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Current through October 23, 2012
(a) The Chief of Police may request the suspension or revocation of a license if the Chief of Police determines that there is a correlation between increased incidents of crime within 1,000 feet of the establishment and the operation of the establishment. The determination shall be based on objective criteria, including incident reports, arrests, and reported crime, occurring within the preceding 18 months and within 1,000 feet of the establishment.
(b) The Chief of Police may close an establishment for up to 96 hours, subject to a hearing and disposition by the Board under § 25-826 if he or she finds that:
(1) There is an additional imminent danger to the health and welfare of the public by not doing so; and
(2) There is no immediately available measure to ameliorate the finding in paragraph (1) of this subsection.
(c) The order of the Chief of Police to close an establishment under subsection (b) of this section shall terminate upon the disposition by the Board of the matter under § 25-826.
(d) The Chief of Police may, without a hearing, summarily revoke, suspend, or restrict a licensee's privilege to extended hours of operation under subsection § 25-723(c), (d), and (e) if the licensee's operation presents a demonstrated danger to the health, safety, or welfare of the public. A licensee may seek review of the summary revocation, suspension, or restriction pursuant to § 25-826(c) and (d).
(Jan. 24, 1934, 48 Stat. 330, ch. 4, § 17; Aug. 27, 1935, 49 Stat. 900, ch. 756, § 9; Aug. 25, 1937, 50 Stat. 803, ch. 766, § 3; Apr. 26, 1950, 64 Stat. 88, ch. 106; Dec. 8, 1970, 84 Stat. 1393, Pub. L. 91-535, § 3(a); Sept. 29, 1982, D.C. Law 4-157, §§ 9, 15, 29 DCR 3617; Mar. 8, 1984, D.C. Law 5- 51, § 2(b)(5), 30 DCR 5927; Mar. 7, 1987, D.C. Law 6-217, § 11; 34 DCR 907; Sept. 11, 1993, D.C. Law 10-12, § 2(b), 40 DCR 4020; May 24, 1994, D.C. Law 10-122, § 2(h), 41 DCR 1658; Apr. 30, 1998, D.C. Law 12-97, § 2, 45 DCR 1517; May 3, 2001, D.C. Law 13-298, § 101, 48 DCR 2959; Sept. 23, 2005, D.C. Law 16-20, § 2(b), 52 DCR 6575; Sept. 20, 2012, D.C. Law 19-168, § 2042(b), 59 DCR 8025.)
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 § 25-118(f)(2), (3). For notes from former § 25-118, see § 25-821.
Prior Codifications
1981 Ed., § 25-827.
1973 Ed., § 25-118.
Effect of Amendments
D.C. Law 16-20, rewrote subsec. (b) and added subsec. (c). Prior to amendment, subsec. (b) read as follows:
"(b) The Chief of Police may close an establishment for the remainder of the business day if he or she believes that continued operation presents an imminent danger to the health, safety, or welfare of the public.".
D.C. Law 19-168 added subsec. (d).
Emergency Act Amendments
For temporary (90 day) amendment of section, see § 2(c) of Inaugural Celebration Extension of Hours Public Safety Emergency Act of 2008 (D.C. Act 17-616, December 19, 2008, 56 DCR 44).
Legislative History of Laws
For D.C. Law 13-298, see notes following § 25-101.
For Law 16-20, see notes following § 25-798.
For history of Law 19-168, see notes under § 25-110.
