2019 District of Columbia Code
Title 25 - Alcoholic Beverages. [Enacted title]
Chapter 7 - Standards of Operation.
Subchapter III - Hours; Noise Restrictions; Control of Litter.
§ 25–723. Hours of sale and service for on-premises retail licensees and temporary licensees.

(a) The licensee under a hotel license may make available in the room of a registered adult guest, and charge to the registered guest if consumed, miniatures as defined in § 25-101(32A) at all hours on any day of the week.

(b) Except as provided in § 25-724 and subsections (c), (d), and (g) of this section, the licensee under an on-premises retailer's, a manufacturer's license that holds an on-site sales and consumption permit, or a temporary license may sell, serve, or consume alcoholic beverages on any day and at any time except between the following hours:

(1) 2:00 a.m. and 8:00 a.m., Monday through Friday, excluding District and federal holidays; and

(2) 3:00 a.m. and 8:00 a.m. on Saturday and Sunday, excluding District and federal holidays.

(c)(1) Except as provided in § 25-724, the licensee under an on-premises retailer's license, a manufacturer's license that holds an on-site sales and consumption permit, or a temporary license may sell, serve, or consume alcoholic beverages until 4:00 a.m. and operate 24 hours a day during the following times:

(A) On a District or federal holiday;

(B) The Saturday and Sunday preceding Martin Luther King, Jr.'s Birthday, Washington's Birthday, Memorial Day, Labor Day, and Columbus Day, as set forth in § 1-612.02(a);

(C) The Saturday and Sunday adjacent to January 1 (New Year’s Day) and July 4 (Independence Day); except, that if the holiday under this subparagraph occurs on a Tuesday, Wednesday, or Thursday, this subparagraph shall not apply; and

(D) The Friday, Saturday, and Sunday following Thanksgiving Day, as set forth in § 1-612.02(a)(9).

(2) A licensee operating under an on-premises retailer's license or a manufacturer's license that holds an on-site sales and consumption permit shall not be required to obtain Board approval to sell, serve, or consume alcoholic beverages and operate in accordance with paragraph (1) of this subsection.

(3) This subsection shall not apply during Inaugural Week, as defined in subsection (e) of this section.

(4) No fewer than 30 days before the first holiday on which a licensee seeks to extend its hours of operation pursuant to this subsection, the licensee shall provide written notification and a public safety plan to the Board and the Metropolitan Police Department of its intent to extend its hours of operation.

(d) [Repealed].

(e)(1) Every 4 years, beginning in 2013, the week of January 15 through January 21, shall be designated "Inaugural Week"; except, that in 2017, January 14 through January 22 shall be designated "Inaugural Week." Except as provided in § 25-724, during Inaugural Week, a licensee under an on premises retailer's license, a manufacturer's license, or a temporary license may sell, serve, or consume alcoholic beverages until 4 a.m. and operate 24 hours a day if the licensee:

(A) Provides written notification and a public safety plan, no later than January 7, to the Board and the Metropolitan Police Department of its hours of operation; and

(B) Pays the following fee for each day it will serve alcohol pursuant to this subsection:

(i) $250 for a CN licensee;

(ii) $100 for a CR or CT licensee;

(iii) $100 for manufacturer's licenses, class A, B, or C; and

(iv) $50 for any other licensee.

(2) A licensee operating under an on-premises retailer's license or a manufacturer's license shall not be required to obtain Board approval to sell, serve, or consume alcoholic beverages until 4:00 a.m. and operate 24 hours a day during Inaugural Week.

(f) [Repealed].

(May 3, 2001, D.C. Law 13-298, § 101, 48 DCR 2959; Mar. 25, 2009, D.C. Law 17-361, § 2(c)(1), 56 DCR 1204; Sept. 14, 2011, D.C. Law 19-21, § 8142, 58 DCR 6226; Dec. 2, 2011, D.C. Law 19-45, § 2, 58 DCR 8937; Sept. 20, 2012, D.C. Law 19-168, § 2042(a), 59 DCR 8025; May 1, 2013, D.C. Law 19-310, § 2(z), 60 DCR 3410; May 2, 2015, D.C. Law 20-270, § 2(e)(5), 62 DCR 1866; Oct. 8, 2016, D.C. Law 21-160, § 2012, 63 DCR 10775; Oct. 30, 2018, D.C. Law 22-165, § 2(f)(5), 65 DCR 9366; Oct. 30, 2018, D.C. Law 22-168, § 2052, 65 DCR 9388.)

This section is referenced in § 25-725 and § 25-827.

D.C. Law 17-361, in subsec. (b), substituted “Friday, excluding District and federal holidays” for “Friday” in par. (1) and substituted “Saturday, excluding District and federal holidays” for “Saturday” in par. (2).

D.C. Law 19-21 rewrote subsec. (b)(3), which formerly read:

“(3) 3:00 a.m. and 10:00 a.m. on Sunday.”

D.C. Law 19-45, in subsec. (b), substituted “§ 25-724 and subsections (c) and (d) of this section” for “§ 25-724”; and added subsec. (d).

The 2012 amendment by D.C. Law 19-168 substituted “subsections (c), (d), and (e)” for “subsections (c) and (d)” in the introductory language of (b); substituted “Sunday, excluding” for “on” in (b)(2); deleted former (b)(3), which read: “3:00 a.m. and 8:00 a.m. on Sunday”; rewrote (c) and (d); added (e); and made related changes.

The 2013 amendment by D.C. Law 19-310 substituted “miniatures as defined in § 25-101(32A)” for “closed miniature containers of alcoholic beverages” in (a); added (d)(4), which stated “This subsection shall expire on September 30, 2013”; and added (f).

The 2015 amendment by D.C. Law 20-270 deleted “Once each calendar year and” from the beginning of (c)(4).

For temporary (90 days) amendment of this section, see § 2052 of Fiscal Year 2019 Budget Support Congressional Review Emergency Act of 2018 (D.C. Act 22-458, Oct. 3, 2018, 65 DCR 11212).

For temporary (90 days) amendment of this section, see § 2052 of Fiscal Year 2019 Budget Support Emergency Act of 2018 (D.C. Act 22-434, July 30, 2018, 65 DCR 8200).

For temporary (90 days) amendment of this section, see § 2 of 2018 All-Star Game and World Cup Emergency Amendment Act of 2018 (D.C. Act 22-362, May 21, 2018, 65 DCR 5955).

For temporary (90 day) amendment of section, see § 2 of Inaugural Celebration Extension of Hours Emergency Act of 2008 (D.C. Act 17-614, December 19, 2008, 56 DCR 40).

For temporary (90 day) amendment of section, see § 2(b) of Inaugural Celebration Extension of Hours Public Safety Emergency Act of 2008 (D.C. Act 17-616, December 19, 2008, 56 DCR 44).

For temporary (90 day) addition, see § 2 of World Cup Extension of Hours Emergency Act of 2010 (D.C. Act 18-433, June 7, 2010, 57 DCR 4958).

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

For temporary amendment of (e)(1), see § 2 of the Inaugural Hours Emergency Act of 2012 (D.C. Act 19-614, January 14, 2013, 60 DCR 1298).

For temporary (90 days) amendment of this section, see § 2(z) 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).

For temporary (225 days) amendment of this section, see § 3 of Indigenous Peoples' Day Temporary Amendment Act of 2019 (D.C. Law 23-45, Jan. 10, 2020, 66 DCR 15341).

Short title: Section 8141 of D.C. Law 19-21 provided that subtitle O of title VIII of the act may be cited as “Opening Hours Act of 2012”.

Section 2043 of D.C. Law 19-168 provided: “Reporting Requirement. Within one year of the effective date of this subtitle, the Mayor shall transmit to the Council a report on the extensions of hours of operation for licensees licensed to sell and serve alcoholic beverages set forth in D.C. Official Code § 25-723(c), (d), and (e), and the effect of the extensions on liquor store hours, as set forth in the Off-Premises Alcohol Act of 2012, passed on 2nd reading on June 5, 2012 (Enrolled version of Bill 19-743), which shall include:

“(1) The effect of the extensions on local communities;

“(2) An assessment from the Metropolitan Police Department on the number of reported incidents related to the extensions;

“(3) An estimate from the Office of the Chief Financial Officer on the revenue implications of the extensions.”

Former subsection (d) of this section, concerning sales and service of alcoholic beverages on the second Sunday in March between 3:00 a.m. and 4:00 a.m., provided by its own terms that it would expire September 30, 2013.