(a) The Mayor, pursuant to subchapter I of Chapter 5 of Title 2, shall issue rules to implement the provisions of this subchapter within 90 days after September 23, 2009.
(b) If the Mayor determines that a violation has occurred, the retail establishment shall be liable for the fees under § 8-102.03(a) and:
(1) Upon the 1st violation, written warning notice that a violation has occurred shall be issued to the retail establishment. No penalty shall be imposed for the 1st violation.
(2) Upon subsequent violations, the Mayor shall impose a penalty on the retail establishment. The penalty shall not exceed:
(A) $100 for the 1st violation after the written warning;
(B) $200 for the 2nd violation; or
(C) $500 for the 3rd and each subsequent violation.
(3) No more than one penalty shall be imposed upon a retail establishment within a 7-day period.
(c) If payment of any amounts due under this section is not received on or before the due date, a penalty shall be added as the Mayor provides by rule.
(d) Revenues collected through citations for violation of this subchapter shall be used only for enforcement costs, including hiring inspectors and other staff, and administrative costs associated with enforcement of this subchapter.
CREDIT(S)
(Sept. 23, 2009, D.C. Law 18-55, § 5, 56 DCR 5703; Sept. 14, 2011, D.C. Law 19-21, § 6032(b), 58 DCR 6226.)
HISTORICAL AND STATUTORY NOTES
Effect of Amendments
D.C. Law 19-21, in subsec. (b)(2)(A), substituted “warning” for “warning in a calendar year”; and, in subsecs. (b)(2)(B) and (C), substituted “violation” for “violation in the same calendar year”.
Legislative History of Laws
For Law 18-55, see notes following § 8-102.01.
For history of Law 19-21, see notes under § 8-102.03.