D.C. Mun. Regs. tit. 23, r. 23-209

Current through Register Vol. 71, No. 44, November 1, 2024

Rule 23-209 - STORAGE FACILITY PERMIT

209.1

A storage facility permit shall allow the holder to establish a bonded warehouse in the District of Columbia as a storage facility for alcoholic beverages by the holder of a manufacturer's license, class A, B, or C, wholesaler's license, class A or B, retailer's license, class A, B, C, or D, or a caterer's license who possesses an off-premises storage permit, or for the accounts of other persons.

209.2

The holder of a storage facility permit shall be authorized to handle alcoholic beverages at the storage facility. The handling of alcoholic beverages under this subsection shall include the following:

(a) Packaging and repackaging services;

(b) Bottle labeling services;

(c) Creating buckets or variety packs that may include non-alcoholic products; and

(d) Picking, packing, and shipping alcoholic beverage orders directly to the consumer.

209.3

Alcoholic beverages stored in a storage facility may be removed from the storage facility only for the purpose of being:

(a) Exported from the District;

(b) Shipped or delivered to a holder of a manufacturer's license, class A, B, or C, wholesaler's license, class A or B, or retailer's license, class A, B, C, or D;

(c) Shipped or delivered to a catered event site;

(d) Shipped or delivered to a consumer; or

(e) Returned to a private collector who is a tenant.

209.4

The storage facility shall be physically secure, zoned for the intended use and physically separated from any other use.

209.5

Delivery of alcoholic beverages to a storage facility shall create a bailment in favor of the holder of a storage facility permit.

209.6

Warehousing of alcoholic beverages by any person other than a holder of a manufacturer's license, class A, B, or C, wholesaler's license, class A or B, retailer's license, class A, B, C, or D, caterer's license, or a private collector with a tenant agreement is prohibited.

209.7

A licensee may conduct other activities at the storage facility with the Board's approval; except, that the licensee shall not be permitted to sell, serve, or allow the consumption of alcoholic beverages at the storage facility except as permitted by § 209 and D.C. Official Code § 25-118.

209.8

The holder of a storage facility shall post, in a conspicuous place, the following:

(a) A warning sign, in accordance with the requirements set forth in § 719.1;

(b) A copy of the storage facility permit; and

(c) A copy of the manufacturer's license, class A, B, or C, wholesaler's license, class A or B, retailer's license, class A, B, C, or D, or the caterer's license in the licensed portion of the storage facility.

209.9

The holder of the storage facility permit shall, upon request, provide its permit to an ABRA investigator or member of the Metropolitan Police Department for inspection.

209.10

The holder of a storage facility permit shall maintain on the licensed premises, the following:

(a) Three (3) years of records identifying the brand and quantity of alcoholic beverages being stored at the storage facility; and

(b) The movement of alcoholic beverages to and from the storage facility over the past three (3) years.

209.11

The Board shall have the right to inspect the warehouse of a storage facility permit holder as and when it may deem necessary for the proper regulation of the storage of alcoholic beverages.

209.12

A storage facility permit shall be valid for three (3) years.

D.C. Mun. Regs. tit. 23, r. 23-209

Final Rulemaking published at 51 DCR 4309 (April 30, 2004); as amended by Final Rulemaking published at 55 DCR 12991 (December 26, 2008); as amended by Final Rulemaking published at 60 DCR 11580 (August 9, 2013); amended by Final Rulemaking published at 66 DCR 001822 (2/8/2019); amended by Final Rulemaking published at 68 DCR 7421 (7/30/2021)

Authority: D.C. Official Code § 25-211(b) (2012 Supp.) and Mayor's Order 2001-96 (June 28, 2001), as revised by Mayor's Order 2001-102 (July 23, 2001).