(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.
(a) The licensee under an off-premises retailer's license, class A, shall not permit a person under 18 years of age to enter the licensed establishment between the hours of 8 a.m. and 3 p.m. on any day in which the public schools of the District are in session during the regular school year.
(b) It shall be an affirmative defense to a charge of violating subsection (a) of this section that the licensee or a licensee's employee was shown a valid identification document indicating that the minor was 18 years of age or older, which document the licensee or the licensee's employee reasonably believed to be valid, and that the licensee or the licensee's employee reasonably believed that the person was 18 years of age or older or was not truant or unlawfully absent from school.
(c) Subsection (a) of this section shall not apply to a licensee under a retailer's license, class A, for a supermarket if its primary business and purpose is the sale of a full range of fresh, canned, and frozen food items, and if the sale of alcoholic beverages is incidental to the primary purpose and constitutes no more than 25% of total volume of gross receipts on an annual basis.
(d) Except as otherwise permitted, a licensee shall not deny admittance to a person displaying a valid identification document displaying proof of legal drinking age.
(e) The provisions of this section notwithstanding, a licensee not shall discriminate on any basis prohibited by Unit A of Chapter 14 of Title 2.
(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.)
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(b-1), (c). For notes from former § 25-121, see § 25-781.
Prior Codifications
1981 Ed., § 25-782.
1973 Ed., § 25-121.
Legislative History of Laws
For D.C. Law 13-298, see notes following § 25-101.
(a) A licensee shall refuse to sell, serve, or deliver an alcoholic beverage to any person who, upon request of the licensee, fails to produce a valid identification document.
(b) A licensee or his agent or employee shall take steps reasonably necessary to ascertain whether any person to whom the licensee sells, delivers, or serves an alcoholic beverage is of legal drinking age. Any person who supplies a valid identification document showing his or her age to be the legal drinking age shall be deemed to be of legal drinking age.
(c) Upon finding that a licensee has violated subsection (a) or (b) of this section in the preceding 2 years:
(1) Upon the first violation, the Board shall fine the licensee not less than $1,000, and not more than $2,000, and suspend the licensee for 5 consecutive days. The 5-day suspension may be stayed by the Board for one year if all employees who serve alcoholic beverages in the licensed establishment complete an alcohol training program within 3 months.
(2) Upon the second violation, the Board shall fine the licensee not less than $2,000, and not more than $4,000, and suspend the licensee for 10 consecutive days. The Board may stay up to 6 days of the 10-day suspension for one year if all employees who serve alcoholic beverages in the licensed establishment complete an alcohol training program within 3 months.
(3) Upon the third violation, the Board shall fine the licensee not less than $4,000, and not more than $10,000, and suspend the licensee for 15 consecutive days, or revoke the license. The Board may stay up to 5 days of the 15-day suspension for one year if all employees who serve alcoholic beverages in the licensed establishment complete an alcohol training program within 3 months.
(4) Upon the fourth violation, the Board may revoke the license.
(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.
(d) The provisions of this section notwithstanding, no licensee shall discriminate on any basis prohibited by Unit A of Chapter 14 of Title 2.
(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.)
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(c), (d)(1), (f), (g)(1). For notes from former § 25-121, see § 25-781.
Prior Codifications
1981 Ed., § 25-783.
1973 Ed., § 25-121.
Legislative History of Laws
For D.C. Law 13-298, see notes following § 25-101.
(a) Except as provided in subsection (b) of this section, a licensee shall not allow any person under 21 years of age to sell, give, furnish, or distribute an alcoholic beverage.
(b) A licensee may allow an employee who is 18 years of age or older to sell, serve, or deliver an alcoholic beverage on the licensed premises; provided, that no employee under 21 years of age shall serve as a bartender.
(Jan. 24, 1934, 48 Stat. 331, ch. 4, §§ 20, 25; Aug. 27, 1935, 49 Stat. 901, ch. 756, §§ 10, 12; June 29, 1953, 67 Stat. 104, ch. 159, § 404(g); Dec. 8, 1970, 84 Stat. 1393, Pub. L. 91-535, § 3(b); 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), (b), 33 DCR 7654; Mar. 7, 1987, D.C. Law 6-217, §§ 12, 13, 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.)
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(j) and 25-125. For notes from former § 25-121, see § 25-781.
Prior Codifications
1981 Ed., § 25-784.
1973 Ed., § 25-121.
Legislative History of Laws
For D.C. Law 13-298, see notes following § 25-101.
For legislative history of D.C. Law 6-178, see Historical and Statutory Notes following § 25-781.
For legislative history of D.C. Law 6-217, see Historical and Statutory Notes following § 25-101.
(a) A person who is not a licensee shall not, within the District, purchase an alcoholic beverage for the purpose of delivering the alcoholic beverage to a person who is under 21 years of age.
(b) A person who is a licensee shall not, within the District, offer, give, provide, or otherwise make available an alcoholic beverage to a person who is under 21 years of age, except if necessary to allow the person to perform lawful employment responsibilities that require the person to have temporary possession of alcoholic beverages.
(c) A person who violates any provision of this section shall:
(1) Upon conviction for the first offense, be fined not more then $1,000, or imprisoned up to 180 days, or both;
(2) Upon conviction for the second offense committed within 2 years from the date of any such previous offense, be fined not more than $2,500, or imprisoned up to 180 days, or both;
(3) Upon conviction for the third or any subsequent offense committed within 2 years from the date of any such previous offense, be fined not more than $5,000, or imprisoned up to one year, or both.
(d) 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.
(Jan. 24, 1934, ch. 4, § 30a, as added May 24, 1994, D.C. Law 10-122, § 2(k), 41 DCR 1658; May 3, 2001, D.C. Law 13-298, § 101, 48 DCR 2959.)
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 § 25-130.1.
Prior Codifications
1981 Ed., § 25-785.
Legislative History of Laws
For D.C. Law 13-298, see notes following § 25-101.
Law 10-122, the "Alcoholic Beverage Control Act and Rules Reform Amendment Act of 1994," was introduced in Council and assigned Bill No. 10-207, which was referred to the Committee on Consumer and Regulatory Affairs. The Bill was adopted on first and second readings on February 1, 1994, and March 1, 1994, respectively. Signed by the Mayor on March 21, 1994, it was assigned Act No. 10-214 and transmitted to both Houses of Congress for its review. D.C. Law 10- 122 became effective on May 24, 1994.
