D.C. Mun. Regs. tit. 23, § 800
Abca Civil Penalty Schedule
Effective Feb 15, 2017Authority: D.C. Official Code § 25-830(f). Source: 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 13044 (September 20, 2013); as amended by Final Rulemaking published at 64 DCR 1039 (February 3, 2017); as amended by Final Rulemaking published at 64 DCR 1357 (February 10, 2017); as amended by Final Rulemaking published at 65 DCR 6535 (June 15, 2018); as amended by Final Rulemaking published at 67 DCR 14197 (December 4, 2020); as amended by rulemaking published at 71 DCR 002146 (March 1, 2024).District of Columbia, Office of the Secretary
800 ABRA CIVIL PENALTY SCHEDULE
800.1
| Section |
Description |
Violation |
Warning |
| 25-110 |
Violating Terms of Manufacturer's License |
Primary |
N |
| 25-111 |
Violating Terms of Wholesaler's License |
Primary |
N |
| 25-112(a)-(c) |
Violating Terms of Off-Premise Retailer's License |
Primary |
N |
| 25-112(b) |
Knowingly Allowing Patron to Open Containers in Off-Premises Licensed Establishments |
Primary |
Y |
| 25-112(c)(2A) |
Purchasing Alcoholic Beverages from an Off-Premises Licensee When Wholesalers are Open |
Primary |
Y |
| 25-112(e)(1) |
Failure to File a Statement of Expenditures |
Secondary |
Y |
| 25-113 |
Violating Terms of On-Premise Retailer's License |
Primary |
Y |
| 25-113(a)(b) |
Failure to Obtain Entertainment Endorsement |
Primary |
Y |
| 25-113(a)(c) |
Failure to Obtain a Summer Garden or a Sidewalk Café Endorsement |
Primary |
Y |
| 25-113(a)(2)(A)(ii) |
Knowingly Allowing Patron to Exit the Premises with an Open Container |
Secondary |
N |
| 25-113(a)(3) |
Selling or Serving Alcohol in a Closed Container |
Secondary |
Y - Mandatory |
| 25-113(b)(1) |
Failure to Keep Kitchen Open Two Hours Before Closing |
Secondary |
Y - Mandatory |
| 25-113(b)(2)(A) |
Failure of Restaurant to File a Quarterly Statement |
Secondary |
Y - Mandatory |
| § 25-113(b)(3)(B) |
Failure of Restaurant to Comply with Food Sales Requirement |
Primary |
Y |
| 25-113(d)(1) |
Failure to Submit a Security Plan |
Primary |
Y |
| 25-113(e)(4)(A) |
Failure of Hotel to File a Quarterly Statement |
Secondary |
Y - Mandatory |
| § 25-113(e)(5)(B) |
Failure of Hotel to Comply with Food Sales Requirement |
Primary |
Y |
| 25-113(i)(1)(4) |
Failure by Caterer to File and Maintain Records for Inspection |
Secondary |
Y |
| 25-113(j)(3) |
Failure to Obtain Board Approval for Off-Site Storage |
Secondary |
Y - Mandatory |
| 25-113(j)(3) |
Failure to Maintain Records on Premises |
Primary |
Y - Mandatory |
| 25-113(j)(3)(A) |
Failure to Maintain Records on Premises |
Primary |
Y - Mandatory |
| 25-113(j)(3)(B) |
Failure to Obtain Board Approval for Off-Site |
Secondary |
Y - Mandatory |
|
Storage |
y |
|
| 25-113(j)(3)(C) |
Failure of the Licensee to Keep or Maintain its Books, Records, or Invoices |
Primary |
Y |
| 25-113a |
Offering Entertainment After the Approved Entertainment Hours |
Secondary |
Y |
| 25-113a(b) |
Cover Charge Without Endorsement |
Secondary |
Y |
| 25-113a(b) |
Dancing Without Endorsement |
Secondary |
Y |
| 25-114(a) |
Violating Terms of Arena C/X License |
Primary |
N |
| 25-115(a) |
Violating Terms of Temporary License |
Primary |
N |
| 25-116 |
Violating Terms of Solicitor's License |
Primary |
N |
| 25-117 |
Violating Terms of Brew Pub Permit |
Primary |
N |
| 25-118 |
Failure to Obtain Tasting Permit, or Exceeding Scope of Tasting Permit |
Primary |
N |
| 25-119 |
Importing Alcohol by Licensee Without Permit |
Primary |
Y |
| 25-119 |
Importing Alcohol Without Permit |
Primary |
Y |
| 25-121 |
Providing Alcohol Awareness Training Without Board Approval |
Secondary |
Y |
| 25-123 |
Violating Terms of Farm Winery License |
Primary |
N |
| 25-126(a) |
Sale, Serve and/or Consumption Without the On-Site Sale and Consumption Permit – Manufacturer Licensees |
Primary |
N |
| 25-126(b) |
Sale, Serve, and/or Consumption Outside of the On-Site Sale and Consumption Permit Approved Hours – Manufacturer Licensees |
Primary |
N |
| 25-127 |
Violating Terms of Festival License |
Primary |
N |
| 25-341 |
Violating Ward 4 Moratorium |
Primary |
Y |
| 25-342 |
Violating Ward 7 Special Restrictions |
Primary |
Y |
| 25-343 |
Violating Ward 8 Special Restrictions |
Primary |
Y |
| 25-344 |
Violating Mt. Pleasant Special Restrictions |
Primary |
Y |
| 25-345 |
Violating Ward 2 Restrictions |
Primary |
Y |
| 25-346 |
Violating Ward 6 Restrictions |
Primary |
Y |
| 25-371 |
Allowing Nude Dancing Without a License |
Primary |
N |
| 25-372 |
Violating Restrictions on Nude Dancing Performances |
Primary |
N |
| 25-403(e)(3)(G)(i) |
Failure to Ensure Cameras are Operational |
Primary |
Y |
| 25-403(e)(3)(G)(ii) |
Failure to Ensure Any Footage of a Crime of Violence is Maintained for a Minimum of 30 days |
Primary |
Y |
| 25-403(e)(3)(G)(iii) |
Failure to Ensure Security Footage is Available within 48 Hours Upon Request |
Primary |
Y |
| 25-405 |
Transfer of Ownership Without Board Approval |
Primary |
N |
| 25-423(d) |
Failure to Maintain Posted Notices (Placards) |
Secondary |
Y |
| 25-701 |
Board-Approved Manager Required |
Secondary |
Y |
| 25-701 |
Board-Approved Manager Required |
Secondary |
N |
| 25-701(b) |
Failure to Notify Board of ABC Manager's Conviction |
Secondary |
Y - Mandatory |
| 25-702 |
Failure to Notify Board of Employee's Conviction |
Secondary |
Y - Mandatory |
| 25-703 |
Licensee or Board Approved Manager Superintending the Licensed Establishment under the Influence of Alcohol or Illegal Drugs |
Primary |
N |
| 25-711(a) |
Failure to Post and Carry Licenses |
Secondary |
Y - Mandatory |
| 25-711(b) |
Failure to Post Lettering on Front Windows or Door |
Secondary |
Y - Mandatory |
| 25-711(c) |
Failure of Temporary License Holder to Have License Available |
Secondary |
Y |
| 25-711(d) |
Failure of Solicitor to Carry License |
Secondary |
Y - Mandatory |
| 25-711(e) |
Failure of Manager to Carry License |
Secondary |
Y - Mandatory |
| 25-712 |
Failure to Post Signs: Warning Re: Pregnancy |
Secondary |
Y - Mandatory |
| 25-713 |
Failure to Post Signs: Legal Drinking Age/Valid ID |
Secondary |
Y - Mandatory |
| 25-721 |
Sale and Delivery Outside of Allowed Hours for Manufacturer & Wholesaler |
Primary |
N |
| 25-722 |
Sale and Delivery Outside of Allowed Hours - Off Premises Licensees |
Primary |
N |
| 25-723(b) |
Sale and Delivery Outside of Allowed Hours - On-Premises Licensees |
Primary |
N |
| 25-723(b) |
Sale and Service Outside of Licensed Hours |
Primary |
N |
| 25-723(c)(4) |
Failure to Obtain Operating Holiday Extension Hours - Class C and D Retailers |
Primary |
Y |
| 25-723(d) |
Daylight Savings Time Operation Without Notice |
Secondary |
Y |
| 25-724 |
Operating After Board Restricted Hours |
Primary |
N |
| 25-725 |
Noise from Licensed Establishment |
Secondary |
N |
| 25-726 |
Control of Litter, Trash, Garbage, and Proper Disposal of Refuse, Including Cooking Oils |
Secondary |
Y |
| 25-731 |
Credit and Delinquency |
Secondary |
Y |
| 25-733 |
Delivery and Payment Records and Reports |
Secondary |
Y |
| 25-734 |
Sale by Retailer on Credit |
Secondary |
Y - Mandatory |
| 25-735 |
Gifts and Loans from Manufacturer |
Primary |
Y |
| 25-736 |
Gifts and Loans from Wholesaler |
Primary |
Y |
| 25-741(a) |
Providing Go-Cups at A & B Licensed Establishments |
Secondary |
Y |
| 25-741(b) |
Serving Back-up Drinks to Customers |
Secondary |
Y |
| 25-742 |
Solicitation of Drinks by Employee |
Secondary |
Y |
| 25-743 |
Tie-in Purchases Prohibited |
Primary |
Y |
| 25-751 |
Limitations on Container Size |
Secondary |
Y |
| 25-752 |
Containers to be Labeled |
Secondary |
Y |
| 25-753 |
Keg Registration Required |
Primary |
N |
| 25-754 |
Violating Beverage Storage Restrictions |
Primary |
Y |
| 25-761 |
Structural Requirements |
Secondary |
Y |
| 25-762(b)(1) |
Failure to Obtain Approval to Increase Occupancy or the Use of Interior Space |
Primary |
Y |
| 25-762(b)(2) |
Failure to Obtain Approval to Expand Exterior Public or Private Space Including Summer Gardens or Sidewalk Cafes |
Primary |
Y |
| 25-762(b)(3) |
Failure to Obtain Approval to Expand to Another Floor, Roof, or Deck |
Primary |
Y |
| 25-762(b)(4) |
Failure to Obtain Approval to Provide For or Expand Entertainment Area |
Secondary |
Y |
| 25-762(b)(5) |
Failure to Obtain Approval to Diminish or Expand Dining or Food Prep Area |
Secondary |
Y |
| 25-762(b)(6) |
Failure to Obtain Approval to Provide Permanent Space for Dancing |
Primary |
Y |
| 25-762(b)(7) |
Failure to Obtain Approval to Change Exterior Design |
Secondary |
Y |
| 25-762 (b)(10) |
Failure to Obtain Approval to Change Entertainment to Include Nude Performances |
Primary |
N |
| 25-762(b)(11) |
Failure to Obtain Approval to Change From Full Menu to Snack Menu |
Secondary |
Y - Mandatory |
| 25-762(b)(12) |
Failure to Obtain Approval to Change On-Premises |
Primary |
Y |
|
to Carry-out |
|
|
| 25-762(b)(12) |
Failure to Obtain Approval to Change On-Premises to Add Carry Out |
Secondary |
Y |
| 25-762(b)(13) |
Failure to Obtain Approval to Extend Hours of Operation |
Primary |
N |
| 25-762(b)(14) |
Failure to Obtain Approval to Provide New Mechanical or Electronic Entertainment |
Secondary |
Y |
| 25-762(b)(15) |
Failure to Obtain Approval to Change Trade Name or Corp Name With Ownership Change |
Secondary |
Y - Mandatory |
| 25-762(b)(16) |
Failure to Obtain Approval to Change Booth Size |
Secondary |
Y - Mandatory |
| 25-762(b)(17) |
Failure to Obtain Approval to Reduce Number of Toilet Facilities |
Secondary |
Y - Mandatory |
| 25-762(b)(18) |
Failure to Obtain Approval to Increase Number of Vessels Under On-Premises |
Primary |
N |
| 25-763 |
Restrictions on Use of Signs |
Secondary |
Y - Mandatory |
| 25-764 |
Advertisements Related to Alcohol |
Secondary |
Y - Mandatory |
| 25-765 |
Advertisements on Windows and Doors |
Secondary |
Y - Mandatory |
| 25-766 |
Prohibited Statements |
Secondary |
Y |
| 25-771 |
Reporting by Manufacturers |
Secondary |
Y |
| 25-772 |
Unlawful Importation of Beverages |
Primary |
Y |
| 25-781 |
Sale to Minors or Intoxicated Persons - Egregious |
Primary |
Y |
| 25-781 |
Sale to Minors or Intoxicated Persons - Non-egregious |
Primary |
Y - Mandatory |
| 25-782(a) |
Restrictions on Minors Entrance into Class A |
Primary |
Y |
| 25-782(d) |
Denying Admittance to Someone of Legal Drinking Age |
Secondary |
Y |
| 25-783(a) |
Sale to Someone Who Fails to Produce a Valid ID |
Primary |
Y |
| 25-783(b) |
Failure to Take Reasonable Steps to Ascertain Legal Age |
Primary |
Y |
| 25-784(a) |
Prohibit Persons Under 21 From Sell, Give, Furnish or Distribute, Except as Provided in 25-784(b) |
Secondary |
Y |
| 25-784(b) |
18-20 Person May Sell, Serve or Deliver, But May Not Bartend |
Secondary |
Y |
| 25-791(a) |
Failure to Surrender License Into Safekeeping |
Secondary |
Y – Mandatory |
| 25-797(a) |
Failure to Control Licensed Establishment |
Primary |
N |
| 25-797(b) |
Allowing Third Party or Promoter to Provide |
Primary |
N |
|
Security |
|
|
| 25-802 |
Failure to Allow Examination of Premises, Books and Records |
Primary |
N |
| 25-823(1) |
Violation of Any Law Outside of Title 25 of the District of Columbia Code or Title 23 of the District of Columbia Municipal Regulations |
Primary |
Y |
| 25-823(2) |
Allowing Establishment to be Used for an Unlawful or Disorderly Purpose |
Primary |
N |
| 25-823(3) |
Failure by Owner or ABC Manager to Superintend Licensed Business |
Secondary |
N |
| 25-823(4) |
Allowing Employees or Agents to Engage in Prostitution, Sexual Acts, or Sexual Contact |
Primary |
N |
| 25-823(5) |
Failure to Allow/Delays ABRA or MPD to Inspect Premises or Books and Records, or Otherwise Interferes With an Investigation |
Primary |
N |
| 25-823(6) |
Failure to Follow Settlement Agreement |
Secondary |
Y |
| 25-823(6) |
Failure to Follow Security Plan |
Primary |
Y |
| 25-823(6) |
Failure to Follow a Board Order |
Primary |
N |
| 25-823(a)(7) |
Failure to Follow the Terms of License Approved by the Board |
Primary |
Y |
| 25-823(a)(8) |
Failure to Preserve a Crime Scene |
Primary |
N |
| 25-828(c) |
Licensee Defaces Notice of Suspension Placard |
Secondary |
N |
| 25-830(i) |
Selling or Serving Alcohol on a Suspended or Expired License or License Held in Safekeeping |
Primary |
N |
| 25-830(j) |
Failure to Comply with Either of the Food Requirements |
Primary |
Y |
| 23 DCMR 205.2 |
Failure to Obtain Storage Permit |
Secondary |
Y |
| 23 DCMR 206.2 |
Retailer's Class DR or DT With Common Dining Area Fails to Sell Alcoholic Beverages in Containers Identifiable With Business |
Secondary |
Y |
| 23 DCMR 206.4 |
Off-premise Retailer Class A or Class B failed to Inform Board in Application of Table Use |
Secondary |
Y - Mandatory |
| 23 DCMR 208.19 |
Submission of Knowingly False or Misleading Affidavit |
Primary |
N |
| 23 DCMR 600.1 |
Change Trade Name without Board Approval |
Secondary |
Y - Mandatory |
| 23 DCMR 600.1 |
Change Corporate Name Without Board Approval |
Secondary |
Y - Mandatory |
| 23 DCMR 600.3 |
Area Identified by Trade Name Inaccessible to Patrons |
Secondary |
Y |
| 23 DCMR 601 |
Failure to Notify Board of Change in Ownership, Corporate Officers, or Partners |
Secondary |
Y |
| 23 DCMR 702.3 |
Private Club Open to Public |
Primary |
Y |
| 23 DCMR 705.9 |
Retailer's Class C, D, F, G, or Caterer Permits the Consumption of Alcoholic Beverages After Hours |
Primary |
N |
| 23 DCMR 706 |
Remaining Open Without Securing Beverages or Having an ABC Manager or Owner Present |
Secondary |
N |
| 23-707.1 |
Licensee or Board Approved Manager on Licensed Premises During Hours of Sale, Service or Consumption |
Secondary |
N |
| 23 DCMR 710.2 |
Minimum Charge Greater Than Value of Food or Beverage |
Secondary |
Y - Mandatory |
| 23 DCMR 710.4 |
Failure to Post Sign Indicating Minimum Charge |
Secondary |
Y - Mandatory |
| 23 DCMR 712 |
Hosting a Pub Crawl Without Board Approval or in a Manner Other Than as Approved by the Board |
Primary |
Y |
| 23 DCMR 712 |
Violating Terms of a Pub Crawl License |
Primary |
Y |
| 23 DCMR 712.23 |
Participating in an Unlicensed Pub Crawl |
Secondary |
Y |
| 23 DCMR 717.1 |
Permitting Alcoholic Beverages Brought by Consumer to be Removed From Premises |
Secondary |
Y |
| 23 DCMR 717.2 |
Corking Fee |
Secondary |
Y |
| 23 DCMR 719.1 |
Sign re: Drinking and Driving |
Secondary |
Y - Mandatory |
| 23 DCMR 719.1 |
Sign re: Pregnancy, Legal Drinking Age/Valid ID, Drinking and Driving |
Secondary |
Y - Mandatory |
| 23 DCMR 900 |
Primary American Source of Supply |
Primary |
Y |
| 23 DCMR 901 |
Beer Labeling |
Secondary |
Y |
| 23 DCMR 902 |
Open Container or Package in Vehicle |
Primary |
N |
| 23 DCMR 905 |
Discriminatory Admittance Requirements |
Secondary |
Y |
| 23 DCMR 1002 |
Cover Charge Without Entertainment Endorsement |
Secondary |
Y |
| 23 DCMR 1204 |
Failure to Keep and Maintain Delivery Slips |
Primary |
Y |
| 23 DCMR 1206 |
Failure of Manufacturer Class A to Submit Monthly Report |
Secondary |
Y - Mandatory |
| 23 DCMR 1207.1 |
Failure to File Quarterly Statements |
Secondary |
Y - Mandatory |
| 23 DCMR 1207.5 |
Failure to File Annual Reports |
Secondary |
Y |
| 23 DCMR 1208 |
Failure of the Licensee to Keep or Maintain its |
Primary |
Y |
|
Books, Records, or Invoices. |
|
|
| 23 DCMR 1303 |
Failure to Properly Transport Alcoholic Beverages in a Vehicle |
Secondary |
Y |
| 23 DCMR 2000.1 |
The Selling, Delivering, or Serving of Alcoholic Beverages at a Catered Event Where Snack Items Are the Only Food Products Served by the Caterer |
Primary |
N |
| 23 DCMR 2000.2 |
Caterer or Designated Manager on Premises of Event |
Secondary |
Y |
| 23 DCMR 2000.3 |
Submission of False or Misleading Affidavit |
Primary |
N |
| 23 DCMR 2002.1 |
Purchase of Alcoholic Beverages by Caterers |
Secondary |
Y |
| 23 DCMR 2002.2 |
Failure to Maintain Caterer Records |
Primary |
N |
| 23 DCMR 2003.1 |
Improper Storage of Alcoholic Beverages by Caterer |
Primary |
Y |
| 23 DCMR 2004.1 |
Importation and Transportation of Alcoholic Beverages by Caterer |
Primary |
Y |
| 23 DCMR 2004.2 |
Removal of Unsealed Container by Caterer |
Secondary |
Y |
| 23 DCMR 2004.3 |
Storage of Unopened Alcoholic Beverage by Caterer |
Primary |
Y |
| 23 DCMR 2005.1 |
Caterer: No ABC Manager Present |
Secondary |
N |
| 23 DCMR 2005.2 |
Caterer: No License Available for Public Inspection |
Secondary |
Y |
| 23 DCMR 2006.1 |
Failure to File Caterer Report |
Secondary |
Y - Mandatory |
| 23 DCMR 2006.2 |
Caterer: False or Misleading Information in Report |
Primary |
N |
| 23 DCMR 2006.5 |
Caterer: Failure to Timely File Report |
Secondary |
Y - Mandatory |
800.2 The penalties contained under this section shall become effective five (5) days after publication in the District of Columbia Register.
800.3 None of the descriptions contained in Subsection 800.2 shall be construed to expand, limit, or define any specific violation.
800.4 Whether violations are classified as primary tier or secondary tier shall be determined with reference to the ABRA civil penalty schedule in effect when the violation was committed.
SOURCE: 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 13044 (September 20, 2013); as amended by Final Rulemaking published at 64 DCR 1039 (February 3, 2017); as amended by Final Rulemaking published at 64 DCR 1357 (February 10, 2017).