530704 Creating a new section 719 to require the holder of a retailer’s license to post warning signs addressing the dangers of drinking and driving and alcohol consumption during pregnancy, and the current legal drinking age and the duty to produce ...

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 719 of Title 23 of the DCMR to require the holder of a retailer’s license to post in a conspicuous place, a warning sign that covers: (1) the dangers of drinking and driving, (2) the dangers of alcohol consumption during pregnancy, and (3) the current legal drinking age and a patron’s obligation to produce a valid identification document displaying proof of legal drinking age.

 

The final rules were adopted by the Board on July 28, 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 1111.      

 

Pursuant to D.C. Official Code § 25-211(b)(2) (2009 Supp.), these proposed rules were transmitted to the Council of the District of Columbia (Council), for a ninety (90) day period of Council review on May 13, 2010.  These proposed rules were approved by Council Resolution 18-540, the “Drinking and Driving Warning Sign Regulation Approval Resolution of 2010”, adopted by the Council at its July 13, 2010, legislative meeting.  These final rules will become effective five (5) days after being published in the D.C. Register.  

 

Title 23 DCMR, Chapter 7, “General Operating Requirements,” is amended by adding a new section 719 to read as follows:

 

719                     POSTING OF WARNING SIGN

 

719.1                              The holder of a retailer’s license shall post in a conspicuous place, a warning sign which covers: (1) the dangers of drinking and driving, (2) the dangers of alcohol consumption during pregnancy, and (3) the current legal drinking age and a patron’s obligation to produce a valid identification document displaying proof of legal drinking age.  The warning sign shall indicate that Driving While Intoxicated or Under the Influence is illegal in the District of Columbia.

           

719.2               The Board shall prepare the signs and make them available at no charge to

                        licensees.

 

719.3              Each day of noncompliance shall constitute a secondary tier violation.