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Home » 2013 Issues » Vol. 60, No. 40 (09/20/2013) » 4549511 Notice of Final Rulemaking to amend the ABRA civil penalty schedule.

  4549511 Notice of Final Rulemaking to amend the ABRA civil penalty schedule.  

  • ALCOHOLIC BEVERAGE REGULATION ADMINISTRATION

    ALCOHOLIC BEVERAGE CONTROL BOARD

    ­­­­­­­­­­­­­

    NOTICE OF FINAL RULEMAKING

     

    The Alcoholic Beverage Control Board (Board), pursuant to the authority set forth in D.C. Official Code §§ 25-211(b) and 25-830(f) (2012 Supp.) hereby gives notice of its intent to adopt the following final rules that would amend the existing ABRA civil penalty schedule set forth in Section 800 of Title 23 (Alcoholic Beverages) of the District of Columbia Municipal Regulations (DCMR).  These rules also make clear that the penalties contained in the amended civil penalty schedule will become effective five (5) days after publication in the D.C. Register. Additionally, these rules require a regulatory inspection by an ABRA investigator in not less than ten days following the issuance of a mandatory warning for a first offense.  Lastly, the proposed rules set a limitation on the number of mandatory warnings a licensee can receive for the same offense. 

     

    These rules were initially adopted by the Board on August 15, 2012, by a five (5) to zero (0) vote.  On October 31, 2012, the Board conducted a public hearing, pursuant to D.C. Official Code § 25-354 (2012 Supp.), to further objectives on two fronts.  First, because the civil penalty schedule has not been updated since 2004, the Board invited comment from parties on revisions to the schedule.  These revisions were necessary to ensure that the civil penalty schedule accurately reflected a penalty commensurate with the offense, and that it captured all laws and regulations that have been adopted by the Council since 2004, to include the Omnibus Alcoholic Beverage Regulation Emergency Amendment Act of 2012, effective May 1, 2013 (D.C. Act 19-597, 60 DCR 1001).  

     

    Second, the Board also invited comments on its efforts to implement a more comprehensive and robust warning system.  The Board is required by law, pursuant to the Alcoholic Beverage Enforcement Act of 2008, to issue regulations for a warning system that includes recommendations as to what violations should require a mandatory warning for a first offense. Notwithstanding the Board’s existing discretion to issue warnings under 23 DCMR § 805, the Board sought to expand the number and type of offenses that qualified for a warning, and those that qualified for a mandatory warning. To further economic efficiency, the Board sought to update its existing warning system at the same time it undertook to revise the existing penalty schedule. 

     

    Andrew Kline, Legislative Representative, testified on behalf of the Restaurant Association (RAMW).  RAMW has approximately 700 members and is the principal representative of restaurants in the District of Columbia.  At the hearing, RAMW briefed the Board on the history of the mandatory warning requirement contained in D.C. Official Code § 25-830(e)(3) (2008 Supp.).  RAMW suggested that 1) the genesis for a warning system stemmed from the notion that the regulated industry favors compliance with regulatory standards, but that there are times when education and minimal penalties are all that are needed for a first offense, particularly when that offense involves no direct potential impact on public safety; and 2) the law’s legislative history indicates a desire that the civil penalty schedule include a warning requirement for secondary tier violations and for a ‘sales to minor’ first offense.  RAMW further testified that of the 154 separately scheduled violations contained in the civil penalty schedule, 91 are classified as secondary tier violations.  Of the 91 listed secondary tier violations, only 14 require warnings for a first offense.  Lastly, RAMW testified that the Board should adopt a mandatory warning system for all secondary tier violations.  

     

    The Board received no other testimony or written comments. The Board took the views of RAMW and the statute’s legislative intent into consideration and reviewed the existing civil penalty schedule to determine what offenses should be added to the schedule, what offenses should be reassigned a different tier, and what offenses should be eligible for a mandatory warning. 

     

    The Board notes for the record that it has long recognized the efficacy of warnings as an effective educational tool.  It has been the practice of this Board to give licensees an opportunity to take voluntary and prompt corrective action before the Board initiates an enforcement action when it is consistent with the public protection responsibilities of the Board, and depending on the nature of the violation. The Board’s use of warnings is twofold: to achieve voluntary compliance, and to establish prior notice.  The use of warnings and the prior notice policy are based on the Board’s expectation that most licensees comply with the law and the regulations when they are properly educated.   

     

    With the adoption of a mandatory warning system, the Board’s implementation would result in a written administrative warning to the offending licensee.  This written administrative warning would document the violation and would serve as a tool available to ABRA’s Enforcement Division for ensuring corrective action is taken.   

     

    However, the Board does not agree with RAMW’s position that every secondary tier violation should qualify for a mandatory warning. The Board desires to make clear that violations of legal or regulatory significance do not warrant mandatory warnings and may not even warrant discretionary warnings.  Significant violations are those violations that may lead to enforcement action as a matter of public safety.  It is the Board’s position that responsible licensees have a duty to implement whatever measures are necessary to ensure that their operations comply with the law and regulations.  Under the law, licensees are presumed to be fully aware of their responsibilities. 

     

    The Board considered the testimony of RAMW and the legislative intent of the Council in reaching its decision to amend the existing penalty schedule by adding new offenses, re-evaluating the designation of primary or secondary tier violations, and establishing a more comprehensive warning system to include mandatory warnings for some first time offenses.  The Board’s decision was balanced upon its desire to protect the public safety for the most serious of offenses and yet, for those less serious offenses, the Board desires to give licensees an opportunity to seek voluntary compliance by taking timely corrective action. 

     

    The amended proposed rules were adopted by the Board on January 9, 2013, by a vote of five (5) to zero (0).  The Board received additional comments from RAMW, requesting the Board give further consideration to reducing the penalty on secondary tier violations.  The Board took the comments into consideration, and made additional modifications to the civil penalty schedule to ensure consistency in penalties for similar violations.  The Board then adopted the further amended proposed rules on April 3, 2013, by a vote of five (5) to zero (0).

     

    The rules were published in the D.C. Register as Notice of Proposed Rulemaking on February 8, 2013 at 60 DCR 1524.  Pursuant to D.C. Official Code § 25-211(b)(2) (2012 Supp.), the proposed rules were transmitted to the Council of the District of Columbia for a ninety (90) day period of Council review on May 28, 2013.  The rules were approved by Council Resolution 20-181, the “Revised ABRA Civil Penalty Schedule Approval Resolution of 2013”, adopted by the Council at its June 26, 2013 legislative meeting.  These final rules were adopted by the Board on September 11, 2013, on a vote of five (5) to zero (0), and they will become effective five (5) days after publication in the D.C. Register.

     

    Title 23 of the D.C. Municipal Regulations is amended as follows:

     

    Section 800,    ABRA CIVIL PENALTY SCHEDULE, of Chapter 8, ENFORCEMENT, INFRACTIONS, AND PENALTIES, of Title 23, ALCOHOLIC BEVERAGES, of the DCMR is amended by replacing Section 800 in its entirety to read as follows:

     

    800.     ABRA CIVIL PENALTY SCHEDULE.

     

    Section

    Description

    Violation

    Warning

    25-102(a)

    Selling Alcoholic Beverages Without a License

    Primary

    N     

    25-102(b)

    Wholesaler/Manufacturer Sale to Non-licensed Person for Resale

    Primary

    N

    25-102(c)

    Failure to Obtain Importation Permit

    Primary

    Y

    25-102(d)

    Permitting Consumption of Alcoholic Beverage Without a License

    Primary

    N

    25-110

    Violating Terms of Manufacturer's License

    Primary

    N

    25-111

    Violating Terms of Wholesaler's License

    Primary

    N

    25-112(a)-(c)

    Violating Terms of Off-Premise Retailer's License

    Primary

    N

    25-112(e)(1)

    Failure to File a Statement of Expenditures

    Secondary

    Y

    25-113(a)(2)(A)(ii)

    Knowingly Allowing Patron to Exit the Premises with an Open Container

    Secondary

    N

    25-113(a)(3)

    Selling or Serving Alcohol in a Closed Container

    Secondary

    Y - Mandatory

    25-113(b)(1)

    Failure to Keep Kitchen Open Two Hours Before Closing

    Secondary

    Y - Mandatory

    25-113(b)(2)(A)

    Failure of Restaurant to File a Quarterly Statement

    Secondary

    Y - Mandatory

    25-113(d)(1)

    Failure to Submit a Security Plan

    Primary

    Y

    25-113(e)(4)(A)

    Failure of Hotel to File a Quarterly Statement

    Secondary

    Y - Mandatory

    25-102(a)

    Selling Alcoholic Beverages Without a License

    Primary

    N     

    25-102(b)

    Wholesaler/Manufacturer Sale to Non-licensed Person for Resale

    Primary

    N

    Section

    Description

    Violation

    Warning

    25-102(c)

    Failure to Obtain Importation Permit

    Primary

    Y

    25-102(d)

    Permitting Consumption of Alcoholic Beverage Without a License

    Primary

    N

    25-110

    Violating Terms of Manufacturer's License

    Primary

    N

    25-111

    Violating Terms of Wholesaler's License

    Primary

    N

    25-112(a)-(c)

    Violating Terms of Off-Premise Retailer's License

    Primary

    N

    25-112(e)(1)

    Failure to File a Statement of Expenditures

    Secondary

    Y

    25-113(a)(2)(A)(ii)

    Knowingly Allowing Patron to Exit the Premises with an Open Container

    Secondary

    N

    25-113(a)(3)

    Selling or Serving Alcohol in a Closed Container

    Secondary

    Y - Mandatory

    25-113(b)(1)

    Failure to Keep Kitchen Open Two Hours Before Closing

    Secondary

    Y - Mandatory

    25-113(b)(2)(A)

    Failure of Restaurant to File a Quarterly Statement

    Secondary

    Y - Mandatory

    25-113(d)(1)

    Failure to Submit a Security Plan

    Primary

    Y

    25-113(e)(4)(A)

    Failure of Hotel to File a Quarterly Statement

    Secondary

    Y - Mandatory

    25-113(i)(l)(4)

    Failure by Caterer to File and Maintain Records for Inspection

    Secondary

    Y

    25-113(j)(3)

    Failure to Obtain Board Approval for Off-Site Storage

    Secondary

    Y - Mandatory

    25-113(j)(3)

    Failure to Maintain Records on Premises

    Primary

    Y - Mandatory

    25-113(a)(b)

    Failure to Obtain Entertainment Endorsement

    Primary

    Y

    25-113(a)©

    Failure to Obtain a Summer Garden or a Sidewalk Café Endorsement

    Primary

    Y

    25-114(a)

    Violating Terms of Arena C/X License

    Primary

    N

    25-115(a)

    Violating Terms of Temporary License

    Primary

    N 

    25-116 

    Violating Terms of Solicitor's License

    Primary

    N

    25-117

    Violating Terms of Brew Pub Permit

    Primary

    N

    25-118

    Failure to Obtain Tasting Permit, or Exceeding Scope of Tasting Permit

    Primary

    N

    25-119

    Importing Alcohol Without Permit

    Primary

    Y

    25-121

    Providing Alcohol Awareness Training Without Board Approval

    Secondary

    Y

    25-123

    Violating Terms of Farm Winery License

    Primary

    N

    25-341

    Violating Ward 4 Moratorium

    Primary

    Y

    25-342

    Violating Ward 7 Special Restrictions

    Primary

    Y

    25-343

    Violating Ward 8 Special Restrictions

    Primary

    Y

    25-344

    Violating Mt. Pleasant Special Restrictions

    Primary

    Y

    25-345

    Violating Ward 2 Restrictions

    Primary

    Y

    25-346

    Violating Ward 6 Restrictions

    Primary

    Y

     

    Section

    Description

    Violation

    Warning

    25-371

    Allowing Nude Dancing Without a License

    Primary

    N

    25-372

    Violating Restrictions on Nude Dancing Performances

    Primary

    N

    25-405

    Transfer of Ownership Without Board Approval

    Primary

    N

    25-423(d)

    Failure to Maintain Posted Notices (Placards)

    Secondary

    Y

    25-501

    Failure to Pay Annual Fee

    Primary

    Y

    25-701

    Board-Approved Manager Required

    Secondary

    Y

    25-701(b)

    Failure to Notify Board of ABC Manager’s Conviction

    Secondary

    Y - Mandatory

    25-702

    Failure to Notify Board of Employee’s Conviction

    Secondary

    Y - Mandatory

    25-711(a)

    Failure to Post and Carry Licenses

    Secondary

    Y - Mandatory

    25-711(b)

    Failure to Post Lettering on Front Windows or Door

    Secondary

    Y - Mandatory

    25-711(c)

    Failure of Temporary License Holder to Have License Available

    Secondary

    Y

    25-711(d)

    Failure of Solicitor to Carry License

    Secondary

    Y - Mandatory

    25-711(e)

    Failure of Manager to Carry License

    Secondary

    Y - Mandatory

    25-712

    Failure to Post Signs: Warning Re: Pregnancy

    Secondary

    Y - Mandatory

    25-713

    Failure to Post Signs: Legal Drinking Age/Valid ID

    Secondary

    Y - Mandatory

    25-721

    Sale and Delivery Outside of Allowed Hours for Manufacturer & Wholesaler

    Primary

    N

    25-722

    Sale and Delivery Outside of Allowed Hours - Off Premises Licensees

    Primary

    N

    25-723(b)

    Sale and Delivery Outside of Allowed Hours - On-Premises Licensees

    Primary

    N

    25-723(d)

    Daylight Savings Time Operation Without Notice

    Secondary

    Y

    25-724

    Operating After Board Restricted Hours

    Primary

    N

    25-725

    Noise from Licensed Establishment

    Secondary

    N

    25-726

    Control of Litter, Trash, Garbage, and Proper Disposal of Refuse, Including Cooking Oils

    Secondary

    Y

    25-731

    Credit and Delinquency

    Secondary

    Y

    25-733

    Delivery and Payment Records and Reports

    Secondary

    Y

    25-734

    Sale by Retailer on Credit

    Secondary

    Y - Mandatory

    25-735

    Gifts and Loans from Manufacturer

    Primary

    Y

    25-736

    Gifts and Loans from Wholesaler

    Primary

    Y

    25-741(a)

    Providing Go-Cups at A & B Licensed Establishments

    Secondary

    Y

    25-741(b)

    Serving Back-up Drinks to Customers

    Secondary

    Y

    25-742

    Solicitation of Drinks by Employee

    Secondary

    Y

    25-743

    Tie-in Purchases Prohibited

    Primary

    Y

    25-751

    Limitations on Container Size

    Secondary

    Y

    25-752

    Containers to be Labeled

    Secondary

    Y

     

    Section

    Description

    Violation

    Warning

    25-753

    Keg Registration Required

    Primary

    N

    25-754

    Violating Beverage Storage Restrictions

    Primary

    Y

    25-761

    Structural Requirements

    Secondary

    Y

    25-762(b)(1)

    Failure to Obtain Approval to Increase Occupancy or the Use of Interior Space

    Primary

    Y

    25-762(b)(2)

    Failure to Obtain Approval to Expand Exterior Public or Private Space Including Summer Gardens or Sidewalk Cafes

    Primary

    Y

    25-762(b)(3)

    Failure to Obtain Approval to Expand to Another Floor, Roof, or Deck

    Primary

    Y

    25-762(b)(4)

    Failure to Obtain Approval to Provide For or Expand Entertainment Area

    Secondary

    Y

    25-762(b)(5)

    Failure to Obtain Approval to Diminish or Expand Dining or Food Prep Area

    Secondary

    Y

    25-762(b)(6)

    Failure to Obtain Approval to Provide Permanent Space for Dancing

    Primary

    Y

    25-762(b)(7)

    Failure to Obtain Approval to Change Exterior Design

    Secondary

    Y

    25-762(b)(8)

    Failure to Obtain Approval to Provide Music or Entertainment if None Previously.

    Primary

    N

    25-762(b)(9)

    Failure to Obtain Approval to Change from Recorded to Live Music or Live Entertainment or Change the Kind of Music or Entertainment Provided

    Secondary

    Y - Mandatory

    25-762 (b)(10)

    Failure to Obtain Approval to Change Entertainment to Include Nude Performances

    Primary

    N

    25-762(b)(11)

    Failure to Obtain Approval to Change From Full Menu to Snack Menu

    Secondary

    Y - Mandatory

    25-762(b)(12)

    Failure to Obtain Approval to Change On-Premises to Carry-out

    Primary

    Y

    25-762(b)(12)

    Failure to Obtain Approval to Change On-Premises to Add Carry Out

    Secondary

    Y

    25-762(b)(13)

    Failure to Obtain Approval to Extend Hours of Operation

    Primary

    N

    25-762(b)(14)

    Failure to Obtain Approval to Provide New Mechanical or Electronic Entertainment

    Secondary

    Y

    25-762(b)(15)

    Failure to Obtain Approval to Change Trade Name or Corp Name With Ownership Change

    Secondary

    Y - Mandatory

    25-762(b)(16)

    Failure to Obtain Approval to Change Booth Size

    Secondary

    Y - Mandatory

    25-762(b)(17)

    Failure to Obtain Approval to Reduce Number of Toilet Facilities

    Secondary

    Y - Mandatory

     

     

    Section

    Description

    Violation

    Warning

    25-762(b)(18)

    Failure to Obtain Approval to Increase Number of Vessels Under On-Premises

    Primary

    N

    25-763

    Restrictions on Use of Signs

    Secondary

    Y - Mandatory

    25-764

    Advertisements Related to Alcohol

    Secondary

    Y - Mandatory

    25-765

    Advertisements on Windows and Doors

    Secondary

    Y - Mandatory

    25-766

    Prohibited Statements

    Secondary

    Y

    25-771

    Reporting by Manufacturers

    Secondary

    Y

    25-772

    Unlawful Importation of Beverages

    Primary

    Y

    25-781

    Sale to Minors or Intoxicated Persons - Egregious

    Primary

    Y

    25-781

    Sale to Minors or Intoxicated Persons - Non-egregious

    Primary

    Y - Mandatory

    25-782(a)

    Restrictions on Minors Entrance into Class A

    Primary

    Y

    25-782(d)

    Denying Admittance to Someone of Legal Drinking Age

    Secondary

    Y

    25-783(a)

    Sale to Someone Who Fails to Produce a Valid ID

    Primary

    Y

    25-783(b)

    Failure to Take Reasonable Steps to Ascertain Legal Age

    Primary

    Y

    25-784(a)

    Prohibit Persons Under 21 From Sell, Give, Furnish or Distribute, Except as Provided in 25-784(b)

    Secondary

    Y

    25-784(b)

    18-20 Person May Sell, Serve or Deliver, But May Not Bartend

    Secondary

    Y

    25-791(a)

    Failure to Surrender License Into Safekeeping

    Secondary

    Y – Mandatory

    25-797(a)

    Failure to Control Licensed Establishment

    Primary

    N

    25-797(b)

    Allowing Third Party or Promoter to Provide Security

    Primary

    N

    25-802 

    Failure to Allow Examination of Premises, Books and Records

    Primary

    N

    25-823(1)

    Violation of Any Law Outside of Title 25 of the District of Columbia Code or Title 23 of the District of Columbia Municipal Regulations

    Primary

    Y

    25-823(2)

    Allowing Establishment to be Used for an Unlawful or Disorderly Purpose

    Primary

    N

    25-823(3)

    Failure by Owner or ABC Manager to Superintend Licensed Business

    Secondary

    N

    25-823(4)

    Allowing Employees or Agents to Engage in Prostitution, Sexual Acts, or Sexual Contact

    Primary

    N

    25-823(5)

    Failure to Allow/Delays ABRA or MPD to Inspect Premises or Books and Records, or Otherwise Interferes  With an Investigation

    Primary

    N

    25-823(6)

    Failure to Follow Settlement Agreement

    Secondary

    Y

    25-823(6)

    Failure to Follow Security Plan

    Primary

    Y

     

    Section

    Description

    Violation

    Warning

    25-823(6)

    Failure to Follow a Board Order

    Primary

    N

    25-828(c)

    Licensee Defaces Notice of Suspension Placard

    Secondary

    N

    25-830(i)

    Selling or Serving Alcohol on a Suspended or Expired License or License Held in Safekeeping

    Primary

    N

    25-830(j)

    Failure to Comply with Either of the Food Requirements

    Primary

    Y

    23 DCMR  205.2 

    Failure to Obtain Storage Permit

    Secondary

    Y

    23 DCMR 206.2

    Retailer's Class DR or DT With Common Dining Area Fails to Sell Alcoholic Beverages in Containers Identifiable With Business

    Secondary

    Y

    23 DCMR  206.4

    Off-premise Retailer Class A or Class B failed to Inform Board in Application of Table Use

    Secondary

    Y - Mandatory

    23 DCMR 208.19

    Submission of Knowingly False or Misleading Affidavit

    Primary

    N

    23 DCMR 600.1

    Change Trade Name without Board Approval

    Secondary

    Y - Mandatory

    23 DCMR 600.1

    Change Corporate Name Without Board Approval

    Secondary

    Y - Mandatory

    23 DCMR 600.3

    Area Identified by Trade Name Inaccessible to Patrons

    Secondary

    Y

    23 DCMR 601

    Failure to Notify Board of Change in Ownership, Corporate Officers, or Partners

    Secondary

    Y

    23 DCMR 702.3

    Private Club Open to Public

    Primary

    Y

    23 DCMR 705.9

    Retailer's Class C, D, F, G, or Caterer Permits the Consumption of Alcoholic Beverages After Hours

    Primary

    N

    23 DCMR 706

    Remaining Open Without Securing Beverages or Having an ABC Manager or Owner Present

    Secondary

    N

    23-707.1

    Licensee or Board Approved Manager on Licensed Premises During Hours of Sale, Service or Consumption

    Secondary

    N

    23 DCMR  710.2

    Minimum Charge Greater Than Value of Food or Beverage

    Secondary

    Y - Mandatory

    23 DCMR 710.4

    Failure to Post Sign Indicating Minimum Charge

    Secondary

    Y - Mandatory

    23 DCMR 712

    Hosting a Pub Crawl Without Board Approval or in a Manner Other Than as Approved by the Board

    Primary

    Y

    23 DCMR 717.1

    Permitting Alcoholic Beverages Brought by Consumer to be Removed From Premises

    Secondary

    Y

     

     

    Section

    Description

    Violation

    Warning

    23 DCMR 717.2

    Corking Fee

    Secondary

    Y

    23 DCMR 719.1

    Sign re: Drinking and Driving

    Secondary

    Y - Mandatory

    23 DCMR 900

    Primary American Source of Supply

    Primary

    Y

    23 DCMR 901

    Beer Labeling

    Secondary

    Y

    23 DCMR 902

    Open Container or Package in Vehicle

    Primary

    N

    23 DCMR 905

    Discriminatory Admittance Requirements

    Secondary

    Y

    23 DCMR 1002

    Cover Charge Without Entertainment Endorsement

    Secondary

    Y

    23 DCMR 1204

    Failure to Keep and Maintain Delivery Slips

    Primary

    Y

    23 DCMR 1206

    Failure of Manufacturer Class A to Submit Monthly Report

    Secondary

    Y - Mandatory

    23 DCMR 1207.1

    Failure to File Quarterly Statements

    Secondary

    Y - Mandatory

    23 DCMR 1207.5

    Failure to File Annual Reports

    Secondary

    Y

    23 DCMR 1208

    Failure of the Licensee to Keep or Maintain its Books, Records, or Invoices.

    Primary

    Y

    23 DCMR 1303

    Failure to Properly Transport Alcoholic Beverages in a Vehicle

    Secondary

    Y

    23 DCMR 2000.1

    The Selling, Delivering, or Serving of Alcoholic Beverages at a Catered Event Where Snack Items Are the Only Food Products Served by the Caterer

    Primary

    N

    23 DCMR 2000.2

    Caterer or Designated Manager on Premises of Event

    Secondary

    Y

    23 DCMR 2000.3

    Submission of False or Misleading Affidavit

    Primary

    N

    23 DCMR 2002.1

    Purchase of Alcoholic Beverages by Caterers

    Secondary

    Y

    23 DCMR 2002.2

    Failure to Maintain Caterer Records

    Primary

    N

    23 DCMR 2003.1

    Improper Storage of Alcoholic Beverages by Caterer

    Primary

    Y

    23 DCMR 2004.1

    Importation and Transportation of Alcoholic Beverages by Caterer

    Primary

    Y

    23 DCMR 2004.2

    Removal of Unsealed Container by Caterer

    Secondary

    Y

    23 DCMR 2004.3

    Storage of Unopened Alcoholic Beverage by Caterer

    Primary

    Y

    23 DCMR 2005.1

    Caterer: No ABC Manager Present

    Secondary

    N

     

    Section

    Description

    Violation

    Warning

    23 DCMR 2005.2

    Caterer: No License Available for Public Inspection

    Secondary

    Y

    23 DCMR 2006.1

    Failure to File Caterer Report

    Secondary

    Y - Mandatory

    23 DCMR 2006.2

    Caterer: False or Misleading Information in Report

    Primary

    N

    23 DCMR 2006.5

    Caterer: Failure to Timely File Report

    Secondary

    Y - Mandatory

     

     

    800.1               The penalties contained under this section shall become effective 5 days after publication in the District of Columbia Register. 

     

    800.2               None of the descriptions contained in Subsection 800.2 shall be construed to expand, limit, or define any specific violation.

     

    800.3               Whether violations are classified as primary tier or secondary tier shall be determined with reference to the ABRA civil penalty schedule in effect when the violation was committed.

     

    Section 801, PRIMARY TIER VIOLATIONS, of Chapter 8, ENFORCEMENT, INFRACTIONS, AND PENALTIES, of Title 23, ALCOHOLIC BEVERAGES, of the DCMR is amended to read as follows:

     

    801.                 PRIMARY TIER VIOLATIONS.

     

    801.1               The Board may fine a licensee for a primary tier violation at a show cause hearing scheduled pursuant to the notice requirements set forth in § 1604 as follows:

     

    (a)        For the first primary tier violation, the fine shall be $ 1000-$ 2000.

     

    (b)        For the second primary tier violation within two years, the fine shall be $ 2,000-$ 4,000.

     

    (c)        For the third primary tier violation in three years, the fine shall be $ 4,000-$ 6,000.

     

    (d)       For the fourth primary tier violation in four years, the ABC license shall be revoked or fined no less than $30,000 and suspended for 30 consecutive days.

     

    (e)        For the fifth primary tier violation in four years, the ABC license shall be revoked.

     

    Section 803, CITATIONS FOR PRIMARY TIER VIOLATIONS, of Chapter 8, ENFORCEMENT, INFRACTIONS, AND PENALTIES, of Title 23, ALCOHOLIC BEVERAGES, of the DCMR is amended to read as follows:

     

    803.                 CITATIONS FOR PRIMARY TIER VIOLATIONS.

     

    803.1               ABRA investigators or Metropolitan Police Department Officers (“MPD Officer”) shall issue citations, pursuant to D. C. Official Code § 25-801(b), for primary tier violations as follows:

     

    (a)        For the first primary tier violation, the fine shall be $ 1000.

     

    (b)        For the second primary tier violation within two years, the fine shall be $ 2,000.

     

    (c)        For the third primary tier violation in three years, the fine shall be $ 4,000.

     

    (d)       For the fourth or fifth primary tier violation in four years, the violation shall be referred to the Board for a show cause hearing pursuant to § 1604.

     

    Section 805, WARNINGS, of Chapter 8, ENFORCEMENT, INFRACTIONS, AND PENALTIES, of Title 23, ALCOHOLIC BEVERAGES, of the DCMR is amended to read as follows:

     

    805.                 WARNINGS.

     

    805.1               An ABRA investigator or MPD Officer is not precluded from issuing an     administrative written warning before the issuance of a citation for a violation as permitted by § 800 of this title.

     

    805.2               In not less than ten (10) business days following the issuance of an administrative written warning, an ABRA investigator shall conduct a subsequent inspection of the licensed premises to ensure that the licensee has taken corrective action for the violation found for which the administrative written warning was issued.  If corrections to violations that resulted in the issuance of the administrative written warning are not completed at the time of the subsequent inspection, the ABRA investigator shall issue the licensee a citation or refer the matter to the ABC Board if (1) the licensee observes other violations that are not entitled to a warning or (2) the licensee already has three or more secondary tier violations.

     

    805.3               A licensee entitled to a mandatory administrative written warning for a first violation shall not be entitled to a mandatory administrative written warning for a second or subsequent violation of the same offense.  There shall be no expiration period on this subsection’s prohibition against issuing a mandatory administrative written warning for a subsequent violation of the same offense.

     

     

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Rules:
23-800
23-801
23-803
23-805