-
Current through October 23, 2012
(a) Before issuing, transferring to a new owner, or renewing a license, the Board shall determine that the applicant meets all of the following criteria:
(1) The applicant is of good character and generally fit for the responsibilities of licensure.
(2) The applicant is at least 21 years of age.
(3) The applicant has not been convicted of any felony in the 10 years before filing the application.
(4) The applicant has not been convicted of any misdemeanor bearing on fitness for licensure in the 5 years before filing the application.
(5) Except in the case of an application for a solicitor's license, the applicant is the true and actual owner of the establishment for which the license is sought, and he or she intends to carry on the business for himself or herself and not as the agent of any other individual, partnership, association, limited liability company, or corporation not identified in the application.
(6) The licensed establishment will be managed by the applicant in person or by a Board-licensed manager.
(7) The applicant has complied with all the requirements of this title and regulations issued under this title.
(b) Notwithstanding § 47-2861(1)(B), the Board shall not issue a license or permit to an applicant if the applicant has failed to file required District tax returns or owes more than $ 100 in outstanding debt to the District as a result of the items specified in § 47-2862(a)(1) through (9), subject to the exceptions specified in § 47-2862(b).
(c) To determine whether an applicant for a new retailer or wholesaler license meets the criteria of subsection (a)(3) and (4) of this section, the Board may obtain criminal history records of criminal convictions maintained by the Federal Bureau of Investigation and the Metropolitan Police Department. The Board shall:
(1) Inform the applicant that a criminal background check will be conducted;
(2) Obtain written approval from the applicant to conduct a criminal background check;
(3) Coordinate with the Metropolitan Police Department to obtain a set of qualified fingerprints from the applicant; and
(4) Obtain any additional identifying information from the applicant that is required for the Metropolitan Police Department and the Federal Bureau of Investigation to complete a criminal background check.
(d) The Board shall coordinate with the Metropolitan Police Department to adopt procedures necessary to facilitate this objective.
(e) The fingerprint card shall not be maintained by the Board or by the Metropolitan Police Department and shall be returned to the applicant after the completion of the criminal background check.
(f) Once notified, the Board shall seal, set aside, expunge, and otherwise maintain any record received pursuant to this section so that the record is in compliance with any order issued by the Superior Court of the District of Columbia pursuant to a sealing, set aside, or expungement statute, including Chapter 8 of Title 16 and Chapter 9 of Title 24. Once notified, the Board shall also seal, set aside, expunge, and otherwise maintain any record received pursuant to this section so that the record is in compliance with any court order or official government request or statement from the jurisdiction that is the source of that record.
(g) The Board shall maintain the confidentiality of any information returned from the Metropolitan Police Department and the Federal Bureau of Investigation and use such information only for the purpose of determining whether the applicant satisfies the criteria set forth in subsection (a)(3) and (4) of this section.
(Jan. 24, 1934, 48 Stat. 327, ch. 4, § 14; Aug. 25, 1937, 50 Stat. 802, 803, ch. 766, §§ 1, 2; June 15, 1938, 52 Stat. 691, ch. 396, § 3; June 29, 1953, 67 Stat. 103, ch. 159, § 404(e), (f); Aug. 2, 1968, 82 Stat. 616, Pub. L. 90- 450, title IV, § 404; Mar. 5, 1981, D.C. Law 3-146, § 4, 27 DCR 4753; Sept. 29, 1982, D.C. Law 4-157, §§ 8, 15, 29 DCR 3617; Mar. 8, 1984, D.C. Law 5-51, § 2(b)(4), (c), 30 DCR 5927; June 29, 1984, D.C. Law 5- 97, § 2, 31 DCR 2556; Mar. 7, 1987, D.C. Law 6-217, § 9, 34 DCR 907; June 5, 1987, D.C. Law 7-7, § 2, 34 DCR 2640; Oct. 3, 1992, D.C. Law 9-174, § 2(b), (c), 39 DCR 5859; May 24, 1994, D.C. Law 10-122, § 2(f), 41 DCR 1658; Apr. 20, 1999, D.C. Law 12-261, § 2003(q)(2), 46 DCR 3142; Oct. 20, 1999, D.C. Law 13-39, § 2, 46 DCR 6548; May 3, 2001, D.C. Law 13-298, § 101, 48 DCR 2959; Mar. 2, 2007, D.C. Law 16-192, § 1012(a), 53 DCR 6899; Mar. 25, 2009, D.C. Law 17-353, § 132, 56 DCR 1117; Nov. 6, 2010, D.C. Law 18-259, § 6, 57 DCR 5591.)
HISTORICAL AND STATUTORY NOTES
D.C. Law 13-298 amended and enacted into law Title 25 of the District of Columbia Official Code. The text of this section is derived from provisions formerly found in D.C. Code § 25-115(g)(1).
Prior Codifications
1981 Ed., § 25-301.
1973 Ed., § 25-115.
Effect of Amendments
D.C. Law 16-192 designated subsec. (a); and added subsec. (b).
D.C. Law 17-353 validated a previously made technical correction in subsec. (b).
D.C. Law 18-259 added subsecs. (c), (d), (e), (f), and (g).
Emergency Act Amendments
For temporary (90 day) amendment of section, see § 1012(a) of Fiscal Year 2007 Budget Support Emergency Act of 2006 (D.C. Act 16-477, August 8, 2006, 53 DCR 7068).
For temporary (90 day) amendment of section, see § 1012(a) of Fiscal Year 2007 Budget Support Congressional Review Emergency Act of 2006 (D.C. Act 16-499, October 23, 2006, 53 DCR 8845).
For temporary (90 day) amendment of section, see § 1012(a) of Fiscal Year 2007 Budget Support Congressional Review Emergency Act of 2007 (D.C. Act 17-1, January 16, 2007, 54 DCR 1165).
Legislative History of Laws
For D.C. Law 13-298, see notes following § 25-101.
Law 3-146, the "Alcoholic Beverage Control Board Rules of Procedure Amendments of 1980," was introduced in Council and assigned Bill No. 3-165, which was referred to the Committee on Public Services and Consumer Affairs. The Bill was adopted on first, amended first and second readings on July 29, 1980, September 16, 1980 and September 30, 1980, respectively. Signed by the Mayor on October 21, 1980, it was assigned Act No. 3-267 and transmitted to both Houses of Congress for its review.
For legislative history of D.C. Law 4-157, see Historical and Statutory Notes following § 25-101.
For legislative history of D.C. Law 5-51, see Historical and Statutory Notes following § 25-206.
Law 5-97, the "Prohibition on the Sale of Alcoholic Beverages at Gasoline Stations Act of 1984," was introduced in Council and assigned Bill No. 5-70, which was referred to the Committee on Consumer and Regulatory Affairs. The Bill was adopted on first and second readings on April 10, 1984, and April 30, 1984, respectively. Signed by the Mayor on May 9, 1984, it was assigned Act No. 5-138 and transmitted to both Houses of Congress for its review.
For legislative history of D.C. Law 6-217, see Historical and Statutory Notes following § 25-101.
Law 7-7, the "District of Columbia Alcoholic Beverage Control Act Temporary Amendment Act of 1987," was introduced in Council and assigned Bill No. 7-142. The Bill was adopted on first and second readings on March 17, 1987, and March 31, 1987, respectively. Signed by the Mayor on April 15, 1987, it was assigned Act No. 7-17 and transmitted to both Houses of Congress for its review.
For legislative history of D.C. Law 9-174, see Historical and Statutory Notes following § 25-434.
For legislative history of D.C. Law 10-122, see Historical and Statutory Notes following § 25-785.
For legislative history of D.C. Law 12-261, see Historical and Statutory Notes following § 25-110.
Law 13-39, the "Alcoholic Beverage Control Act Tavern Exception Amendment Act of 1999" was introduced in Council and assigned Bill No. 13-242. The Bill was adopted on first, first amended and second readings on June 8, 1999, and July 6, 1999, respectively. Signed by the Mayor on July 14, 1999, it was assigned Act No. 13-295. D.C. Law 13-39 became effective on October 20, 1999.
Law 16-192, the "Fiscal Year Budget Support Act of 2006", was introduced in Council and assigned Bill No. 16-679, which was referred to the Committee of the Whole. The Bill was adopted on first and second readings on May 9, 2006, and June 6, 2006, respectively. Signed by the Mayor on August 8, 2006, it was assigned Act No. 16-476 and transmitted to both Houses of Congress for its review. D.C. Law 16-192 became effective on March 2, 2007.
For Law 17-353, see notes following § 25-113.
Law 18-259 , the "Community Impact Statement Amendment Act of 2010", was introduced in Council and assigned Bill No. 18-549, which was referred to the Committee on Public Safety and the Judiciary. The Bill was adopted on first and second readings on May 4, 2010, and June 1, 2010, respectively. Signed by the Mayor on June 28, 2010, it was assigned Act No. 18-446 and transmitted to both Houses of Congress for its review. D.C. Law 18-259 became effective on November 6. 2010.
