6146131 Resolution 21-551, Sale to Minors Penalty Clarification Congressional Review Emergency Declaration Resolution of 2016

A RESOLUTION

                                                        

21-551

 

IN THE COUNCIL OF THE DISTRICT OF COLUMBIA

 

July 12, 2016        

 

 

                                                                                                                                             

To declare the existence of an emergency, due to congressional review, with respect to the need to amend Chapter 7 of Title 25 of the District of Columbia Official Code to clarify the penalties for sale to minors violations and the failure to ascertain the legal drinking age violations.

 

            RESOLVED, BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this resolution may be cited as the “Sale to Minors Penalty Clarification Congressional Review Emergency Declaration Resolution of 2016”.

 

            Sec. 2. (a) The current language in D.C. Official Code §§ 25-781(f) and 25-783(c) needed to be amended to eliminate existing confusion among licensed establishments cited for selling alcoholic beverages to a minor or for failing to check identification to clarify how the Alcoholic Beverage Control Board determines the penalties for subsequent sale to a minor and the failure to check identification violations. 

            (b) The Council enacted the Sale to Minors Penalty Clarification Emergency Amendment Act of 2016, effective May 19, 2016 (D.C. Act 21-398; 63 DCR 7912) ("emergency legislation") and the Sale to Minors Penalty Clarification Temporary Amendment Act of 2016, enacted on June 29, 2016 (D.C. Act 21-432; 63 DCR 9284) ("temporary legislation"), to clarify the law for licensed establishments and to avoid any adverse impact on the Alcoholic Beverage Control Board when it imposes a penalty on an establishment that has violated the law which remedied the above-referenced issues.  

            (c)  The emergency legislation expires on August 17, 2016 and the temporary legislation must complete the 30-day review period required by section 602(c)(1) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 813; D.C. Official Code § 1-206.02(c)(1)), and will not become law until after the emergency legislation has expired.

            (d) It is important that the provisions of the emergency legislation continue in effect, without interruption, until the temporary legislation is in effect.

 

 

 

            Sec. 3. The Council of the District of Columbia determines that the circumstances enumerated in section 2 constitute emergency circumstances making it necessary that the Sale to Minors Penalty Clarification Congressional Review Emergency Amendment Act of 2016 be adopted after a single reading.

 

          Sec. 4. This resolution shall take effect immediately.