D.C. Mun. Regs. tit. 23, r. 23-1005

Current through Register Vol. 71, No. 49, December 6, 2024

Rule 23-1005 - SIDEWALK CAFE; 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 outdoor seats for the service of alcoholic beverages, and the hours of operation for the outdoor area. The applicant shall submit with the application:

(a) a copy of its certificate of occupancy;

(b) a diagram or photograph showing the designated area for the sidewalk café or summer garden; and

(c) a public space permit and certificate of use for sidewalk café applications. The failure to provide a public space permit or certificate of use, as required by this subsection, shall not be grounds for refusal of the application for processing; provided, that the applicant shall provide ABRA with a copy of the public space permit and the certificate of use prior to receiving the sidewalk café endorsement.

1005.2

An application for a sidewalk café or summer garden endorsement may be filed in conjunction with an application for a new license, class C or class D.

1005.3

An application for a sidewalk café or summer garden endorsement shall be considered by the Board pursuant to the substantial change procedures set forth in D.C. Official Code § 25 -404.

1005.4

The fee for the sidewalk café or summer garden endorsement shall be seventy five dollars ($75) as set forth in § 209.7. An inspection shall be required prior to conducting business operations on a new or remodeled sidewalk café or summer garden, which may include the sale, service, or consumption of alcoholic beverages on outdoor public or private space. A separate inspection fee shall not be required.

1005.5

The transfer of ownership of a license shall also include a transfer of any sidewalk care or summer garden endorsement.

1005.6

The licensee under a sidewalk café endorsement shall be required to post its public space permit, which indicates the establishment's number of permitted seats, adjacent to its license.

D.C. Mun. Regs. tit. 23, r. 23-1005

As amended by D.C. ACT 15-442 published at 51 DCR 6525 (July 2, 2004); as amended by Final Rulemaking published at 55 DCR 12991 (December 26, 2008)