(a) A wine pub endorsement shall authorize the licensee to manufacture wine containing no more than 21% alcohol by volume at one location from grapes, fruit, or fruit juices transported to the facility used by the on-premises retailer's license class C or D licensee for on-premises consumption and for sale to the licensed wholesalers for the purpose of resale to other licensees.

(a-1) A wine pub endorsement issued in accordance with subsection (a) shall authorize the licensee to manufacture wine containing no more than 21% alcohol by volume.

(b) A wine pub endorsement shall be issued only to the licensee under an on-premises retailer's license, class C or D, in conjunction with the issuance of an on-premises retailer's license, class C or D.

(c) Except as provided for in subsection (c-1) [of this section], the location used to manufacture wine shall be on or immediately adjacent to the facility used by the on-premises retailer's license class C or D licensee that is licensed to the wine pub owner in accordance with subsection (b) of this section.

(c-1)(1) A licensee holding a wine pub endorsement may manufacture wine at a location that is not on or immediately adjacent to the on-premises retailer's license, class C or D; provided, that:

(A) The licensee obtains an off-site production permit, as defined by regulation;

(B) The location of the off-site production permit is within 600 feet of the licensed establishment; and

(C) No on-premises or off-premises sales occur at the off-site production location.

(2) The minimum annual fee for an off-site production permit shall be $500 per year.

(d) If a licensee has submitted a completed application for or received a wine pub endorsement on or after February 7, 2018, the establishment shall only be endorsementted to sell wine to patrons in sealed bottles or other closed containers for off-premises consumption if the wine is:

(1) Manufactured at the wine pub endorsement holder's licensed location;

(2) Manufactured by the holder of the wine pub endorsement or an entity, regardless of jurisdiction, with a shared ownership interest of 5% or more in the location where the wine pub endorsement is located; or

(3) Manufactured by the holder of the wine pub endorsement as a part of a collaboration with another wine manufacturer, regardless of jurisdiction.

(d-1)(1) If the licensee has submitted a completed application for or is the holder of a wine pub endorsement before February 7, 2018, the establishment may sell wine to patrons in sealed bottles or other closed containers for off-premises consumption if the licensee:

(A) Maintains an Alcohol and Tobacco Tax and Trade Bureau endorsement on the licensed premises and provides it to an ABRA Investigator upon request during operating hours;

(B) Possesses operational wine manufacturing equipment on the licensed premises; and

(C) Produces or makes reasonable efforts, as determined by the Board, to produce at least one type of wine on the licensed premises per calendar year.

(2) A licensee under this subsection shall, on or before January 15th of each calendar year, furnish to the Board on a form to be prescribed by the Board a statement under oath listing the type of wine the licensee produced or made reasonable efforts to produce on the licensed premises and the name and title of the vintner, or other person, who produced or made reasonable efforts to produce the wine.

(3) In accordance with § 25-823, the Board may fine and revoke or suspend a wine pub endorsement if the holder of a wine pub endorsement fails to comply with the terms of this subsection.

(4) A wine pub endorsement issued pursuant to this subsection shall expire upon the revocation, cancellation, or transfer of the license.

(e) [Repealed].

(f) A wine pub endorsement shall be cancelled or revoked if the on-premises retailer's license class C or D licensee ceases operation or the license is revoked or cancelled.

(g) A wine pub endorsement shall be automatically suspended whenever and for the same period that the licensee’s retailer’s license, class C or D, is suspended.

(h) A licensee holding wine pub endorsements at separate locations in the District shall be permitted to transport wine for sale and consumption manufactured at one wine pub facility to another wine pub facility owned by the licensee.

(i) A licensee holding a wine pub endorsement shall be authorized to sell and deliver wine directly to a consumer for off-premises consumption if the alcoholic beverage is:

(1) Manufactured at the wine pub facility;

(2) Manufactured by the holder of the wine pub endorsement or an entity, regardless of jurisdiction, with a shared ownership interest of 5% or more in the location where the wine pub endorsement is located; or

(3) Manufactured by the holder of the wine pub endorsement as part of a collaboration with another manufacturer, regardless of jurisdiction.

(May 1, 2013, D.C. Law 19-310, § 2(g), 60 DCR 3410; Oct. 30, 2018, D.C. Law 22-165, § 2(a)(9), 65 DCR 9366; Feb. 21, 2020, D.C. Law 23-54, § 2(a)(6), 67 DCR 28.)

For temporary (90 days) addition of this section, see § 2(g) of the Omnibus Alcoholic Beverage Regulation Congressional Review Emergency Act of 2013 (D.C. Act 20-52, April 22, 2013, 60 DCR 6372, 20 DCSTAT 1388).