District of Columbia Administrative Code

9714 OFFERS OF PROOF 9714.1 Any offer of proof made in connection with an objection to any ruling of the Board which rejects or excludes proffered oral testimony shall consist of a statement for the record of the substance of the evidence which the party contends would be establi…

9715 DOCUMENTARY EVIDENCE 9715.1 Documentary evidence offered at any hearing before the Board shall, if received by the Board, be retained by the Board. 9715.2 Any party who intends to offer documentary evidence at a hearing shall, seven (7) calendar days prior to the hearing, di…

9716 RECORDS IN PROCEEDINGS 9716.1 When any part of the record in any other proceeding before the Board, a criminal or civil action, or a proceeding before any administrative agency is offered in evidence, a certified true copy of that part of that record shall be presented to th…

9717 MOTIONS 9717.1 Any party to a protest may seek relief from the Board against an opposing party by filing a motion with the Board. Unless otherwise specified, motions shall conform to the following requirements: (a) Be in writing; (b) Served upon the other parties to the prot…

9718 POST-HEARING SUBMISSIONS 9718.1 No document or other information shall be accepted for the record after the close of a hearing except as follows: (a) Unless accompanied by a Motion to Re-open the Record demonstrating good cause and the lack of prejudice to any party; (b) Unt…

9719 DECISIONS OF THE BOARD 9719.1 Unless otherwise required, within ninety (90) calendar days after the close of the record, the Board shall render its written decision accompanied by Findings of Fact and Conclusions of Law. 9719.2 Findings of Fact and Conclusions of Law shall c…

9720 RECONSIDERATION, REHEARING, REARGUMENT, AND STAY 9720.1 A motion for reconsideration, rehearing, reargument, or stay of a decision or order of the Board shall be filed with the Board, and a copy shall be served on each party and intervenor. 9720.2 A motion for reconsideratio…

9721 EX PARTE COMMUNICATIONS 9721.1 If a proceeding is a contested case within the meaning of the DC APA (D.C. Official Code § 2-502(8)), the following restrictions shall apply: (a) A person shall not make or knowingly cause to be made to a member of the Board an ex parte communi…

9722 TRANSCRIPTS OF HEARINGS 9722.1 Hearings shall be recorded and transcribed under the direction of the Board. 9722.2 Changes in the official transcript may be made only in cases of material error. 9722.3 A motion to correct the transcript shall be filed with the Board within t…

9723 POST HEARING MOTIONS 9723.1 A petition for reconsideration, rehearing, reargument, or stay of a decision or order of the Board may be filed by a party within ten (10) days after the date of receipt of the Board’s final order. 9723.2 The filing of a post hearing motion shall …

9724 WAIVER 9724.1 The Board may, for good cause shown and in the interests of justice or to prevent hardship, waive any of the provisions contained in this chapter in any proceeding after duly advising the parties of its intention to do so. SOURCE: Final Rulemaking published at …

9800 SLIDING SCALE PROGRAM 9800.1 An internet retailer or retailer shall make available discounted cannabis on a sliding scale to qualifying patients determined eligible pursuant to § 1300.4 of this title. The term “make available” in this section means that a licensee violates t…

9900 DEFINITIONS 9900.1 When used in this subtitle, the following terms and phrases shall have the meanings ascribed: ABCA – Alcoholic Beverage and Cannabis Administration Acaricide – A substance poisonous to ticks or mites. Act – means the Legalization of Marijuana for Medical T…

300 GENERAL PROVISIONS 300.1 This chapter shall apply to the following: (a) District residents diagnosed with a terminal disease; (b) Physicians licensed in the District; (c) Pharmacists licensed in the District; (d) Pharmacies registered in the District; and (e) Funeral director…

301 PATIENT PARTICIPATION 301.1 A patient may participate in the Program if the patient is: (a) At least eighteen (18) years of age; (b) A resident of the District; (c) Under the care of a physician; and (d) Diagnosed with a terminal disease. 301.2 To participate in the Program a…

302 HEALTH CARE PROVIDER PARTICIPATION 302.1 A health care provider, including a health care professional, shall not be required, by contract or otherwise, to dispense or prescribe covered medication. 302.2 If a health care provider, including a health care professional, is unabl…

303 PHARMACIST PARTICIPATION 303.1 A pharmacist licensed in the District may participate in the Program after completing the training module approved by the Director. 303.2 A pharmacist shall only provide covered medication to a qualified patient when the pharmacist has received …

304 FUNERAL SERVICES AND DEATH RECORDS REQUIREMENTS 304.1 Neither a funeral director nor any funeral services personnel shall disclose to anyone any information they may have that the decedent has participated in the Program. 304.2 Death record clearances by the OCME shall be req…

305 SAFE DISPOSAL OF COVERED MEDICATION 305.1 If a patient participating in the Program chooses not to use covered medication, the patient, or an agent the patient has designated to dispose of unused covered medication, shall not: (a) Dispose of covered medication by flushing it …

306 CONFIDENTIALITY 306.1 No person may permit inspection of, disclose information contained in, or copy or issue a copy of any part of a record or related death record except as authorized by the Act and this chapter. 306.2 The Registrar may authorize the disclosure of informati…

399 DEFINITIONS 399.1 When used in this chapter, the following words and phrases shall have the meanings ascribed: Act—the Death with Dignity Act of 2016, effective February 18, 2017 (D.C. Law 21-182; D.C. Official Code §§ 7-661.01 et seq.), applicable as of June 6, 2017. Agent—a…

100 EXTENSION OF EXPIRATION DATES OF PROTESTED LICENSES 100.1 Licenses that have been made the subject of protest hearings shall be extended as provided by this section. 100.2 If the Board has not issued a decision on the matter, and the license has expired, the license shall con…

101 DELINEATION OF GEOGRAPHIC BOUNDARIES 101.1 In establishing a geographic boundary, including the designations of locality, section, or portion set forth in the Act or this title, the Board shall measure the specified distance in an arc from each corner of the building on which…

102 COMPUTATION OF TIME 102.1 In computing any period of time specified in this title, the day of the act, event, or default shall not be counted, and the last day of the period shall be counted unless it is a Saturday, Sunday, legal holiday, or day on which ABRA is officially cl…

199 DEFINITIONS 199.1 When used in this title, the following terms and phrases shall have the meanings ascribed: ABRA - the Alcoholic Beverage Regulation Administration. Act - Title 25, D.C. Code Enactment and Related Amendments Act of 2001. ANC - an Advisory Neighborhood Commiss…

1000 ENTERTAINMENT ENDORSEMENT 1000.1 No holder of a manufacturer’s license, class A, B, or C, holding an on-site sales and consumption permit or an on-premises retailer’s license, class C/R, D/R, C/H, D/H, C/T, D/T, C/B, or D/B, may have entertainment, dancing, or charge a cover…

1001 ENTERTAINMENT ENDORSEMENT APPLICATION 1001.1 An applicant for a new or an amended entertainment endorsement shall apply by a separate application form provided by ABRA. The application form shall include, at a minimum, information from the applicant in response to the follow…

1002 COVER CHARGE 1002.1 The holder of a manufacturer’s license, class A, B, or C, that possesses an on-site sales and consumption permit, or an on-premises retailer’s license, class C/R, D/R, C/H, D/H, C/T, D/T, C/B, or D/B shall obtain an entertainment endorsement to have a cov…

1003 ONE-DAY SUBSTANTIAL CHANGE EXCEPTION 1003.1 The holder of a manufacturer’s license, class A, B, or C, or retailer’s license, class C/R, D/R, C/H, D/H, C/T, D/T, C/B, or D/B, who does not possess an entertainment endorsement may file a one-day substantial change request with …

1004 SIDEWALK CAFÉ OR SUMMER GARDEN ENDORSEMENT 1004.1 No holder of a manufacturer’s license, class A, B, or C, with an on-site sales and consumption permit or an on-premises retailer’s license shall be permitted to sell, service, or permit the consumption of alcoholic beverages …

1005 SIDEWALK CAFÉ OR SUMMER GARDEN APPLICATION 1005.1 An applicant for a sidewalk café or summer garden endorsement shall apply by a form provided by ABRA. The form shall include, at a minimum, the name of the licensee, the address of the establishment, the requested number of o…

1006 SPORTS WAGERING ENDORSEMENT 1006.1 No licensee under an on-premises retailer’s license, class C/R, D/R, C/H, D/H, C/T, D/T, C/N, D/N, C/X, D/X, class Arena C/X, or a manufacturer’s license class A or B holding an on-site sales and consumption permit, shall be permitted to of…

1007 SPORTS WAGERING ENDORSEMENT APPLICATION 1007.1 An applicant for a sports wagering endorsement shall apply on a form provided by ABRA. The form shall require, at a minimum, the following: The name of the licensee; The establishment’s address; The requested number of sports wa…

1100 PROHIBITED STATEMENTS 1100.1 The use of any picture or illustration depicting a child or immature person, or objects (such as toys), suggestive of the presence of a child, and any statement, design, device, picture, or illustration designed to be especially appealing to chil…

1200 MANUFACTURER'S BOOKS AND RECORDS 1200.1 Each holder of a Manufacturer's license shall keep and maintain upon the licensed premises adequate books and records showing all sales or other dispositions of beverages, including the following: (a) The date of each sale; (b) The nam…

1201 MANUFACTURER'S INVOICES 1201.1 With each sale of beverage the holder of a Manufacturer's license shall cause to be made in duplicate an invoice of the sale showing the following information: (a) The date of each sale; (b) The name, addresses, and license numbers of both the …

1202 WHOLESALER'S BOOKS, RECORDS, AND REPORTS 1202.1 Each holder of a Wholesaler's license shall keep and maintain upon the licensed premises adequate books and records for each purchase showing the following: (a) The quantity in gallons of each character and brand of beverage pu…

1203 WHOLESALER'S INVOICES 1203.1 With each sale of a beverage, the holder of a Wholesaler's license shall cause to be made in duplicate an invoice of each sale showing the following information: (a) The date of each sale; (b) The names, addresses, and license numbers of both the…

1204 RETAILER'S BOOKS AND RECORDS 1204.1 Each holder of a Retailer's license shall keep and maintain available upon the licensed premises, either physically or electronically, records which include invoices and delivery slips and which adequately and fully reflect all purchases, …

1205 LISTING OF BRANDS 1205.1 Within ten (10) days of offering an alcoholic beverage product for sale, each holder of a Manufacturer's or Wholesaler's license shall furnish to the Board the following information with respect to each item of beverage for sale: (a) The brand or tra…

1206 [REPEALED] SOURCE: Commissioner’s Order issued July 12, 1949, as published at 3 DCRR § 6.2; as amended by Final Rulemaking published at 35 DCR 4947 (June 24, 1988); as amended by Final Rulemaking published at 51 DCR 4309 (April 30, 2004); as amended by Final Rulemaking publi…

1207 QUARTERLY STATEMENT OF RESTAURANTS AND HOTELS 1207.1 Within thirty (30) days after the end of each quarter, the holder of a Retailer’s license, class CR, DR, CH, or DH, shall file with the Board a self-certified statement of expenditures and receipts by the licensed establis…

1208 RETENTION AND INSPECTION OF BOOKS AND RECORDS 1208.1 The books and records referred to in this chapter, including the original and duplicate invoices, shall be open to inspection by the Board or its designated agent, and the OTR, during the establishment's approved hours of …

1300 [REPEALED] SOURCE: Final Rulemaking published at 35 DCR 4947 (June 24, 1988); as amended by Final Rulemaking published at 51 DCR 4309 (April 30, 2004); as amended by Final Rulemaking published at 55 DCR 12991 (December 26, 2008- Part 2); as amended by Final Rulemaking publis…

1301 IMPORTATION PERMITS FOR RETAILERS OF ALCOHOLIC BEVERAGES 1301.1 Pursuant to D.C. Official Code § 25-119, the Board may issue an importation permit to a holder of a retailer’s license, Class A, B, C, or D, or any other entity authorized to obtain an importation permit in acco…

1302 IMPORTATION OF ALCOHOLIC BEVERAGES FOR PRIVATE USE AND CONSUMPTION 1302.1 Any person who becomes a resident of, or establishes a domicile in, the District of Columbia, may bring into the District of Columbia his or her own personal stock of alcoholic beverages, so long as th…

1303 TRANSPORT OF BEVERAGES WITHIN THE DISTRICT OF COLUMBIA 1303.1 No licensee, or agent, or employee of a manufacturer, wholesaler, or retailer shall transport into or within the District of Columbia any of the following in a vehicle unless that vehicle bears upon the exterior o…

1400 MONTHLY TAX RENTS 1400.1 On or before the fifteenth (15th) day of each month, each licensee shall furnish to the OTR on the form prescribed by the OTR, a statement under oath showing the quantity of alcoholic beverages subject to taxation sold by the licensee during the prec…

1401 RETURNS AND LOSSES 1401.1 The tax shall not apply to alcoholic beverages returned by a retail licensee to the holder of a manufacturer's or a wholesaler's license. 1401.2 The tax shall not apply to losses of alcoholic beverages occasioned by breakage, spoilage, or theft. 140…

1402 MONTHLY TAX PAYMENTS 1402.1 Before the sixteenth (16th) day of each month, each licensee shall pay to the D.C. Treasurer the tax imposed upon the quantity of alcoholic beverages subject to taxation sold by the licensee during the preceding calendar month. 1402.2 The balance …