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Councilmember Carol Schwartz A BILL IN THE
COUNCIL OF THE DISTRICT OF COLUMBIA
Councilmember Carol Schwartz introduced the following bill, which was referred to the
Committee on _____
To amend the Alcoholic Beverage Control Act to permit residents to consume alcohol in
areas of their property that are commonly considered to be for their use and enjoyment and
to provide a definition of opened containers.
BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this act may be cited as
the "Opened Alcoholic Beverage Containers Amendment Act of 1998".
Sec. 2. The District of Columbia Alcoholic Beverage Control Act,
approved January 24, 1934 (48 Stat. 319; D.C. Code §25-101 et seq.), is amended as
follows:
(a) Section 3 (D.C. Code §25-128) is amended by adding new paragraphs 11A and 11B to
read as follows:
"(11A) The words "opened container" mean a bottle, can, or other
container which is open or from which the top, cap, cork, seal, or tab seal has at some
time been removed.".
"(11B) The word "parking" means that area of public space which lies
between the property line and the edge of the actual or planned sidewalk which is nearer
to such property line, as such property line and sidewalk are shown on the records of the
District.".
(b) Section 28 (D.C. Code §25-128) is amended to read as follows:
"(a) Except as provided in subsections (b) and (c) of this section, no person in
the District of Columbia shall drink or possess, in an opened container, any alcoholic
beverage as follows:
(1) In any street, alley, park, or parking;
(2) In any vehicle in any street, alley, park, or parking;
(3) In or upon any premises where food, nonalcoholic beverages, or entertainment are sold
or provided for compensation, that are not licensed pursuant to this chapter; in any place
to which the public is invited for which a license has not been issued hereunder
permitting the sale and consumption of such alcoholic beverage upon such premises licensed
under section §25-111(a)(12); or
(4) In any place to which the public is invited (for which a license under this chapter
has been issued) at a time when the sale of such alcoholic beverages on the premises is
prohibited by this chapter or by the regulations promulgated thereunder, or in any place
for which a license under §25-11 l(a)(12) has been issued at a time when the consumption
of such alcoholic beverages on the premises is prohibited by regulations promulgated under
this chapter.
"(b) Subsection (a)(l) shall not apply when drinking or possession of alcoholic
beverages occurs in or on a structure which projects upon the parking, and which is an
integral, structural part of a private residence, such as, without limitation, a front
porch, terrace, bay window, or vault, and when done by, or with the permission of, the
owner or resident;
"(c) Subsection (a)(2) shall not apply to drinking or possession of an opened
container of alcoholic beverages contained in a trunk, cargo area, or storage compartment
of a vehicle that is inaccessible from the passenger area of that vehicle, or, if the
vehicle does not have a storage compartment, in the section of the vehicle most
inaccessible to the passenger area;
"(d) No person in the District, whether in or on public or private property, shall
be intoxicated and endanger the safety of that person or the person or property of any
other person.
"(e) Any person violating the provisions of subsections (a) and (d) of this
section shall be punished by a fine of not more than $100 or by imprisonment for not more
than 90 days, or both.
"(f) Any person in the District who is intoxicated in public who is not conducting
himself in such manner as to endanger the safety of himself or of any other person or of
property, shall be dealt with in accordance with §24-524.".
Sec. 3. Fiscal impact statement.
The Council adopts the fiscal impact statement in the committee report as the fiscal
impact statement required by section 602(c)(3) of the District of Columbia Home Rule Act,
approved December 24, 1973 (87 Stat. 813; D.C. Code §1-233(c)(3)).
Sec. 4. This act shall take effect following approval by the Mayor (or
in the event of veto by the Mayor, action by the Council to override the veto), approval
by the Financial Responsibility and Management Assistance Authority as provided in section
203(a) of the District of Columbia Financial Responsibility and Management Assistance Act
of 1995, approved April 17, 1995 (109 Stat. 116; D.C. Code §47-392.3(a)), a 30-day period
of Congressional review as provided in section 602(c)(1) of the District of Columbia Home
Rule Act, approved December 24, 1973 (87 Stat. 813; D.C. Code §1- 233(c)(1)), and
publication in the District of Columbia Register. |
