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ALCOHOLIC BEVERAGE REGULATION ADMINISTRATION
ALCOHOLIC BEVERAGE CONTROL BOARD
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NOTICE OF PROPOSED RULEMAKING
The Alcoholic Beverage Control Board (“Board”), pursuant to the authority set forth in D.C. Official Code § 25-211(b) (2008 Supp.) and § 25-830(e)(2001) hereby gives notice of the adoption of proposed rules that create a new section 807 of Title 23 of the DCMR to clarify what constitutes an “egregious” first-time sale to minor violation.
The Board gives notice of its intent to adopt these proposed rules in not less than thirty (30) days from the date of publication of this notice in the D.C. Register. Pursuant to D.C. Official Code § 25-211(b)(2008 Supp.), these proposed rules are also being transmitted to the Council of the District of Columbia, and the final rules may not become effective until the expiration of the ninety (90) day period of Council review or upon approval by Council resolution, whichever occurs first.
Title 23 DCMR, Chapter 8 (Enforcement, Infractions, and Penalties), is amended by adding a new section 807 to read as follows:
807 SALE TO MINOR VIOLATIONS
807.1 The Board may give warnings for first-time sale to minor offenses, excluding “egregious” sale to minor violations. Egregious shall be defined as “a sale to minor violation where the licensee: (1) sold or served an alcoholic beverage to a minor who was unable to produce a valid identification after a request from the licensee to do so, or (2) intentionally sold an alcoholic beverage to a minor.”
Copies of the proposed rulemaking can be obtained by contacting Martha Jenkins, General Counsel, Alcoholic Beverage Regulation Administration, 941 North Capitol Street, N.E., 7th Floor, Washington, D.C. 20002. All persons desiring to comment on the proposed rulemaking must submit their written comments, not later than thirty (30) days after the date of publication of this notice in the D.C. Register, to the above address.
