§ 25–126. On-site sales consumption permit.

(a) The holder of a manufacturer’s license, class A, B, or C, may apply for an onsite sales and consumption permit to use a portion of the licensed premises for the on-premises sale, service, and consumption of beer brewed by the brewery, wine manufactured by the winery, and beverages with spirits distilled by the distillery.

(a-1)(1) A holder of a manufacturer's license, class B, that possesses an on-site sales and consumption permit and collaborates with another brewery, regardless of jurisdiction, to use beer brewed on the licensed premises or the licensee's beer recipe to produce a new beer at another location, may sell and serve the new beer for on-premises consumption; provided, that the label or the container for the beer bears the names of both breweries.

(2) A holder of a manufacturer's license, class A, that possesses an on-site sales and consumption permit and collaborates with another winery, regardless of jurisdiction, to use wine manufactured at the licensed premises or the licensee's wine recipe to produce a new wine at another location, may sell and serve the new wine for on-premises consumption; provided, that the label or the container for the wine bears the names of both wineries.

(3) A holder of a manufacturer's license, class A, that possesses an on-site sales and consumption permit and collaborates with another distillery, regardless of jurisdiction, to use spirits manufactured at the licensed premises or the licensee's spirits recipe to produce a new alcoholic beverage at another location, may sell and serve the new alcoholic beverage for on-premises consumption; provided, that the label or the container for the alcoholic beverage bears the names of both distilleries.

(4) A manufacturer's license, class A or B, that possesses an on-site sales and consumption permit and collaborates with another brewery, winery, or distillery, whichever is applicable, pursuant to this subsection shall:

(A) Enter into a written collaboration agreement with the other brewery, winery, or distillery in accordance with paragraph (1), (2), or (3) of this subsection, whichever is applicable;

(B) Maintain a copy of the collaboration agreement on the licensed premises; and

(b) [Repealed].

(c) The on-premises sales and consumption permit shall not obviate the requirement of the holder of a manufacturer’s license, class A or B, to obtain a tasting permit pursuant to § 25-118, to be authorized to provide samples of beer, wine, or spirits.

(d) A violation of this section shall constitute a primary tier violation.

(e) Any additional spirits that are added to beverages containing spirits distilled by the distillery shall be purchased from a wholesaler or manufacturer licensed under this title.

(e-1) The holder of a manufacturer’s license class A or B that holds an on-site sales and consumption permit may sell or serve beer, wine, and spirits purchased from a licensed wholesaler or licensed manufacturer at private events not open to the public for on-premises consumption.

(f) For the purposes of this section, the term “beverages” means brandy, cordials, fortified wines, liqueur, and non-alcoholic beverages.

(Feb. 26, 2015, D.C. Law 20-155, § 2002(c), 61 DCR 9990; May 2, 2015, D.C. Law 20-270, § 2(a)(7), 62 DCR 1866; Mar. 9, 2016, D.C. Law 21-84, § 2(a)(9), 63 DCR 781; Apr. 7, 2017, D.C. Law 21-260, § 2(a)(8), 64 DCR 2079; Oct. 30, 2018, D.C. Law 22-165, § 2(a)(11), 65 DCR 9366; Mar. 22, 2023, D.C. Law 24-332, § 5, 70 DCR 1582.)

Effect of Amendments

The 2015 amendment by D.C. Law 20-270 rewrote (a); added “wine manufactured by the winery, and beverages with spirits distilled by the distillery” in (b); rewrote (c); and added (e) and (f).

The 2016 amendment by D.C. Law 21-84 substituted “8:00 a.m. and 12:00 a.m.” for “1:00 p.m. and 9:00 p.m.” in (b); and added (e-1).

Emergency Legislation

For temporary (90 days) addition of this section, see § 2002(c) of the Fiscal Year 2015 Budget Support Emergency Act of 2014 (D.C. Act 20-377, July 14, 2014, 61 DCR 7598, 20 STAT 3696).

For temporary (90 days) addition of this section, see § 2002(c) of the Fiscal Year 2015 Budget Support Congressional Review Emergency Act of 2014 (D.C. Act 20-449, October 10, 2014, 61 DCR 10915, 20 STAT 4188).

For temporary (90 days) addition of this section, see § 2002(c) of the Fiscal Year 2015 Budget Support Second Congressional Review Emergency Act of 2014 (D.C. Act 20-566, January 9, 2015, 62 DCR 884, 21 STAT 541).