(a) Within 90 days after May 3, 2001, the Board shall submit proposed regulations setting forth a schedule of civil penalties (“schedule”) for violations of this title to the Council for a 60-day period of review, including Saturdays, Sundays, holidays, and periods of Council recess. If the Council does not approve, in whole or in part, the proposed regulations by resolution with the 60-day review period, the regulations shall be deem disapproved. The schedule shall replace all civil penalties, except as expressly provided in this title.
(b) The schedule shall be prepared in accordance with the following provisions:
(1) The schedule shall contain 2 tiers that reflect the severity of the violation for which the penalty is imposed:
(A) The primary tier shall apply to more severe violations, including service to minors or violation of hours of sale or service of alcoholic beverages.
(B) The secondary tier shall apply to less severe violations, including the failure to post required signs.
(2) A subsequent violation in the same tier, whether a violation of the same provision or different one, shall be treated as a repeat violation for the purposes of imposing an increased penalty; provided, that all secondary tier infractions cited by ABRA investigators or Metropolitan Police Department Officers, during a single investigation or inspection on a single day, shall be deemed to be one secondary tier violation for the purposes of determining repeat violations under this section.
(c)(1) For primary tier violations, the penalties shall be no less than the following:
(A) For the first violation, no less than $1,000;
(B) For the second violation within 2 years, no less than $2,000; and
(C) For the third violation within 3 years, no less than $4,000;
(2) A licensee who has been found in violation of no more than 3 secondary tier violations and who is subsequently found in violation of a primary tier violation shall be penalized according to a first primary tier violation.
(3) A licensee found in violation of a primary tier offense for the fourth time within 4 years shall have the license revoked.
(d)(1) For secondary tier violations, the penalties shall be no less than the following:
(A) For the first violation, no less than $250.
(B) For the second violation within 2 years, no less than $500.
(C) For the third violation within 3 years, no less than $750.
(2) A licensee found in violation of a secondary tier violation for the fourth time within 4 years shall be penalized according to a first primary tier violation. Every subsequent secondary tier offense within 5 years of the first violation shall be fined according to the schedule for primary tier violations.
(e)(1) Except for an egregious violation as may be later defined by ABC rulemaking, no licensee shall be found to be in violation of a first-time violation of § 25-781 (sales to minors), unless the licensee has been given a written warning, or received a citation, for the violation, or had an enforcement proceeding before the Board, during the 4 years preceding the violation.
(2) A warning for a first-time violation of § 25-781 shall include a description of the violation. The Alcoholic Beverage Regulation Administration shall make available a schedule of fines that could be imposed upon subsequent violation. Within one year of [March 25, 2009], the Board shall submit a report on the status of the warning requirement for § 25-781 violations, including a statement on repeat offenders and subsequent fines or sanctions imposed. The provisions of paragraph (1) of this subsection, and the provisions of § 25-781(f) shall expire one year from [March 25, 2009], unless the Board finds each of the following:
(A) That the warning requirement was effective in correcting behavior that was the subject of the warning for those licensees; and
(B) That the warning requirement contributed to the overall prevention of sales to minors in the District of Columbia.
(3)(A) Within 60 days of [March 25, 2009], the Board shall issue proposed regulations for a comprehensive warning and violation structure, which shall include recommendations on which violations of the act or regulations shall require a warning for a first-time violation prior to penalty.
(B) Proposed rules under this subsection shall be submitted to the Council for a 30-day period of review. The Council may approve these proposed regulations, in whole or in part, by resolution. If the Council has not approved the regulations upon expiration of the 30-day review period, the regulations shall be deemed disapproved.
(f) The Board or the Council may amend the schedule. An amendment by the Board shall be submitted to the Council for its approval in accordance with subsection (a) of this section. The Board may fine for a violation not listed on the schedule consistent with the primary tier violation penalties set forth in subsection (c)(1) of this section.
(g) The schedule and any amendments to the schedule shall be published in the District of Columbia Register and promulgated by the procedure adopted under § 25-211(e).
(h) Penalties or fines assessed under this chapter shall be credited to the General Fund of the District of Columbia.
CREDIT(S)
(May 3, 2001, D.C. Law 13-298, § 101, 48 DCR 2959; Mar. 25, 2009, D.C. Law 17-361, § 2(d)(3), 56 DCR 1204.)
HISTORICAL AND STATUTORY NOTES
D.C. Law 13-298 amended and enacted into law Title 25 of the District of Columbia Official Code.
Effect of Amendments
D.C. Law 17-361 rewrote subsec. (e) and added the second sentence to subsec. (f). Prior to amendment, subsec. (e) read as follows:
“(e) The Board may specify violations for which a licensee may be given a warning before the issuance of a citation for a first violation.”
Legislative History of Laws
For D.C. Law 13-298, see notes following § 25-101.
For Law 17-361, see notes following § 25-113.
References in Text
The reference in subsection (e)(3)(A) to “the act” is a reference to the Alcoholic Beverage Enforcement Amendment Act of 2008, effective March 25, 2009 (D.C. Law 17-361; 56 DCR 1204).
Resolutions
Resolution 15-340, the “Alcoholic Beverage Regulation Civil Penalty Schedule Regulations Approval Resolution of 2003”, was approved effective December 2, 2003.
Resolution 18-488, the “Egregious First Time Sale to Minor Violation Clarification Regulations Approval Resolution of 2010”, was approved effective June 1, 2010.
Resolution 18-522, the “East Dupont Circle Moratorium Zone Regulations Approval Resolution of 2010”, was approved effective June 29, 2010.
Resolution 18-540, the “Drinking and Driving Warning Sign Regulation Approval Resolution of 2010”, was approved effective July 13, 2010.
Resolution 18-701, the “Georgetown Moratorium Zone Revised Approval Resolution of 2010”, was approved effective December 21, 2010.