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Jarrett v. Woodward Bros.5/25/2000
ermine whether Adam Jarrett was a member of the class sought to be protected by the statute, we turn to a review of the legislative history of § 25-121. Legislative History of D.C. Code § 25-121.
The District of Columbia Alcoholic Beverage Control Act was signed into law on January 24, 1934, in the post-Prohibition era. See District of Columbia Alcohol Beverage Control Act, Pub. L. No. 73-85, 48 Stat. 319 (1934) (codified as amended at D.C. Code §§ 25-101 to -148 (1996)). The first incarnation of what is today's § 25-121 (b), section 20 of Public Law No. 73-85, stated:
Sec. 20. Licenses issued hereunder shall not authorize the sale or delivery of beverages, with the exception of beer and light wines, to any person under the age of twenty-one years, or beer or light wines, to any person under the age of eighteen years, either for his own use or for the use of any other person; or the sale of beverages to any intoxicated person or to any person of notoriously intemperate habits or to any person who appears to be intoxicated; and ignorance of the age of any such minor shall not be a defense to any action instituted under this section. No licensee shall be liable to any person for damages claimed to arise from refusal to sell such alcoholic beverages. 48 Stat. at 331 (emphasis added).
Among the concerns of Congress was to ensure that the Act would "promote temperance," "prevent the return of the saloon" and "keep alcohol traffic in the open." 78 Cong. Rec. H268 (daily ed. Jan. 9, 1934) (statement of Rep. Patman). Twenty years later, the Congress increased the liquor licensees' obligations under the statute by prohibiting them from permitting liquor consumption by underage and intoxicated persons on licensed premises, not only selling or delivering liquor to such persons:
No person being the holder of a license issued section under section 11 (l) of this Act shall permit on the licensed premises the consumption of alcoholic beverages, with the exception of beer and light wines, by any person under the age of twenty- one years, or permit the consumption of beer and light wines by any person under the age of eighteen years; or the consumption of any beverage by any intoxicated person, or any person of notoriously intemperate habits, or any person who appears to be intoxicated; and ignorance of the age of any such minor shall not be a defense to any action instituted under this section. No licensee shall be liable to any person for damages claimed to arise from refusal to permit the consumption of any beverage on any premise licensed under section 11 (l) of this Act. District of Columbia Law Enforcement Act of 1953, Pub. L. No. 83-85, § 404 (g), 67 Stat. 90, 103-04 (codified as amended at D.C. Code § 25- 121 (b)) (emphasis added).
In 1981, the Council of the District of Columbia for the first time undertook to amend the ABC Act when it passed the Alcoholic Beverage Control Amendments Act of 1982. See D.C. Law No. 4-157, 29 D.C. Reg. 3617 (1982). Among the primary purposes of the law were to give the Mayor authority to prescribe rules and regulations to carry out the purposes of the ABC Act and to bring certain sections of the act and regulations into conformity with federal law. See Committee on Public Services and Consumer Affairs, Council of the District of Columbia, Report on Bill 4-218, "Alcoholic Beverage Control Amendments Act of 1981" 2, (1982). One year later, the Council passed the Alcoholic Beverage Anti-discrimination Act of 1984, see D.C. Law No. 5-106, 31 D.C. Reg. 3381 (1984), which added several new subsections requiring, inter alia, that licensees make a "good faith effort" to verify that patrons are of drinking age, post signs notifying the publi
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