Washington Press Club v. District of Columbia Alcoholic Beverage Control Board

476 A.2d 1107, 1984 D.C. App. LEXIS 400
CourtDistrict of Columbia Court of Appeals
DecidedMay 31, 1984
DocketNo. 83-502
StatusPublished
Cited by3 cases

This text of 476 A.2d 1107 (Washington Press Club v. District of Columbia Alcoholic Beverage Control Board) is published on Counsel Stack Legal Research, covering District of Columbia Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Washington Press Club v. District of Columbia Alcoholic Beverage Control Board, 476 A.2d 1107, 1984 D.C. App. LEXIS 400 (D.C. 1984).

Opinion

FERREN, Associate Judge:

Petitioner, the Washington Press Club (WPC), challenges a decision of the District of Columbia Alcoholic Beverage Control Board (the Board) denying WPC’s application for a Class C liquor license to sell beer, wine, and spirits to members and guests on WPC premises. WPC applied for the license as a “bona fide ... club” under D.C. Code § 25-lll(a)(7) (1981 & Supp.1983). In denying the application, the Board concluded that the premises for which the license was sought did not meet the requirements set forth in the Alcoholic Beverage Control Act’s definition of a “club.” D.C.Code § 25-103(7) (1981). Petitioner contends that the Board has misinterpreted § 25-103(7) and thereby imposed unreasonable restrictions on the issuance of licenses. We disagree and thus affirm the decision of the Board.1

I.

WPC is a nonprofit corporation which traces its origin back sixty-five years. Its membership — restricted to persons en[1108]*1108gaged in full-time careers in journalism— numbers 665, of whom 350 are active resident members. WPC’s stated purposes are to “encourage higher professional standards in journalism” and to “present outstanding leaders and foster discussion in meetings and seminars, thereby encouraging dissemination of information to the public.” In furtherance of these purposes, WPC for many years has held weekly luncheons at which its members could meet with leaders from government, business, science, or other areas of public importance. Before 1982, these lunches were held in public restaurants.

In February 1982, WPC purchased three units on the first floor of a primarily residential condominium at 1330 New Hampshire Avenue, N.W. WPC removed the dividing wall between two of the units and converted this area to a meeting room. This space of approximately 1,100 square feet, contains eleven tables that seat four persons each, a bar, and a “regular condominium apartment kitchen." WPC now holds some of its weekly luncheons in this meeting room. It also holds evening social functions there and permits members to reserve the premises for private parties. When food is provided at any of these events, it is catered or otherwise delivered to the premises; no food is cooked or prepared in the kitchen of the meeting room.

In October 1982, WPC applied for a Class C retail liquor license for the meeting room. Such a license would permit WPC to sell alcoholic beverages to its members and guests at both afternoon and evening WPC functions. After a hearing in November 1982, the Board denied WPC’s application on the ground that the WPC meeting room did not qualify as a club. See note 1 supra.

II.

The Alcoholic Beverage Control Act prescribes two types of standards that must be met before an applicant can be treated as a “club” eligible to apply for a Class C liquor license. The first type requires the applicant to have certain organizational characteristics. The applicant must be “a corporation for the promotion of some common objective (not including corporations organized for any commercial or business purpose, the object of which is money profit).” D.C.Code § 25-103(7) (1981).2 Moreover, the applicant’s “affairs and management” must be “conducted by a board of directors, executive committee, or similar body chosen by the members,” and “no officer, agent, or employee of the club” may receive “any profit from the disposition or sale of beverages to the club or to members of the club or guests ... beyond the amount of such salary as may be fixed” [1109]*1109by the organization. Id. The club must also have been “established for at least 3 months immediately prior to the making of the application.” D.C.Code § 25-lll(a)(7) (1981).

The second standard a “club” applicant must meet embraces criteria for evaluating the premises for which a license is sought, including the manner in which the premises are to be put to use. The applicant must own, hire, or lease “a building or space in a building ... suitable and adequate for the reasonable and comfortable use of its members and their guests.” D.C.Code § 25-103(7) (1981). Additionally, and most pertinent to this decision, a “club” must possess “such suitable and adequate kitchen and dining room space and equipment, implements, and facilities, and employ[] such a sufficient number of employees for cooking, preparing, and serving meals for its members and their guests, as shall satisfy the board that the sale of beverages intended is not more than an incident to and is not the prime source of income from such space.” Id.

There is no question that WPC possesses the organizational characteristics necessary to be considered a “club.” The Board made specific findings in favor of WPC as to each of the organizational criteria. Thus, in denying WPC’s application, the Board relied on its evaluation of the premises and the applicant’s proposed use of the premises, not on a belief that WPC — as an organization — is unsuited to be a licensee.3

The Board’s conclusion that WPC’s meeting room did not qualify as a club was based on its findings that:

Applicant does not intend to cook and prepare food on the premises for its functions. The food for its weekly luncheons will be catered from outside.
No utensils, food and dinnerware were on the premises during an inspection conducted by [the] Alcoholic Beverage Control Investigator.

In effect, the Board concluded that an applicant who is not equipped and does not plan to prepare any food on the premises for which a license is sought cannot “satisfy the Board that the sale of beverages intended is not more than incidental to and is not the prime source of revenue from such space.” D.C.Code § 25-103(7) (1981).

WPG does not dispute that the Board’s findings are supported by substantial evidence in the record, but argues instead that the Board’s conclusion represents an erroneous reading of § 25-103(7). WPC contends that its stated intention to have catered food provided at most of the functions conducted in its meeting room is an adequate assurance that the sale of alcoholic beverages will be only an incidental use of that space.

It is well-established that “ ‘an agency’s interpretation of the statutes and regulations it administers will be sustained unless shown to be unreasonable or in contravention of the language or legislative history of the statute.’ ” Haight v. District of Columbia Alcoholic Beverage Control Board, 439 A.2d 487, 491 (D.C.1981) (quoting DeLevay v. District of Columbia Rental Accommodations Commission, 411 A.2d 354, 359 (D.C.1980)).

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Cite This Page — Counsel Stack

Bluebook (online)
476 A.2d 1107, 1984 D.C. App. LEXIS 400, Counsel Stack Legal Research, https://law.counselstack.com/opinion/washington-press-club-v-district-of-columbia-alcoholic-beverage-control-dc-1984.