522459 Creating a new section 807 of Title 23 of the DCMR to clarify what constitutes an “egregious” first-time sale to minor violation.

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) (2009 Supp.) and § 25-830(e) (2001) hereby gives notice of the following final 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 final rules were adopted by the Board on June 30, 2010.  The text of the final rules is substantively identical to the text of the notice published in the D.C. Register on January 29, 2010, at 57 DCR 1112.  

 

Pursuant to D.C. Official Code § 25-211(b) (2009 Supp.), the proposed rules were transmitted to the Council of the District of Columbia (Council) for a ninety (90) day period of Council review on April 28, 2010.  These proposed rules were approved by Council Resolution 18-488, the “Egregious First-Time Sale to Minor Violation Clarification Regulations Approval Resolution of 2010”, adopted by the Council at its June 1, 2010, legislative meeting. These final rules will become effective five (5) days after being published in the D.C. Register.

 

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.”