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Current through October 23, 2012
(a) The sale or delivery of alcoholic beverages to the following persons is prohibited:
(1) A person under 21 years of age, either for the person's own use or for the use of any other person, except as provided in § 25-784(b);
(2) An intoxicated person, or any person who appears to be intoxicated; or
(3) A person of notoriously intemperate habits.
(b) A retail licensee shall not permit at the licensed establishment the consumption of an alcoholic beverage by any of the following persons:
(1) A person under 21 years of age;
(2) An intoxicated person, or any person who appears to be intoxicated; or
(3) A person of notoriously intemperate habits.
(c) A licensee or other person shall not, at a licensed establishment, give, serve, deliver, or in any manner dispense an alcoholic beverage to a person under 21 years of age, except as provided in § 25-784(b).
(d) A licensee shall not be liable to any person for damages claimed to arise from refusal to sell an alcoholic beverage or refusal to permit the consumption of an alcoholic beverage in its establishment under the authority of this section.
(e) A person alleged to have violated this section may be issued a citation under § 23-1110(b)(1). The person shall not be eligible to forfeit collateral.
(f) Upon finding that a licensee has violated subsections (a), (b), or (c) of this section in the preceding 2 years:
(1) Upon the 1st violation, the Board shall fine the licensee not less than $2,000, and not more than $3,000, and suspend the licensee for 5 consecutive days; provided, that the 5-day suspension may be stayed by the Board for one year;
(2) Upon the 2nd violation, the Board shall fine the licensee not less than $3,000, and not more than $5,000, and suspend the licensee for 10 consecutive days; provided, that the Board may stay up to 6 days of the 10-day suspension for one year;
(3) Upon the 3rd violation, the Board shall fine the licensee not less than $5,000, and not more than $10,000, and suspend the licensee for 15 consecutive days, or revoke the license; provided, that the Board may stay up to 5 days of the 15-day suspension for one year;
(4) Upon the 4th violation, the Board may revoke the license; and
(5) The Board may revoke the license of a licensed establishment that has 5 or more violations of this section within a 5-year period.
(Jan. 24, 1934, 48 Stat. 331, ch. 4, § 20; Aug. 27, 1935, 49 Stat. 901, ch. 756, § 10; June 29, 1953, 67 Stat. 104, ch. 159, § 404(g); Sept. 29, 1982, D.C. Law 4-157, § 12, 29 DCR 3617; Sept. 26, 1984, D.C. Law 5-106, § 2, 31 DCR 3381; Feb. 24, 1987, D.C. Law 6-178, § 2(a), 33 DCR 7654; Mar. 7, 1987, D.C. Law 6-217, § 12, 34 DCR 907; Sept. 11, 1993, D.C. Law 10-12, § 2(c), 40 DCR 4020; May 24, 1994, D.C. Law 10-122, § 2(i), 41 DCR 1658; May 3, 2001, D.C. Law 13-298, § 101, 48 DCR 2959; Oct. 1, 2002, D.C. Law 14-190, § 1702(k), 49 DCR 6968; Mar. 25, 2009, D.C. Law 17-361, § 2(c)(5), 56 DCR 1204.)
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 § 25-121(a), (b).
Prior Codifications
1981 Ed., § 25-781.
1973 Ed., § 25-121.
Effect of Amendments
D.C. Law 14-190 added subsec. (e).
D.C. Law 17-361 added subsec. (f).
Emergency Act Amendments
For temporary amendment of section, see § 2(c) of the Underage Drinking Emergency Amendment Act of 1994 (D.C. Act 10-236, April 28, 1994, 41 DCR 2601).
For temporary (90 day) amendment of section, see § 1702(k) of Fiscal Year 2003 Budget Support Emergency Act of 2002 (D.C. Act 14-453, July 23, 2002, 49 DCR 8026).
Legislative History of Laws
For D.C. Law 13-298, see notes following § 25-101.
For legislative history of D.C. Law 4-157, see Historical and Statutory Notes following § 25-101.
Law 5-106, the "Alcoholic Beverage Anti-Discrimination Act of 1984," was introduced in Council and assigned Bill No. 5-129, which was referred to the Committee on Consumer and Regulatory Affairs. The Bill was adopted on first and second readings on May 29, 1984, and June 12, 1984, respectively. Signed by the Mayor on June 29, 1984, it was assigned Act No. 5-148 and transmitted to both Houses of Congress for its review.
Law 6-178, the "District of Columbia Alcoholic Beverage Control Act Legal Drinking Age Amendment Act of 1986," was introduced in Council and assigned Bill No. 6-508, which was referred to the Committee on Consumer and Regulatory Affairs. The Bill was adopted on first and second readings on November 5, 1986 and November 18, 1986, respectively. Signed by the Mayor on November 25, 1986, it was assigned Act No. 6-229 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.
For legislative history of D.C. Law 10-12, see Historical and Statutory Notes following § 25-753.
For legislative history of D.C. Law 10-122, see Historical and Statutory Notes following § 25-785.
For Law 14-190, see notes following § 25-101.
For Law 17-361, see notes following § 25-113.
