Prohibition on Single Sales of Alcoholic Beverages Amendment Act of 2001
Bill 14-93

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A BILL IN THE COUNCIL OF THE DISTRICT OF COLUMBIA

Councilmembers Fenty, Chavous and Graham introduced the following bill, which was referred to the Committee on Consumer and Regulatory Affairs.

To amend Title 25 of the District of Columbia Code to prohibit the sale of single containers of beer, malt liquor or ale of 70 ounces or less.

BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this act may be cited as the "Prohibition of Single Sales of Alcoholic Beverages Amendment Act of 2001 ".

Sec. 2. Title 25 of the District of Columbia Code is amended by adding new subsections (d) and (e) as follows:

(a) Section 25-351 (a) is amended to read as follows:

"(a) If the Board reasonably determines that it is in the public interest to do so based on the appropriateness standards set forth in Subchapter II of this Chapter, the Board may, by rule:

" (1) Limit the number of licenses of any class to be issued;

"(2) Declare a moratorium on the issuance of licenses of any class, or the issuance of amended licenses that constitute a substantial change, in any locality, section, or portion of the District;

"(3) Declare a moratorium in any locality, section, or portion of the District to limit the sale of products by licenses under off-premises retailer classes A and B, or (4) remove the restrictions on the sale of beer, malt liquor, and ale contained in Section 25-751 (d) and Section 25-751 (e) in any locality, section, or portion on the District.

(b) Section 25-751 is amended by adding new subsections (d) and (e) to read as follows:

"(d) The licensee under an off-premises retailer's license, class A or B, shall not divide a manufacturer's package of more than one container or beer, malt liquor or ale, if the capacity of an individual container of the package is 70 ounces or less, to sell the individual container.

"(e) The licensee under an off-premises retailer's license, class A or B, shall not sell, give, offer or expose for sale, or deliver an individual container of beer, malt liquor or ale with a capacity of 70 ounces or less.".

Sec. 3. Fiscal impact statement.

The Council adopts the fiscal impact statement in the committee report as the fiscal impact 16 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. Effective date.

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.