3F01 Carl R. Kessler, Treasurer 3F02 Karen L. Perry, Vice Chair 3F03 Robert V. Maudlin 3F04 David J. Bardin, Secretary 3F05 Judith M. Bernardi 3F06 Catherine J. Wiss, Chair 3F07 Stephen N. Dennis

4401-A Connecticut Ave. NW # 244 Washington, DC 20008-2322 www.anc3f.org e-mail: anc3f@juno.com phone: 202.362.6120 fax: 202.686.7237

Alcoholic Beverage Control Board

941 North Capitol Street, NE - 7th Floor

Washington, DC 20002

RE: Notice of Proposed Rulemaking (NOPR), 49 DCR 10827-10925 (Nov. 29, 2002)

Dear Alcoholic Beverage Control Board (ABC Board):

We appreciate this opportunity to offer comments under an extended deadline.

At a duly-noticed public meeting on February 10, 2003, with a quorum present, Advisory Neighborhood Commission (ANC) 3F considered responding to the referenced NOPR and voted 6-0-0 to ask your agency to prepare a summary of the differences between the current regulations and the proposed rules, giving reasons for the proposed changes, and then to invite salient comments (after lifting a heavy research burden the NOPR places on this ANC and others).

The proposed rules are 98 pages long and have no table of contents; the numbering of the proposed provisions is confusing because it does not correspond to the current numbering system; nor is there an explanation how the new regulations would accomplish the statutory intent. In addition to receiving a rationale for the changes, ANC 3F would like to know whether the proposed regulations reduce the role of ANCs in the ABC process.

Neither the NOPR preamble nor any other document provided by the ABC Board to this ANC summarizes the changes in regulation being proposed. The entire explanation offered in the NOPR preamble reads:

"The purpose of the proposed rules is to implement conforming regulations to carry out the provisions of D.C. Law 13-298, the Title 25, D.C. Code Enactment and Related Amendments Act of 2001, which took effect on May 3, 2001. The proposed rules would replace the existing Chapter 1 through Chapter 18 of Title 23 of the DCMR with a new Chapter 1 through Chapter 20."

This is not a user-friendly NOPR and does not follow best practices as exemplified by State and federal administrative rulemaking in the United States of America today. It is very difficult, therefore, to determine what changes the ABC Board proposes to make. Indeed, one wonders how the ABC Board would have proposed new regulations without preparing (and now sharing) a list of intended changes from the status quo ante.

ANC 3F recommends that the ABC Board:

1. Reissue a NOPR that is accompanied by a table of contents and a preamble with a descriptive list of significant changes being proposed, explaining the statutory authority and the policy basis for each proposed change, and inviting further comment.

Comment: If any of the proposed regulatory changes are not now authorized by existing statute, they could be described in the preamble and section numbers could be reserved for them, but they should be stricken from the proposed regulatory text.

2. Assure ANCs that nothing in the NOPR would weaken the force of voluntary agreements negotiated and/or approved by ANCs or - if the ABC Board intends otherwise, identify each such instance and explain the basis for the proposal.

Comment: ANC 3F uses and relies heavily on voluntary agreements to work with ABC licensees in our neighborhood to assure sound regulatory implementation and compliance. If a change in or exception to an effective voluntary agreement comes to be in the public interest (whether for one day or for longer), we believe that an amendment approved by the ANC would be the appropriate remedy. As to "caterers", we believe the existing voluntary agreement provisions have been adequate and appropriate.

3. Assure ANCs that nothing in the NOPR would limit or reduce notice given to ANCs or the "great weight" that the ABC Board would be required to afford ANC recommendations or other procedural authority assigned to ANCs - or, if limitations or reductions are contemplated, identify each such instance and the basis for such change.

Respectfully submitted,

/s/ David J. Bardin

David J. Bardin, Secretary, ANC 3F