum of 3 prepared food
items available for purchase by patrons;
(vii) Require the purchase of one or more prepared food items per
table;
(viii) Ensure that prepared food items offered for sale or served to
patrons are prepared on the licensed premises or off-premises at another licensed entity that has
been approved to sell and serve food by DC Health;
(ix) Ensure that the proposed outdoor public or private space is
located in a commercial or mixed-use zone as defined in the Districts zoning regulations;
(x) Restrict its operations, excluding carry-out and delivery, and
the sale, service, or the consumption of alcoholic beverages outdoors for on-premises
consumption to the hours between 6:00 a.m. and midnight, Sunday through Saturday, effective
October 1, 2020;
(xi) Not have more than 6 individuals seated at a table;
(xii) Require patrons to wait outside at least 6 feet apart until they
are ready to be seated or make an on-site reservation;
(xiii) Not provide live music or entertainment, except for
background or recorded music played at a conversational level that is not heard in the homes of
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District residents;
(xiv) Not serve alcoholic beverages or food to standing patrons;
(xv) Prohibit standing at outdoor bars and only permit seating at
outdoor bars that are not being staffed or utilized by a bartender;
(xvi) Abide by the terms of their public space permit with regard
to the allowable placement of alcohol advertising, if any, in outdoor public space;
(xvii) Provide and require that wait staff wear masks;
(xviii) Require that patrons wear masks or face coverings while
waiting in line outside of the restaurant or while traveling to use the restroom or until they are
seated and eating or drinking;
(xix) Implement a reservation system by phone, on-line, or on-site
and consider keeping customer logs to facilitate contact tracing by DC Health;
(xx) Implement sanitization and disinfection protocols including
the provision of single-use condiment packages; and
(xxi) Have its own clearly delineated outdoor space and not share
tables and chairs with another business.
(C) Registration under subparagraph (A) of this paragraph shall be valid
until December 31, 2021.
(D) The Board may fine, suspend, or revoke an on-premises retailers
licensee, class C or D, or a manufacturers licensee, class A or B, with an on-site sales and
consumption permit, and shall revoke the registration to sell, serve, or permit the consumption of
beer, wine, or spirits on outdoor public or private space not listed on the license, if the licensee
fails to comply with subparagraph (A) or (B) of this paragraph.
(E)(i) Notwithstanding subparagraph (B) of this paragraph, the Board
shall interpret settlement agreement language that restricts sidewalk cafs or summer gardens as
applying only to those outdoor spaces that are currently licensed by the Board as sidewalk cafs
or summer gardens.
(ii) The Board shall not interpret settlement agreement language
that restricts or prohibits sidewalk cafs or summer gardens to apply to new or extended outdoor
space, the use of which is now permitted under this paragraph.
(iii) The Board shall not interpret settlement agreement language
that restricts or prohibits the operation of permanent outdoor space to mean prohibiting the
temporary operation of sidewalk cafs or summer gardens.
(iv) The Board shall require all on-premises retailer licenses, class
C or D, or manufacturer licenses, class A or B, with an on-site sales and consumption permit, to
delineate or mark currently licensed outdoor space from new or extended outdoor space
authorized by the DDOT or the property owner.
(v) With regard to existing outdoor public or private space, parties
to a settlement agreement shall be permitted to waive provisions of settlement agreements that
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address currently licensed outdoor space for a period not to exceed 180 days.
(E) For purposes of this paragraph, ground floor or street level sidewalk
cafs or summer gardens enclosed by awnings or tents having no more than one side shall be
considered outdoor space. Areas enclosed by retractable glass walls and other forms of operable
walls shall not be considered outdoor dining. Temporary unlicensed rooftops and summer
gardens not located on the ground floor or street level are not eligible for registration under
subparagraph (A) of this paragraph.
(F) A manufacturers licensee, class A or B, with an on-site sales and
consumption permit or a retailers licensee class C/T, D/T, C/N, D/N, C/X, or D/X, may partner
with a food vendor during its operating hours to satisfy the requirement of subpar