Code of the District of Columbia

§ 25–402. New license application for manufacturer, wholesaler, or retailer.

(a) The application of a person applying for a manufacturer’s, wholesaler’s, or retailer’s license shall include:

(1) In the case of an individual applicant, the trade name of the business, if applicable, and the name and address of the individual; in the case of a partnership or limited liability company applicant, the trade name of the business, if applicable, and the names and addresses of each member of the partnership or limited liability company; and in the case of a corporate applicant, the legal name, trade name, place of incorporation, principal place of business, and the names and addresses of each of the corporation’s principal officers, directors, and shareholders holding, directly or beneficially, 10% or more of its common stock;

(2) The name and address of the owner of the establishment for which the license is sought and the premises where it is located; provided, that this requirement shall not apply to applicants for a solicitor’s license;

(3) The class of license sought;

(4) The proximity of the establishment to the nearest public or private, elementary, middle, charter, junior high, or high school, and the name of the school;

(5) The size and design of the establishment, which shall include both the number of seats (occupants) and the number of patrons permitted to be standing, both inside and on any sidewalk café or summer garden.

(6) A detailed description of the nature of the proposed operation, including the following:

(A) The type of food to be offered, if any;

(B) The type of entertainment to be offered, if any;

(C) The goods and services to be offered for sale, in addition to alcoholic beverages, if any;

(D) The hours during which the establishment plans to sell alcoholic beverages;

(E) If different from those stated in subparagraph (D) of this paragraph, the hours during which the establishment plans to remain open for the sale of goods or services other than alcoholic beverages and a description of the provisions planned for the storage of the alcoholic beverages, as required under § 25-754, during hours when the sale of alcoholic beverages is prohibited;

(7) An affidavit that complies with § 47-2863(b);

(8) Documents or other written statements or evidence establishing to the satisfaction of the Board that the person applying for the license meets all of the qualifications set forth in § 25-301; and

(9) Written statements or evidence establishing to the satisfaction of the Board that the applicant has complied with the requirements of § 25-423.

(b) The applicant for a restaurant or hotel license shall attest that it will receive at least 45% of its gross annual receipts from the sale of food during each year of the license period.

(c) The Board shall establish application procedures for the issuance of a caterer’s license under § 25-211(b).

(d)(1) The applicant for a nightclub license shall file a written security plan with the Board.

(2) The Board may require, in its sound discretion, the applicant for a restaurant, tavern, or multipurpose facility license to file a written security plan with the Board.

(3) A written security plan filed pursuant to this subsection shall include at least the following elements:

(A) A statement on the type of security training provided for, and completed by, establishment personnel, including:

(i) Conflict resolution training;

(ii) Procedures for handling violent incidents, other emergencies, and calling the Metropolitan Police Department; and

(iii) Procedures for crowd control and preventing overcrowding;

(B) The establishment’s procedures for permitting patrons to enter;

(C) A description of how security personnel are stationed inside and in front of the establishment and the number and location of cameras used by the establishment;

(D) Procedures in place to prevent patrons from becoming intoxicated and ensuring that only persons 21 years or older are served alcohol;

(E) A description of how the establishment maintains an incident log; and

(F) The establishment’s procedures for preserving a crime scene.

(G) [Repealed].

(4)(A) If cameras are required to be installed by the Board or in accordance with the establishment's security plan or settlement agreement, the establishment shall ensure that:

(i) The cameras utilized by the establishment are operational;

(ii) Any footage of a crime of violence or a crime involving a gun is maintained for a minimum of 30 days; and

(iii) The security footage is made available within 48 hours upon the request of ABRA or the Metropolitan Police Department.

(B) If the licensee knows or reasonably should know that the cameras are not operational, the licensee shall notify the Board within 10 days of learning that the cameras are not operating and provide the Board with proof of corrective maintenance.


(Jan. 24, 1934, 48 Stat. 327, ch. 4, § 14; Aug. 25, 1937, 50 Stat. 802, 803, ch. 766, §§ 1, 2; June 15, 1938, 52 Stat. 691, ch. 396, § 3; June 29, 1953, 67 Stat. 103, ch. 159, § 404(e), (f); Aug. 2, 1968, 82 Stat. 616, Pub. L. 90-450, title IV, § 404; Mar. 5, 1981, D.C. Law 3-146, § 4, 27 DCR 4753; Sept. 29, 1982, D.C. Law 4-157, §§ 8, 15, 29 DCR 3617; Mar. 8, 1984, D.C. Law 5-51, § 2(b)(4), (c), 30 DCR 5927; June 29, 1984, D.C. Law 5-97, § 2, 31 DCR 2556; Mar. 7, 1987, D.C. Law 6-217, § 9, 34 DCR 907; June 5, 1987, D.C. Law 7-7, § 2, 34 DCR 2640; Oct. 3, 1992, D.C. Law 9-174, § 2(b), (c), 39 DCR 5859; May 24, 1994, D.C. Law 10-122, § 2(f), 41 DCR 1658; Apr. 20, 1999, D.C. Law 12-261, § 2003(q)(2), 46 DCR 3142; Oct. 20, 1999, D.C. Law 13-39, § 2, 46 DCR 6548; May 3, 2001, D.C. Law 13-298, § 101, 48 DCR 2959; Mar. 2, 2007, D.C. Law 16-192, § 1012(b), 53 DCR 6899; July 18, 2008, D.C. Law 17-201, § 4(b), 55 DCR 6289; Mar. 25, 2009, D.C. Law 17-353,§ 242, 56 DCR 1117; May 1, 2013, D.C. Law 19-310, § 2(m), 60 DCR 3410; Apr. 7, 2017, D.C. Law 21-260, § 2(d)(1), 64 DCR 2079.)

Prior Codifications

1981 Ed., § 25-402.

1973 Ed., § 25-115.

Section References

This section is referenced in § 25-404 and § 25-433.

Effect of Amendments

D.C. Law 16-192, in subsec. (a)(1), substituted “shareholders holding, directly or beneficially, 10% or more of its common stock” for “shareholders holding 25% or more of its common stock”.

D.C. Law 17-201 rewrote subsec. (a)(6); and added subsecs. (d), (e), and (f). Prior to repeal, subsec. (a)(6) read as follows: “(6) The size and design of the establishment for which the license is sought;”

D.C. Law 17-353, in subsec. (a), redesignated former pars. (6) to (10) as pars. (5) to (9), respectively.

The 2013 amendment by D.C. Law 19-310 redesignated former (d), (e), and (f) as (d)(1), (d)(2), and (d)(3), respectively; and rewrote (d)(3).

Emergency Legislation

For temporary (90 day) amendment of section, see § 1012(b) of Fiscal Year 2007 Budget Support Emergency Act of 2006 (D.C. Act 16-477, August 8, 2006, 53 DCR 7068).

For temporary (90 day) amendment of section, see § 1012(b) of Fiscal Year 2007 Budget Support Congressional Review Emergency Act of 2006 (D.C. Act 16-499, October 23, 2006, 53 DCR 8845).

For temporary (90 day) amendment of section, see § 1012(b) of Fiscal Year 2007 Budget Support Congressional Review Emergency Act of 2007 (D.C. Act 17-1, January 16, 2007, 54 DCR 1165).

For temporary amendment of (d) through (f), see § 2(m) of the Omnibus Alcoholic Beverage Regulation Emergency Amendment Act of 2012 (D.C. Act 19-597, January 14, 2013, 60 DCR 1001).

For temporary (90 days) amendment of this section, see § 2(m) of the Omnibus Alcoholic Beverage Regulation Congressional Review Emergency Act of 2013 (D.C. Act 20-52, April 22, 2013, 60 DCR 6372, 20 DCSTAT 1388).