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Single Serve Moratorium Becomesing Reality

Posted by pqresident
August 6, 2008

We don’t want to run down a laundry list of all of the provisions but we did want to alert readers to the not-so-new-but-important news that selling “single containers” of “beer, malt liquor and ale” is now will be prohibited in Ward 2 and 6 in the ANCs (Advisory Neighborhood Commissions) within the Penn Quarter. An emergency act went into effect was introduced on July 15, 2008 and is will be valid for 90 days post Mayoral approval. A second temporary act will extends the term an additional 225 days and it tacks on spirits in containers of a half-pint or less. A third bill will go through the public comment process which conceivably could make the law more permanent. Follow the last link if you want to get to the text of the bills online which we’ll leave to our intrepid readers.

Here are a few links where you can read about the details:

Wells Introduces Ward 6 Ban On Single Sales [Ward 6 Councilmember Tommy Wells’ blog]

Proposed Moratorium on Alcohol Single Sales Passes Muster with Caveats [Hill Rag – June 2008]

DC City Council Online Legislative Information Management System – Search Page [search on ‘moratorium’ and look for Ward 2 and Ward 6 legislation]

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Comments
Comment by Anonymous on August 6, 2008 @ 11:13 am

Thank you!!! I haven’t read the act but it would be great if it contained a citizen suit provision.

Comment by Tom on August 6, 2008 @ 11:39 am

I was at China town liquor last night (602 H St) – and single beers were still for sale. I wasn’t sure the new law had gone into effect – but sounds like it has. So it sounds like we just need some enforcement…

Comment by pqresident on August 6, 2008 @ 12:20 pm

I believe stores have 30 days grace to implement.

Comment by Mt Vernon Sq Rez on August 6, 2008 @ 12:47 pm

is all of Ward 6 included? 6C for example?

Comment by jerseyave on August 6, 2008 @ 1:38 pm

“So it sounds like we just need some enforcement…”

Not to pick on any particular individual comment, but isn’t that the issue that also led to the failure of public intoxication laws, littering ordinances, etc? All of the things that this new law is supposed to solve. As so often happens, we have an enforcement problem, not a problem of too few laws. Another example of the vast majority losing a privilege (right?) because of the search for a silver bullet solution to problems that could be solved through existing means. Tonight I’ll pour out some of my single-serving beer (while I still can) to mourn the loss of just a tiny bit more freedom in the name of making our city a better place.

Comment by FourthandEye on August 6, 2008 @ 2:13 pm

@5 – yes, if we could enforce public intoxication/urination laws, littering ordinances we might not have needed a Single Sales moratorium. However, in the reality we live in it’s far too difficult to police every square block for all these misdemeanors at all hours of the day. Especially when the offenders are often vagrants with nothing to lose. Enforcing at the supply side is more efficient in terms of isolating points of interest for police. Also a business has more to lose if caught violating the law and is more likely to abide. It seems a bit dramatic to term this ruling as taking away a freedom. A convenience maybe, but a freedom?

Comment by Tom on August 6, 2008 @ 2:33 pm

“but isn’t that the issue that also led to the failure of public intoxication laws, littering ordinances, etc?”

No. This law is easier to enforce (compared to littering laws for example) because we will enforce it on the retailer – and not individuals – which makes enforcement cheaper and easier. Its illegal to regulate the guy handling out pamphlets on the street (freedm speach) and too costly/inefficient to arrest all the ppl littering those pamphlets. Here, we go after the source – making enforcement possible fr an effiency perspective. So I think this will work (as it has in other wards of the city).

Comment by PQ Guy on August 6, 2008 @ 4:33 pm

I bought a single each of the last three days at two different locations. Did the law just go into effect today or something?

Comment by dave on August 6, 2008 @ 5:56 pm

pqresident: the emergency legislation takes 90 days from the day the Mayor signs it to become official, so the moratorium takes effect in late October.

This moratorium includes all of Ward 6, including 6C.

Finally, the exceptions include “full service grocery stores” as defined in the ABRA code, and federally-owned buildings (e.g. the liquor store in Union Station, for Amtrak commuters who want a cold one on the trip home)

Comment by pqresident on August 6, 2008 @ 7:22 pm

dave – I amended the text of the story slightly. see below…if the Mayor signed it, I believe it’s in effect. I hoped to not have to post the text from the bill by putting in the link to DC’s Leg Info System for our intrepid readers.

from DC Leg Information System Bill B17-0902…

Date Introduced: 07/14/08
Enactment/Action Date: 07/28/08
Expiration Date: 10/26/08

Sec. 7. 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), and shall remain in effect no longer than 90 days, as provided for emergency acts of the Council of the District of Columbia in section 412(a) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 788; D.C. Official Code § 1-204.12(a)).

Comment by dave on August 6, 2008 @ 7:36 pm

“in effect” is one of my favorite phrases from 90s rap songs . . .

Anyways, the substantive provisions of the Act take a bit longer to be in effect, I guess to give retailers a chance to put the system into play. Please see:

Section 3. Applicability.

Section 2 shall take effect 90 days from the effective date of this Act.

And of course you point out Section 7 that defines “effective date”. The rest of the legislation is in effect immediately.

Our condo is just SO HAPPY about this legislation.

Comment by Freddie Mick on August 6, 2008 @ 8:03 pm

who knew there were so many singles buyers? A girl I used to know always wanted a single 40, but other than that I’ve never bought a single. Even in my reduced state a six-pack barely gives me a buzz.
My position: ban singles. If you can’t drink a six-pack or take five bottles back with you, you’ve got a problem.
PS yes, the girl had a problem…

Comment by pqresident on August 6, 2008 @ 10:14 pm

dave – thanks for the update and clarification! very helpful! I should amend my grace period comment (#3) from 30 days to 90 days based on your comment.

Comment by steelreserver on August 7, 2008 @ 1:02 pm

singles forever! This is so insane… all of the singles haters are living in a dream world, when singles are banned the ruffians will take to the streets with brooms and dust pans to clean instead of mess up, and lollipops will fall from the sky…

I love singles of beer. I lived on the hill, walked home, bought my beer and my paper and was reasonably happy. Go to somewhere like Mt. Pleasant where singles are banned and trust me – no difference, no magic rainbows!

Comment by ed on August 7, 2008 @ 4:39 pm

Drinking in public is only a $25 fine. Police rarely enforce it, ie arrest someone, because it requires a ton of paperwork that takes the cops off the street.

DC seems to be able to enforce all kinds of parking restrictions but doesn’t do squat about quality of life crimes. Councilman Mendelson, who is responsible crime and public safety, should be replaced..

Sorry, the comment form is closed at this time.

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