B 26-0369

MURIEL BOWSER
MAYOR
September 23, 2025
The Honorable Phil Mendelson
Chairman
Council of the District of Columbia
John A. Wilson Building
1350 Pennsylvania Avenue, NW, Suite 504
Washington, DC 20004
Dear Chairman Mendelson:
Today, I am submitting to the Council of the District of Columbia (Council) for its consideration and
approval the Nightlife Noise Balance Amendment Act of 2025. The bill amends Tile 25 of the D.C.
Official Code to address nightlife-related noise disturbances.
The bill would clarify that the ABC Board may limit a licensee’s hours of operation and permitted hours
for an entertainment endorsement, summer garden, and sidewalk café. It further clarifies that ABCA
investigators are not required to enter a District resident’s home to substantiate a noise violation by
permitting the finding of a violation if the noise can be heard outside within a certain distance of a resident
property. The bill also establishes a separate fine schedule for noise violations and allows the ABC Board
to suspend a liquor license and place restrictions on certain licensee endorsements following a fourth or
subsequent noise violation within a two-year period.
For these reasons discussed above, I urge the Council to take prompt and favorable action on the enclosed
proposed bill.
Sincerely,
Muriel Bowser
Enclosure
1
2hairman Phil Mendelson
3at the request of the Mayor
4
5
6A BILL
7
8
9
10IN THE COUNCIL OF THE DISTRICT OF COLUMBIA
11
12
13
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15 To amend Title 25 of the District of Columbia Official Code to clarify that the Alcoholic
16Beverage and Cannabis Board may limit a licensee's hours of operation and
17permitted hours for an entertainment endorsement, summer garden, and sidewalk
18cafe, to amend the scope of a noise violation, to establish a separate fine schedule
19for noise violations, and to allow the Alcoholic Beverage and Cannabis Board to
20suspend a liquor license and place restrictions on the hours of an endorsement for
21a 4th or subsequent noise violation within a 2-year period.
22
23BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA,
24 That this act may be cited as the "Nightlife Noise Balance Amendment Act of 2025".
25Sec. 2. Chapter 7 of Title 25 of the District of Columbia Official Code is amended
26 as follows:
27(a) Section 25-724 is amended by striking the phrase "hours of sale and delivery
28 for" and inserting the phrase "hours of operation, sale, service, consumption, and
29 delivery, including, as applicable, the hours for a summer garden, sidewalk cafe, or
30 entertainment endorsement for" in its place.
31(b) Section 25-725 is amended as follows:
32(1) Subsection (a) is amended by striking the phrase "may be heard in any
33 premises other than the licensed establishment" and inserting the phrase "may be heard in
34 a noise-restricted area" in its place.
                                               1
35(2) Subsection (b)(1), (2), and (3) are repealed.
36(3) A new subsection (f) is added to read as follows
37“(f) For the purposes of this section, the term:
38“(1)(A) “Noise-restricted area” means, except as limited in subparagraph
39 (B) of this paragraph:
40“(i) A building other than the building in which the licensed
41 establishment is located; or
42“(ii) Any public or private outdoor space, including an
43 alley, courtyard, plaza, street, or sidewalk, that is located within 15 feet of a building
44 where an individual resides.
45“(B) “Noise-restricted area” does not include:
46“(i) Areas in the building where the licensed establishment
47 is located, even if the areas are not part of the licensed establishment;
48“(ii) A building owned by the licensee that abuts the
49 building where the licensed establishment is located; or
50“(iii) A building or any public or private outdoors space
51 that is not located within a Residential House (R), Residential Flat (RF), or Residential
52 Apartment (RA) zone, as defined in the zoning regulations and shown in the official
53 maps of the Zoning Commission for the District.
54“(2) “Sound, noise, or music” includes sounds, noises, and music, such as
55 bass noises and similar sounds, that are audible or that generate vibrations or shaking
56 even if not audible.”.
57(c) Section 25-830 is amended by adding a new subsection (l) to read as follows:
                                               2
58“(l)(1) The penalties for a violation of § 25-725(a) shall be no less than the
59 following:
60“(A) For a 1st violation or a violation that occurs more than 2 years
61 after the most recent noise violation, which for the purposes of this subsection shall be
62 considered a first violation, no less than $1,000;
63“(B) For a 2nd violation that occurs within a 2-year period, no less
64 than $2,000;
65“(C) For a 3rd violation that occurs within a 3-year period, no less
66 than $4,000;
67“(D) For a 4th violation that occurs within a 4-year period, no less
68 than $6,000;
69“(E) For a 5th violation that occurs within a 4-year period, no less
70 than $8,000; and
71“(F) For a 6th or subsequent violation within a 4-year period, no
72 less than $10,000.
73“(2) For a 4th or subsequent violation of § 25-725 within a 2-year period,
74 the Board may also suspend any alcoholic beverage license that the licensee holds at the
75 premises for up to 10 consecutive days or place restrictions on, as applicable, the hours of
76 the licensee’s entertainment endorsement, summer garden endorsement, or sidewalk café
77 endorsement.
78“(3) Notwithstanding paragraph (1) of this subsection, a written warning
79 may be issued, in place of a fine, for a first violation of § 25-725, in which case that
                                              3
80 violation shall not be considered a first violation for the purposes of paragraph (1) of this
81 subsection.
82“(4) A violation of § 25-725 shall be a secondary tier violation under the
83 schedule of civil fines established by the Board pursuant to subsections (a) and (b) of this
84 section.”.
85Sec. 3. Fiscal impact statement.
86The Council adopts the fiscal impact statement in the committee report as the
87 fiscal impact statement required by section 4a of the General Legislative Procedures Act
88 of 1975, approved October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a).
89Sec. 4. Effective date.
90This act shall take effect following approval by the Mayor (or in the event of veto
91 by the Mayor, action by the Council to override the veto), a 30-day period of
92 congressional review as provided in section 602(c)(1) of the District of Columbia Home
93 Rule Act, approved December 24, 1973 (87 Stat. 813; D.C. Official Code § 1-
94 206.02(c)(1)), and publication in the District of Columbia Register.
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                     Government of the District of Columbia
                       Office of the Chief Financial Officer
Glen Lee
Chief Financial Officer
MEMORANDUM
TO:  The Honorable Phil Mendelson
                      Chairman, Council of the District of Columbia
FROM:  Glen Lee
                      Chief Financial Officer
DATE:  September 8, 2025
SUBJECT:  Fiscal Impact Statement – Nightlife Noise Balance Amendment Act of
                      2025
REFERENCE:  Draft Bill as provided to the Office of Revenue Analysis on August 10,
                      2025
Conclusion
Funds are sufficient in the revised fiscal year 2025 budget and the fiscal year 2026 through fiscal year
2029 budget and financial plan to implement the bill.
Background
The Alcoholic Beverage and Cannabis Administration (ABCA) regulates the hours of sale and delivery
for retail establishments through the initial application and renewal process. ABCA also regulates
and administers the protest process for the hours of operation, service, and consumption, and the
use of summer gardens, sidewalk cafés, and entertainment endorsements associated with licensing
a retail establishment. ABCA also regulates the noise that can emanate from a licensed establishment.
The bill expands ABCA’s authority to regulate the hours of operation, service, and consumption, and
the use of summer gardens, sidewalk cafés, and entertainment endorsements during the initial
application and renewal processes.
The bill establishes a definition of a noise-restricted area that expands where sounds, noise, or music1
from a licensed establishment should not be audible to include public or private outdoor spaces of a
residential building that are within fifteen feet of the licensed establishment. The bill also establishes
1 The bill defines sounds, noise, or music to include bass noises and similar sounds, that are audible or that
generate vibrations or shaking even if not audible.
         1350 Pennsylvania Avenue, NW, Suite 203, Washington, DC 20004 (202)727-2476
                                       www.cfo.dc.gov
The Honorable Phil Mendelson
FIS: “Nightlife Noise Balance Amendment Act of 2025,” Draft Bill as provided to the Office of Revenue Analysis
on August 10, 2025
a separate civil fine structure for noise violations and establishes these violations as secondary tier
violations. The following chart outlines the fine schedule:
              Violation Occurrence  Minimum Fine Amount
              First violation in a two-year period  $1,000
              Second violation in a two-year period  $2,000
              Third violation in a three-year period        $4,000
              Fourth violation in a four-year period        $6,000
              Fifth violation in a four-year period  $8,000
              Sixth Violation in a four-year period        $10,000
The bill authorizes ABCA to suspend the license of an establishment for up to ten days, or place other
restrictions on the licensee, if ABCA issues four or more violations within a two-year period. ABCA is
also authorized to issue a warning for a first violation.
Financial Plan Impact
Funds are sufficient in the revised fiscal year 2025 budget and fiscal year 2026 through fiscal year
2029 budget and financial plan to implement the bill. The bill shifts the timing in the application
process whereby ABCA can impose hours restrictions on the operation, service, or consumption of
beverages from the protest stage to the initial application or renewal stage. There are no costs
associated with giving ABCA this authority earlier in the process.
The bill enhances ABCA’s enforcement of noise violations, but the changes are generally consistent
with existing noise restrictions. ABCA will continue to enforce noise violations when necessary with
existing budgeted resources. The bill’s fine schedule for noise violations establishes higher fine
amounts than the schedule currently used for noise enforcement. ABCA issued ten violations in fiscal
year 2024 and has issued two in fiscal year 2025. While the fine scale is higher, any increased
revenues are expected to be de minimis given the volume of violations issued.
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                 GOVERNMENT OF THE DISTRICT OF COLUMBIA
                       OFFICE OF THE ATTORNEY GENERAL
BRIAN L. SCHWALB  PRIVILEGED AND CONFIDENTIAL
ATTORNEY GENERAL  ATTORNEY-CLIENT COMMUNICATION
LEGAL COUNSEL DIVISION
MEMORANDUM
TO:  Tomás Talamante
         Director
         Office of Policy and Legislative Affairs
FROM:  Adele El-Khouri
         Deputy Attorney General
         Legal Counsel Division
DATE:  May 28, 2025
SUBJECT:    Legal Sufficiency Review of the Medical Cannabis Conditional Licensee Extension
       and Cultivation Centers Expansion Amendment Act of 2025, Medical Cannabis
       Conditional Licensee Extension and Cultivation Centers Expansion Temporary
       Amendment Act of 2025, Medical Cannabis Conditional Licensee Extension and
       Cultivation Centers Expansion Emergency Amendment Act of 2025, and
       Accompanying Emergency Declaration Resolution
       (AE-25-324)
_____________________________________________________________________________________
This is to Certify that the Office of the Attorney General has reviewed the
above-referenced legislation and found it to be legally sufficient. If you have any questions in this
regard, please do not hesitate to call me at (202) 262-6402.
_________________________________
Adele El-Khouri
                    1350 Pennsylvania Avenue, N.W., Suite 409, Washington, D.C. 20004
                          Phone (202) 262-6402 Email: adele.el-khouri@dc.gov