MURIEL BOWSER
MAYOR
October 4, 2021
The Honorable Phil Mendelson
Chairman, Council of the District of Columbia
John A. Wilson Building
1350 Pennsylvania Avenue, NW
Suite 504
Washington, DC 20004
Dear Chairman Mendelson:
Enclosed for consideration and approval by the Councilofthe District of Columbia is a proposed
resolution entitled the Metropolitan Police Department Reimbursable Detail Subsidy Program
Hours of Eligibility Approval Resolution of 2021. The Metropolitan Police Department
Reimbursable Detail Subsidy Program HoursofEligibility Notice of Fourth Emergency and
Proposed Rulemaking is being transmitted to the Council for a 90-day review period in accordance
with D.C. Official Code 25-211(b).
The rulemaking would:
lL Restore the hours of eligibility for obtaining reimbursement for RDO services to the pre-
COVID-19 pandemic hours of 11:30 p.m. to 5:00 a.m., Sunday through Saturday;
2. Restore the hours of eligibility for obtaining reimbursement for RDO services for
temporary license holders or those approved for a one-day substantial change permit to
the pre-COVID-19 pandemic hours of twenty-four (24) hours a day; and
3. Include the DC Main Streets Program to the list of entities eligible for participation in the
RDO Subsidy Program, and thus allowing reimbursement in accordance with 23 DCMR
718.
For your awareness, the emergency rulemaking was adopted during the Public Health Emergency.
Although the Public Health Emergency has expired, the emergency rules remain in effect. They are
slated to expire on October 12, 2021; however, the Alcoholic Beverage Control Board plans on
adopting a fifth emergency rulemaking on or about October 6, 2021, so that there is not a disruption
to the MPD RDO Subsidy Program while the Council reviews the proposed rulemaking.
If you have any questions on this matter, please contact Donovan Anderson, Chairperson, Alcoholic
Beverage Control Board, at (202) 442-4423.
Sincerely,
lureMBoyser
Maypr
Enclosures
RUNS
airman Phif Mendelson
at the request of the Mayor
A PROPOSED RESOLUTION
owes
IN THE COUNCIL OF THE DISTRICT OF COLUMBIA.
10
I To approve the proposed rules of the Alcoholic Beverage Control Board amending Title
12 23 of the District of Columbia Municipal Regulations, to restore the hours of
13 eligibility of the Metropolitan Police Department Reimbursable Detail Subsidy
14 Program for licensed establishments in the District of Columbia
15 RESOLVED, BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That
16 this resolution may be cited as the Metropolitan Police Department Reimbursable Detail
17 Subsidy Program Hours of Eligibility Approval Resolutionof2021.
18 Sec. 2. Pursuant to D.C. Official Code 25-2111(b)(2), the Council of the District
19 of Columbia approves the proposed rulemaking by the Alcoholic Beverage Control
20 Board, published in the District of Columbia Register at 68 DCR 7062 (August 6, 2021),
21 which will amend 23 DCMR718 by restoring the hoursofeligibility for obtaining
22 reimbursement for Metropolitan Police Department Reimbursable Detail Officer (RDO)
23 Program services to the pre-COVID-19 pandemic hours of 11:30 p.m. to 5:00 a.m.,
24 Sunday through Saturday. The proposed rulemaking also will restore the hours of
25 eligibility for obtaining reimbursement for RDO services for temporary license holders or
26 those approved for a one-day substantial change permit to the pre-COVID-19 pandemic
27 hours of 24 hours a day. In addition, the proposed rulemaking will add the DC Main
 Streets Program to the list of entities eligible for participation in the RDO Subsidy
Program, thus allowing reimbursement in accordance with 23 DCMR 718.
Sec. 3. Transmittal.
The Secretary to the Councilofthe District of Columbia shall transmit a copy of
this resolution, upon its adoption, to the Mayor, the Chairpersonofthe Alcoholic
Beverage Control Board, and the Administratorofthe Office of Documents and
Administrative Issuances.
Sec. 4, Fiscal Impact.
The Council adopts the fiscal impact statement in the committee report as the
10 fiscal impact statement required by section 4 of the General Legislative Procedure Act of
1 1975, approved October 16, 2006 (120 Stat. 2038; D.C. Official Code 1-301.47a.).
12 Sec. 5. Effective Date.
13 This resolution shall take effect immediately.
 ALCOHOLIC BEVERAGE REGULATION ADMINISTRATION
ALCOHOLIC BEVERAGE CONTROL BOARD
NOTICE OF FOURTH EMERGENCY AND PROPOSED RULEMAKING
The Alcoholic Beverage Control Board (Board), pursuant to the authority set forth in the Omnibus
Alcoholic Beverage Amendment Act of 2004, effective September 30, 2004 (D.C. Law 15-187;
D.C. Official Code 25-211(c) (2012 Repl. & 2019 Supp.)) and D.C. Official Code 25-502
(2012 Repl. & 2019 Supp.), and Mayors Order 2001-96, dated June 28, 2001, as amended by
Mayors Order 2001-102, dated July 23, 2001, adopted, on an emergency basis, amendments to
Chapter 7 (General Operating Requirements) of Title 23 (Alcoholic Beverages) of the District of
Columbia Municipal Regulations (DCMR). These fourth emergency and proposed rules were
adopted by the Board on June 16, 2021, by a voteofsix (6) to zero (0).
The emergency rulemaking modified the Metropolitan Police Department Reimbursable Detail
Subsidy Program (RDO Subsidy Program) by:
1. Restoring the hours of eligibility for obtaining reimbursement for RDO services to the pre-
COVID-19 pandemic hours of 11:30 p.m. to 5:00 a.m., Sunday through Saturday;
2. Restoring the hours of eligibility for obtaining reimbursement for RDO services for
temporary license holders or those approved for a one-day substantial change permit to
the pre-COVID-19 pandemic hours of twenty-four (24) hours a day; and
3. Including the DC Main Streets Program to the list of entities eligible for participation in
the RDO Subsidy Program, and thus allowing reimbursement in accordance with 23
DCMR 718.
BACKGROUND
Since the first confirmed case of COVID-19 in the District of Columbia, Mayor Bowser has taken
deliberate steps to protect District residents and its visitors. On March 11, 2020, Mayor Bowser
declared a Public Health Emergency and Public Emergency in the District, and in tur, instituted
a rangeof COVID-19-related restrictions for bars and restaurants. See Mayors Orders 2020-045
and 2020-046 (March 11, 2020). See 67 DCR 002956 and 002961. Similarly, the Board has taken
a series of steps to address ABC-licensed establishments operations during the pandemic so that
they could continue to operate while at the same protecting their patrons health and safety. One
such action that the Board took was to reduce the hoursofeligibility for reimbursement of RDO
services considering ABC-licensed establishments reduced operations. See MPD Reimbursement
Detail Subsidy Program HoursofEligibility Notice ofSecond Emergency Rulemaking, adopted
on February 24, 2021; MPD Reimbursable Detail Subsidy Program HoursofEligibility Notice of
Emergency Rulemaking, adopted on November 4, 2020 [SUPERSEDED]. See 68 DCR 005713 -
005716 (May 28, 2021).
Although the District's Public Health Emergency and Public Emergency have been extended, the
number of District residents testing positive for COVID-19 continues to decrease. As a result of
this positive trend, Mayor Bowser announced that asof5:00 a.m. on May 21, 2021, restaurants
and taverns were permitted to operate at one hundred percent (100%) of their occupancy load
without restrictions as to time or activities. See Mayors Order 2021-069, dated May 18, 2021, 68
DCR 005480 (May 21, 2021). Mayor's Order 2021-069 further provided that effective 5:00 a.m.
on June 11, 2021, the remaining classesof on-premises retailers would be permitted to operate at
full capacity without restrictions as to hours of eligibility or activities.
Recognizing that ABC-establishments would return to pre-COVID-19 operations, and especially
as we approach the warmer summer months and upcoming holiday weekends, the Board adopted
the MPD Reimbursable Detail Subsidy Program HoursofEligibility Noticeof Third Emergency
Rulemaking on May 26, 2021, which reinstated the pre-COVID full hours of eligibility for
reimbursement for RDO services (e.g., 11:30 p.m. to 5:00 am., Sunday through Saturday),
effective July 1, 2021. Lastly, the third emergency rulemaking amended 23 DCMR718.1 to
include the DC Main Streets Program as a recognized entity eligible for participation in the RDO
Subsidy Program. See 68 DCR 006852 (July 9, 2021).
After the adoption of the third emergency rulemaking, the Board determined that not only was
emergency action necessary but that allowing the DC Main Streets Program to participate in the
RDO program warranted permanent adoption. As such, the Board adopted the MPD Reimbursable
Detail Subsidy Program Hours of Eligibility Notice of Fourth Emergency and Proposed
Rulemaking for purposes of taking the steps necessary to adopt the rules on a permanent basis.
The fourth emergency and proposed rulemaking superseded the emergency rules the Board
adopted on May 26, 2021, and will expire on October 14, 2021.
This fourth emergency and proposed rulemaking was published in D.C. Register for public notice
and comment on July 16, 2021 at 68 DCR 7062. The thirty (30)-day comment period ended on
August 16, 2021, without the comment from the public. The Board also held a public hearing on
August 11, 2021. No one appeared to testify at the hearing and no comments were submitted. At
this time, the proposed rulemaking is ripe for consideration by the Council of the District of
Columbia (Council).
On September 15, 2021, the Board voted to submit the MPD Reimbursable Detail Subsidy
Program Hours of Eligibility Notice of Fourth Emergency and Proposed Rulemaking to the
Council for review in accordance D.C. Official Code 25-211(b)(2).
Chapter 7, GENERAL OPERATING REQUIREMENTS,ofTitle 23 DCMR, ALCOHOLIC
BEVERAGES, is amended as follows:
Section 718, REIMBURSABLE DETAIL SUBSIDY PROGRAM, is amended as follows:
Subsection 718.1 is amended to read as follows:
718.1 This section sets forth the procedures for receiving reimbursement from ABRA
under the subsidy program for monies paid to the Metropolitan Police Department
(MPD) by licensees for the hiring of MPD officers to work a reimbursable detail.
Alicensee, a group of licensees, a Business Improvement District on behalf of
licensees, or a DC Main Streets Program on behalf oflicensees, may enter into an
agreement with MPD to provide for reimbursable detail and are eligible for
reimbursement under the subsidy program. This section shall apply only to the
extent that:
(a) Funds are appropriated for the subsidy program; and
 (b) _ABRA has sufficient funds allocated for this program remaining to
reimburse MPD for costs incurred by licensees for MPD officers working
reimbursable details.
Subsection 718.2 is amended to read as follows:
718.2 ABRA will reimburse MPD for a percentage, as published in the D.C. Register, of
the total cost of invoices submitted by MPD to cover the costs incurred by licensees
for MPD officers working reimbursable details on Sunday through Saturday nights.
Effective July 1, 2021, the hours eligible for reimbursement for on-premises retailer
licensees shall be 11:30 p.m. to 5:00 a.m, Prior to July 1, 2021, the hours of
eligibility shall be 2 p.m. to 2 a.m., Sunday through Saturday.
A new Subsection 718.3 is added to read as follows:
7183 Effective July 1, 2021, ABRA will also reimburse MPD a percentage, as published
in the D.C. Register, of the total costsof invoices submitted by MPD to cover the
costs incurred for outdoor special events where the licensee has been approved for
a one-day substantial change license or temporary license. The hours eligible for an
outdoor special event operating under a one-day substantial change license, a
temporary license, or a pub crawl event operating under a pub crawl license shall
be twenty-four (24) hours a day.
Existing Subsections 718.3 through 718.6 are renumbered 718.4 through 718.7.
 Government of the District of Columbia
Office of the Chief Financial Officer
xk


Fitzroy Lee
InterimChief Financial Officer
MEMORANDUM
TO: The Honorable Phil Mendelson
Chairman, Council ofthe District of Columbia
FROM: Fitzroy Lee Ata Lee
Interim Chief Financial Officer
DATE: September 7, 2021
SUBJECT: Fiscal Impact Statement
- Metropolitan Police Department
Reimbursable Detail Subsidy Program Hours of Eligibility Approval
Resolution of 2021
REFERENCE: Draft Proposed Resolution as provided to the Office ofRevenue
Analysis on August 16, 2021
Conclusion
Funds are sufficient in the fiscal year 2022 through fiscal year 2025 budget and financial plan to
implement the proposed resolution.
Background
The Alcoholic Beverage Regulation Administration (ABRA) operates the Metropolitan Police
Department (MPD) Reimbursable Detail Subsidy Program (Program) where an Alcoholic Beverage
Control Board (Board) licensed establishment, group of licensed establishments, or a Business
Improvement District on behalf oflicense establishments can requestasecuritydetail from MPD and
ABRA will reimburse MPD a percentage of the detail's costs.t During the public health emergency,
ABRA changed the hours an MPD detail could work and be reimbursed by ABRA from 11:30 p.m. to
:00 a.m., Sunday through Saturday, to 2:00 p.m. to 2:00 am, Sunday through Saturday? ABRA also
reimburses MPD a percentage of the costs for outdoor temporary, substantial change, and pub crawl
licenses for a 24-hour period.
1 Reimbursable Detail Subsidy Program, effective March 6, 2020 (23 DCMR
718).
2 MPD Reimbursable Detail Subsidy Program HoursofEligibility Notice of Second Emergency Rulemaking,
adopted February 24, 2021 (68 DCR 22).
1350 Pennsylvania Avenue, NW, Suite 203, Washington, DC 20004 (202)727-2476
www.cfo.degov
The Honorable Phil Mendelson
FIS; Metropolitan Police Department Reimbursable Detail Subsidy Program Hours of Eligibility Approval
Resolutionof2021, Draft Proposed Resolution as provided to the Office ofRevenue Analysis on August 16,
2021
The resolution approves permanent regulations that return the ABRA Program hoursofeligibility to
11:30 p.m. to 5:00 a.m, The regulations also allowa DC Main Streets Program* to request
a security
detail on behalf
oflicensed establishments.
Financial Plan Impact
Funds are sufficient in the fiscal year 2022 through fiscal year 2025 budget and financial plan to
implement the proposed resolution. The regulations will revert the Program back to its pre-public
health emergency hours of eligibility criteria and adds DC Main Streets Programs as eligible
applicants on behalf of licensed establishments. ABRA has approximately $1.2 million in fiscal year
2022 to support the Program. The existing regulations and proposed regulations affirm that
reimbursements in the Program are only available to the extent that funds are appropriated for the
Program,
3 The proposed regulations maintain the hoursof 2:00 p.m. to 2:00 a.m. for reimbursements for activity prior
to July 1, 2021.
+ https://dstbd.de.gov/service/DCMS.
 GOVERNMENT OF THE DISTRICT OF COLUMBIA.
Office of the Attorney General
xk
ATTORNEY GENERAL EEE PRIVILEGED AND CONFIDENTIAL
KARL A. RACINE ATTORNEY-CLIENT COMMUNICATION
Legal Counsel Division
MEMORANDUM
TO: April R. Randall
Assistant General Counsel
Alcoholic Beverage Regulation Administration
FROM: Brian K. Flowers 2AF/%
Deputy Attorney General
Legal Counsel Division
DATE: July 8, 2021
SUBJECT: Legal Sufficiency ReviewofNotice of Emergency and Proposed Rulemaking
to Amend Chapter 7 (General Operating Requirements) ofTitle 23
(Alcoholic Beverages) of the District of Columbia Municipal Regulations
(DCMR), and Accompanying Approval Resolution
(AR-20-446-D)
This memorandum responds to your request that this Office conduct a legal sufficiency review of
the above-referenced notice of emergency and proposed rulemaking, and the related approval
resolution. Both the rulemaking and the resolution are legally sufficient.
The Alcoholic Beverage Regulation Administration (ABRA), under the Reimbursable Detail
Subsidy (RDO) Program, defrays someofthe costs when alcohol licensed establishments hire
off-duty Metropolitan Police Department (MPD) officers to patrol the areas surrounding their
establishments or an outdoor special event or pub crawl event. Three prior emergency
rulemakings have amended 23 DCMR718 to reduce the percentageofcosts reimbursed by
ABRA to zero, due to the COVID-19 public health emergency.
As licensed establishments have begun to resume operations, the Board has decided to resume
reimbursing a percentageofthe total RDO costs by amending 23 DCMR 718.' This
rulemaking will: restore the hours eligible for RDO program reimbursement to the pre-COVID-
19 pandemic standard of 11:30 p.m. to 5:00 a.m., Sunday through Saturday; restore the hours
eligible for reimbursement for temporary license holders or an approved one-day substantial
change permit to the pre-pandemic standardoftwenty-four (24) hours a day; and add the DC
Main Streets Program to the list ofentities eligible to participate in the RDO Subsidy Program.
*See D.C. Official Code 25-798(c-1)(2).
1350 Pennsylvania Avenue, N.W., Suite 409, Washington,
D.C. 20004 Phone (202) 724-5524 Fax (202) 730-0654
 In this rulemaking, RDO reimbursement is contingent upon the City Council funding the
program, and ABRA having sufficient funds earmarked for the program.
The Board has the authority to promulgate this rulemaking pursuant to the authority set forth in
the Omnibus Alcoholic Beverage Amendment Actof 2004, effective September 30, 2004 (D.C.
Law 15-187; D.C. Official Code 25-211(b) and (c)) and Mayor's Order 2001-96, dated June
28, 2001.
Emergency rulemaking is necessary here to continue to respond to the financial concerns of
licensees, while the proposed rulemaking is being considered. This Office has reviewed the
notice of emergency and proposed rulemaking and finds it to be leg