Subchapter I. Specific Licensing Provisions.


  • Current through October 23, 2012
  • (July 1, 1902, 32 Stat. 622, ch. 1352, § 7, par. 1; July 1, 1932, 47 Stat. 550, ch. 366; 1973 Ed., § 47-2301; Apr. 30, 1988, D.C. Law 7-104, § 43(a), 35 DCR 147; enacted, Apr. 9, 1997, D.C. Law 11-254, § 2, 44 DCR 1575; Apr. 29, 1998, D.C. Law 12-86, § 101(c), 45 DCR 1172.)

    HISTORICAL AND STATUTORY NOTES

    Prior Codifications

    1981 Ed., § 47-2801.

    1973 Ed., § 47-2301.

    Temporary Amendments of Section

    For temporary (225 day) amendment of section, see § 11 of Child Support and Welfare Reform Compliance Temporary Amendment Act of 1998 (D.C. Law 12-103, May 8, 1998, law notification 45 DCR 3254).

    For temporary (225 day) amendment of section, see § 12(b) of Child Support and Welfare Reform Compliance Temporary Amendment Act of 1998 (D.C. Law 12-210, April 13, 1999, law notification 46 DCR 3832).

    Emergency Act Amendments

    For temporary amendment of a previous § 47-2801, see § 12 of the Child Support and Welfare Reform Compliance Congressional Review Emergency Amendment Act of 1998 (D.C. Act 12-309, March 20, 1998, 45 DCR 1923), § 11(b) of the Child Support and Welfare Reform Compliance Second Emergency Amendment Act of 1998 (D.C. Act 12-439, August 12, 1998, 45 DCR 6110), § 11(b) of the Child Support and Welfare Reform Compliance Legislative Review Emergency Amendment Act of 1998 (D.C. Act 12-503, October 27, 1998, 45 DCR 8495) and § 11(b) of the Child Support and Welfare Reform Compliance Second Congressional Review Emergency Amendment Act of 1998 (D.C. Act 12-600, January 20, 1999, 46 DCR 1239).

    Legislative History of Laws

    Law 7-104, the "Technical Amendments Act of 1987," was introduced in Council and assigned Bill No. 7-346, which was referred to the Committee of the Whole. The Bill was adopted on first and second readings on November 24, 1987, and December 8, 1987, respectively. Signed by the Mayor on December 22, 1987, it was assigned Act No. 7-124 and transmitted to both Houses of Congress for its review.

    Miscellaneous Notes

    D.C. Law 12-261, title II, § 2003(pp)(6) (46 DCR 3142), eff. April 20, 1999, amends § 47-2805 without reference to its prior repeal by D.C. Law 12-86.

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  • (July 1, 1902, 32 Stat. 623, ch. 1352, § 7, par. 2; July 1, 1932, 47 Stat. 550; ch. 366; July 22, 1947, 61 Stat. 402, ch. 296, § 1; 1973 Ed., § 47- 2302; enacted, Apr. 9, 1997, D.C. Law 11-254, § 2, 44 DCR 1575; Apr. 29, 1998, D.C. Law 12-86, § 101(c), 45 DCR 1172.)

    HISTORICAL AND STATUTORY NOTES

    Prior Codifications

    1981 Ed., § 47-2802.

    1973 Ed., § 47-2302.

    Temporary Amendments of Section

    For temporary (225 day) amendment of section, see § 12 of Child Support and Welfare Reform Compliance Temporary Amendment Act of 1998 (D.C. Law 12-103, May 8, 1998, law notification 45 DCR 3254).

    For temporary (225 day) amendment of section, see § 12(b) of Child Support and Welfare Reform Compliance Temporary Amendment Act of 1998 (D.C. Law 12-210, April 13, 1999, law notification 46 DCR 3832).

    Emergency Act Amendments

    For temporary amendment of section, see § 107 of the Fiscal Year 1997 Budget Support Emergency Act of 1996 (D.C. Act 11-302, July 25, 1996, 43 DCR 4181), § 103 of the Fiscal Year 1997 Budget Support Emergency Amendment Act of 1996 (D.C. Act 11-429, October 29, 1996, 43 DCR 6151), and § 103 of the Fiscal Year 1997 Budget Support Congressional Adjournment Emergency Amendment Act of 1997 (D.C. Act 12-2, February 19, 1997, 44 DCR 1590).

    Legislative History of Laws

    Law 12-86, the "Omnibus Regulatory Reform Amendment Act of 1998," was introduced in Council and assigned Bill No. 12-458, which was referred to the Committee on Public Works and the Environment and the Committee on Consumer and Regulatory Affairs. The Bill was adopted on first and second readings on December 19, 1997, and January 6, 1998, respectively. Signed by the Mayor on January 21, 1998, it was assigned Act No. 12-256 and transmitted to both Houses of Congress for its review. D.C. Law 12-86 became effective on April 29, 1998.

    Delegation of Authority

    Delegation of authority pursuant to an Act Making Appropriations to provide for the expenses of the government of the District of Columbia for the fiscal year ending June thirtieth, nineteen hundred and three, and for other purposes, see Mayor's Order 98-139, August 20, 1998 (45 DCR 6591).

    Miscellaneous Notes

    Department of Inspections abolished: The Department of Inspections was abolished and the functions thereof transferred to the Board of Commissioners of the District of Columbia by Reorganization Plan No. 5 of 1952. Reorganization Order No. 55 of the Board of Commissioners, dated June 30, 1953, and amended August 13, 1953, and December 17, 1953, established under the direction and control of a Commissioner, a Department of Licenses and Inspections headed by a Director. The Order set out the purpose, organization, and functions of the new department. The Order provided that all of the functions and positions of the following named organizations were transferred to the new Department of Licenses and Inspections: The Department of Inspections including the Engineering Section, the Building Inspection Section, the Electrical Section, the Elevator Inspection Section, the Fire Safety Inspection, the Plumbing Inspection Section, the Smoke and Boiler Inspection Section, and the Administrative Section, and similarly the Department of Weights, Measures and Markets, the License Bureau, the License Board, the License Committee, the Board of Special Appeals, the Board for the Condemnation of Dangerous and Unsafe Buildings, and the Central Permit Bureau. The Order provided that in accordance with the provisions of Reorganization Plan No. 5 of 1952, the named organizations were abolished. The executive functions of the Board of Commissioners were transferred to the Commissioner of the District of Columbia by § 401 of Reorganization Plan No. 3 of 1967. Functions vested in the Department of Licenses and Inspection by Reorganization Order No. 55 were transferred to the Director of the Department of Economic Development by Commissioner's Order No. 69-96, dated March 7, 1969. The Department of Economic Development was replaced by Mayor's Order No. 78-42, dated February 17, 1978, which Order established the Department of Licenses, Investigation and Inspections.

    Office of Chief Engineer abolished: The Office of Chief Engineer of the Fire Department was abolished and all functions of that office transferred to and vested in the Fire Chief. The Deputy Chief Engineer of the Fire Department was designated "Deputy Fire Chief," and the Battalion Chief Engineer was designated "Battalion Fire Chief" by Reorganization Order No. 6, dated September 16, 1952, issued pursuant to Reorganization Plan No. 5 of 1952. Reorganization Order No. 38, dated June 18, 1953, established a Fire Department headed by the Fire Chief. The Fire Chief was given full authority over the Department to be exercised in accordance with applicable laws, rules and regulations. The Order set up the organization of the Department, and provided that the previously existing Fire Department was abolished and its functions transferred to the new Department. This Order was issued pursuant to Reorganization Plan No. 5 of 1952.

    D.C. Law 12-261, title II, § 2003(pp)(6) (46 DCR 3142), eff. April 20, 1999, amends § 47-2805 without reference to its prior repeal by D.C. Law 12-86.

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  • (July 1, 1902, 32 Stat. 623, ch. 1352, § 7, par. 3; July 1, 1932, 47 Stat. 551, ch. 366; 1973 Ed., § 47-2303; enacted, Apr. 9, 1997, D.C. Law 11-254, § 2, 44 DCR 1575; Apr. 29, 1998, D.C. Law 12-86, § 101(c), 45 DCR 1172.)

    HISTORICAL AND STATUTORY NOTES

    Prior Codifications

    1981 Ed., § 47-2803.

    1973 Ed., § 47-2303.

    Temporary Amendments of Section

    For temporary (225 day) amendment of section, see § 12 of Child Support and Welfare Reform Compliance Temporary Amendment Act of 1998 (D.C. Law 12-103, May 8, 1998, law notification 45 DCR 3254).

    For temporary (225 day) amendment of section, see § 12(b) of Child Support and Welfare Reform Compliance Temporary Amendment Act of 1998 (D.C. Law 12-210, April 13, 1999, law notification 46 DCR 3832).

    Legislative History of Laws

    For legislative history of D.C. Law 12-86, see Historical and Statutory Notes following § 47-2802.

    Miscellaneous Notes

    D.C. Law 12-103, § 12 (45 DCR 1660), eff. May 8, 1998, provides for the temporary amendment of this section subsequent to its repeal by D.C. Law 12- 86. Section 16(b) of D.C. Law 12-103 provides for expiration "after 225 days of its having taken effect."

    D.C. Law 12-210, § 11(b) (45 DCR 8459), eff. April 13, 1999, provides for the temporary amendment of § 47-2801 without reference to its repeal by D.C. Law 12-86. Section 15(b) of D.C. Law 12-210 provides for expiration "after 225 days of its having taken effect."

    D.C. Law 12-261, title II, § 2003(pp)(6) (46 DCR 3142), eff. April 20, 1999, amends § 47-2805 without reference to its prior repeal by D.C. Law 12-86.

  • Current through October 23, 2012 Back to Top
  • (July 1, 1902, 32 Stat. 623, ch. 1352, § 7, par. 2; July 1, 1932, 47 Stat. 550; ch. 366; July 22, 1947, 61 Stat. 402, ch. 296, § 1; 1973 Ed., § 47- 2302; enacted, Apr. 9, 1997, D.C. Law 11-254, § 2, 44 DCR 1575; Apr. 29, 1998, D.C. Law 12-86, § 101(c), 45 DCR 1172.)

    HISTORICAL AND STATUTORY NOTES

    Prior Codifications

    1981 Ed., § 47-2804.

    1973 Ed., § 47-2304.

    Temporary Amendments of Section

    For temporary (225 day) amendment of section, see § 12 of Child Support and Welfare Reform Compliance Temporary Amendment Act of 1998 (D.C. Law 12-103, May 8, 1998, law notification 45 DCR 3254).

    For temporary (225 day) amendment of section, see § 12(b) of Child Support and Welfare Reform Compliance Temporary Amendment Act of 1998 (D.C. Law 12-210, April 13, 1999, law notification 46 DCR 3832).

    Legislative History of Laws

    For legislative history of D.C. Law 7-104, see Historical and Statutory Notes following § 47-2801.

    For legislative history of D.C. Law 12-86, see Historical and Statutory Notes following § 47-2802.

    Miscellaneous Notes

    D.C. Law 12-103, § 12 (45 DCR 1660), eff. May 8, 1998, provides for the temporary amendment of this section subsequent to its repeal by D.C. Law 12- 86. Section 16(b) of D.C. Law 12-103 provides for expiration "after 225 days of its having taken effect."

    D.C. Law 12-210, § 11(b) (45 DCR 8459), eff. April 13, 1999, provides for the temporary amendment of § 47-2801 without reference to its repeal by D.C. Law 12-86. Section 15(b) of D.C. Law 12-210 provides for expiration "after 225 days of its having taken effect."

    D.C. Law 12-261, title II, § 2003(pp)(6) (46 DCR 3142), eff. April 20, 1999, amends § 47-2805 without reference to its prior repeal by D.C. Law 12-86.

  • Current through October 23, 2012 Back to Top
  • (July 1, 1902, 32 Stat. 623, ch. 1352, § 7, par. 2; July 1, 1932, 47 Stat. 550; ch. 366; July 22, 1947, 61 Stat. 402, ch. 296, § 1; 1973 Ed., § 47- 2302; enacted, Apr. 9, 1997, D.C. Law 11-254, § 2, 44 DCR 1575; Apr. 29, 1998, D.C. Law 12-86, § 101(c), 45 DCR 1172.)

    HISTORICAL AND STATUTORY NOTES

    Prior Codifications

    1981 Ed., § 47-2805.

    1973 Ed., § 47-2305.

    Temporary Amendments of Section

    For temporary (225 day) amendment of section, see § 12 of Child Support and Welfare Reform Compliance Temporary Amendment Act of 1998 (D.C. Law 12-103, May 8, 1998, law notification 45 DCR 3254).

    For temporary (225 day) amendment of section, see § 12(b) of Child Support and Welfare Reform Compliance Temporary Amendment Act of 1998 (D.C. Law 12-210, April 13, 1999, law notification 46 DCR 3832).

    Legislative History of Laws

    Law 2-27, the "Variable Licensing Periods Act of 1977," was introduced in Council and assigned Bill No. 2-126, which was referred to the Committee on Public Services and Consumer Affairs. The Bill was adopted on first and second readings on June 28, 1977 and July 12, 1977, respectively. Signed by the Mayor on August 1, 1977, it was assigned Act No. 2-61 and transmitted to both Houses of Congress for its review.

    Law 2-27, the "Licensing Periods Act of 1977," was introduced in Council and assigned Bill No. 2-204, which was referred to the Committee on Public Services and Consumer Affairs. The Bill was adopted on first and second readings on January 10, 1978 and January 24, 1978, respectively. Approved without the signature of the Mayor on February 9, 1978, it was assigned Act No. 2-148 and transmitted to both Houses of Congress for its review.

    For legislative history of D.C. Law 12-86, see Historical and Statutory Notes following § 47-2802.

    References in Text

    "This act", referred to in the first sentence of this section, is 32 Stat. 590, ch. 1352, approved July 1, 1902.

    Miscellaneous Notes

    D.C. Law 12-261, title II, § 2003(pp)(6) (46 DCR 3142), eff. April 20, 1999, amends § 47-2805 without reference to its prior repeal by D.C. Law 12-86.

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  • The Mayor of the District of Columbia shall fix the period for which any license authorized under this subchapter may be issued in a manner consistent with the uniform master business licensing expiration date provisions as set forth in § 47-2851.09. Licenses issued at any time after the beginning of the license period as set forth in § 47-2851.09 shall date from the first day of the month in which the license was issued and end on the last day of the license period above prescribed, and payment shall be made of the proportionate amount of the bi-annual license fee or tax; provided that where the license fee is $3 or less the fee shall not be prorated; and provided further, that no fee or tax shall be prorated to an amount less than $3.

    (Apr. 20, 1999, D.C. Law 12-261, § 2003(pp)(6), 46 DCR 3142; Apr. 12, 2000, D.C. Law 13-91, § 157(d)(1), 47 DCR 520.)

    HISTORICAL AND STATUTORY NOTES

    Prior Codifications

    1981 Ed., § 47-2805.1.

    Legislative History of Laws

    Law 12-261, the "Second Omnibus Regulatory Reform Amendment Act of 1998," was introduced in Council and assigned Bill No. 12-845, which was referred to the Committee of the Whole. The Bill was adopted on first and second readings on December 1, 1998, and December 15, 1998, respectively. Signed by the Mayor on December 31, 1998, it was assigned Act No. 12-615 and transmitted to both Houses of Congress for its review. D.C. Law 12-261 became effective on April 20, 1999.

    Law 13-91, the "Technical Amendments Act of 1999," was introduced in Council and assigned Bill No. 13-435, which was referred to the Committee of the Whole. The Bill was adopted on first and second readings on November 2, 1999, and December 7, 1999, respectively. Signed by the Mayor on December 29, 1999, it was assigned Act No. 13-234 and transmitted to both Houses of Congress for its review. D.C. Law 13-91 became effective on April 12, 2000.

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  • The social security number of each applicant for a license issued pursuant to this chapter, for membership in the bar of the District of Columbia Court of Appeals pursuant to § 11-2501, and for any recreational license issued in the District of Columbia shall be recorded on the application. If a number other than the social security number is used on the face of the license or membership document, the issuing agency or entity shall keep the applicant's social security number on file and the applicant shall be so advised.

    (Apr. 3, 2001, D.C. Law 13-269, § 112(c), 48 DCR 1270.)

    HISTORICAL AND STATUTORY NOTES

    Temporary Addition of Section

    For temporary (225 day) addition of section, see § 111(c) of Child Support and Welfare Reform Compliance Temporary Amendment Act of 2000 (D.C. Law 13-207, March 31, 2001, law notification 48 DCR 3238).

    Emergency Act Amendments

    For temporary (90 day) addition of section, see § 111(c) of the Child Support and Welfare Reform Compliance Emergency Amendment Act of 2000 (D.C. Act 13-446, November 7, 2000, 47 DCR 9213).

    For temporary (90 day) addition of section, see § 112(c) of Child Support and Welfare Reform Compliance Congressional Review Emergency Amendment Act of 2001 (D.C. Act 14-5, February 13, 2001, 48 DCR 2440).

    Legislative History of Laws

    Law 13-269, the "Child Support and Welfare Reform Compliance Amendment Act of 2000", was introduced in Council and assigned Bill No. 13-254, which was referred to the Committee on Human Services. The Bill was adopted on first and second readings on November 8, 2000, and December 5, 2000, respectively. Signed by the Mayor on January 8, 2001, it was assigned Act No. 13-559 and transmitted to both Houses of Congress for its review. D.C. Law 13-269 became effective on April 3, 2001.

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  • All licenses granted under the terms of this chapter must be conspicuously posted on the premises of the licensee and said licenses shall be accessible at all times for inspection by the police or other officers duly authorized to make such inspections. Licensees having no located place of business shall exhibit their licenses when requested to do so by any of the officers above named.

    (July 1, 1902, 32 Stat. 623, ch. 1352, § 7, par. 6; July 1, 1932, 47 Stat. 551, ch. 366; Apr. 30. 1988, D.C. Law 7-104, § 43(c), 35 DCR 147; enacted, Apr. 9, 1997, D.C. Law 11-254, § 2, 44 DCR 1575.)

    HISTORICAL AND STATUTORY NOTES

    Prior Codifications

    1981 Ed., § 47-2806.

    1973 Ed., § 47-2306.

    Legislative History of Laws

    For legislative history of D.C. Law 7-104, see Historical and Statutory Notes following § 47-2801.

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  • For the purposes of this chapter, the term "person" shall signify and include firms, corporations, companies, associations, executives, administrators, guardians, or trustees; the term "agent" shall signify and include every person acting for another; the term "merchandise" shall signify and include every article of commerce whether sold in bulk or otherwise; the term "dealers" shall signify and include every person engaged in selling or offering for sale any description of merchandise or property. Words of 1 number shall signify and include words of both numbers, respectively, and words of 1 gender shall signify and include words of every gender, respectively; provided, that nothing in this chapter shall be interpreted as repealing any specific act of Congress or any of the police or building regulations of the District of Columbia regarding the establishment or conduct of the businesses, trades, professions, or callings named in this chapter and not inconsistent with the provisions of this chapter.

    (July 1, 1902, 32 Stat. 623, ch. 1352, § 7, par. 7; July 1, 1932, 47 Stat. 551, ch. 366; Apr. 30, 1988, D.C. Law 7-104, § 43(d), 35 DCR 147; enacted, Apr. 9, 1997, D.C. Law 11-254, § 2, 44 DCR 1575.)

    HISTORICAL AND STATUTORY NOTES

    Prior Codifications

    1981 Ed., § 47-2807.

    1973 Ed., § 47-2307.

    Legislative History of Laws

    For legislative history of D.C. Law 7-104, see Historical and Statutory Notes following § 47-2801.

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  • (a) Auctioneers shall pay a license fee of $222 per annum.

    (b) The Mayor may issue a temporary auctioneer license to a person, firm, partnership, association, organization, or corporation engaged in or existing for charitable, benevolent, eleemosynary, humane, religious, philanthropic, recreational, social, educational, civic, fraternal, or other nonprofit purpose and to a citizen-service program established pursuant to [§ 1-1163.38]. The fee for a temporary auctioneer license shall be $50. A temporary auctioneer license shall be valid for a period of not more than 7 calendar days as specified on the face of the license. The Mayor may amend the fee to be charged for a temporary auctioneer license to an amount not to exceed the reasonably estimated cost of performing administrative duties pertaining to the issuance of this license in accordance with the provisions of subchapter I of Chapter 5 of Title 2.

    (c) No license shall issue hereunder without the approval of the Chief of Police. If any licensed auctioneer or any holder of a temporary auctioneer license, his agent or employee, shall convert to his own use in the District of Columbia any goods, wares, merchandise, or personal property of any description, or the proceeds of the same, and shall fail to pay over the avails or proceeds from the sale thereof, less his proper charges, within 5 days after receiving the money or its equivalent from the purchaser or purchasers of said goods, wares, merchandise, or personal property of any description, and after demand made therefor by the person entitled to receive the same, or his or her duly authorized agent, he shall be deemed guilty of a misdemeanor, and upon information and conviction in the Superior Court of the District of Columbia shall be fined not more than $1,000 or be imprisoned not exceeding 6 months, or both, in the discretion of the court. Civil fines, penalties, and fees may be imposed as alternative sanctions for any infraction of the provisions of this section, or any rules or regulations issued under the authority of this section, pursuant to Chapter 18 of Title 2. Adjudication of any infraction of this chapter shall be pursuant to Chapter 18 of Title 2. Nothing herein contained shall be construed to repeal or alter the provisions of subchapter I of Chapter 27 of this title.

    (d) Any permit issued pursuant to this section shall be issued as an Inspected Sales and Services endorsement to a basic business license under the basic business license system as set forth in subchapter I-A of this chapter.

    (July 1, 1902, 32 Stat. 623, ch. 1352, § 7, par. 9; July 1, 1932, 47 Stat. 552, ch. 366; Apr. 1, 1942, 56 Stat. 190, ch. 207, § 1; July 8, 1963, 77 Stat. 77, Pub. L. 88-60, § 1; July 29, 1970, 84 Stat. 570, Pub. L. 91- 358, title I, § 155(a); Sept. 14, 1976, D.C. Law 1-82, title I, § 104(c), 23 DCR 2461; Oct. 5, 1985, D.C. Law 6-42, § 469(a), 32 DCR 4450; Feb. 24, 1987, D.C. Law 6-181, § 2, 33 DCR 7664; enacted, Apr. 9, 1997, D.C. Law 11-254, § 2, 44 DCR 1575; Apr. 20, 1999, D.C. Law 12-261, § 2003(pp)(7), 46 DCR 3142; Oct. 28, 2003, D.C. Law 15-38, § 3(hh)(4)(A), 50 DCR 6913; Apr. 27, 2012, D.C. Law 19-124, § 501(n)(2), 59 DCR 1862.)

    HISTORICAL AND STATUTORY NOTES

    Prior Codifications

    1981 Ed., § 47-2808.

    1973 Ed., § 47-2309.

    Effect of Amendments

    D.C. Law 15-38, in subsec. (d), substituted "an Inspected Sales and Services endorsement to a basic business license under the basic" for "a Class A Inspected Sales and Services endorsement to a master business license under the master".

    D.C. Law 19-124, in subsec. (b), substituted "[§ 1-1162.23]" for "§ 1-1104.03".

    Emergency Act Amendments

    For temporary (90 day) amendment of section, see § 3(hh)(4)(A) of Streamlining Regulation Emergency Act of 2003 (D.C. Act 15-145, August 11, 2003, 50 DCR 6896).

    For temporary (90 day) amendment of section, see § 401(n)(2) of Board of Ethics and Government Accountability Establishment and Comprehensive Ethics Reform Emergency Amendment Act of 2012 (D.C. Act 19-298, January 29, 2012, 59 DCR 683).

    Legislative History of Laws

    Law 1-82, the "License Fees and Charges Act of 1976," was introduced in Council and assigned Bill No. 1-237, which was referred to the Committee on Finance and Revenue. The Bill was adopted on first and second readings on March 23, 1976 and April 6, 1976, respectively. Signed by the Mayor on June 22, 1976, it was assigned Act No. 1-135 and transmitted to both Houses of Congress for its review.

    Law 6-42, the "Department of Consumer and Regulatory Affairs Civil Infractions Act of 1985," was introduced in Council and assigned Bill No. 6-187, which was referred to the Committee on Consumer and Regulatory Affairs. The Bill was adopted on first and second readings on June 25, 1985, and July 9, 1985, respectively. Signed by the Mayor on July 16, 1985, it was assigned Act No. 6- 60 and transmitted to both Houses of Congress for its review.

    Law 6-181, the "Temporary Auctioneer License Amendment Act of 1986," was introduced in Council and assigned Bill No. 6-222, which was referred to the Committee on Finance and Revenue. The Bill was adopted on first and second readings on October 21, 1986 and November 5, 1986, respectively. Signed by the Mayor on November 25, 1986, it was assigned Act No. 6-232 and transmitted to both Houses of Congress for its review.

    For legislative history of D.C. Law 12-261, see Historical and Statutory Notes following § 47-2801.

    For Law 15-38, see notes following § 47-2404.

    For history of Law 19-124, see notes under § 47-391.08.

    Miscellaneous Notes

    Office of Major and Superintendent of Metropolitan Police abolished: The Office of the Major and Superintendent of Metropolitan Police was abolished and all functions of that office transferred to and vested in the Chief of Police. The Assistant Superintendent, Executive Officer of the Metropolitan Police Department was designated "Deputy Chief of Police, Executive Officer"; the Assistant Superintendent of the Metropolitan Police in command of the Detective Bureau was designated "Deputy Chief of Police, Chief of Detectives"; and each other Assistant Superintendent of the Metropolitan Police was designated "Deputy Chief of Police" by Reorganization Order No. 7, dated September 16, 1952. Reorganization Order No. 7 was replaced by Organization Order No. 153, dated November 10, 1966.

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  • (a) Owners or managers of barbershops, beauty parlors, beauty salons, vanity shops, or shingle shops, by whatsoever name called, where hair cutting, hair dressing, hair dyeing, manicuring, and kindred acts are practiced shall pay a license fee of $60 biennially. In addition, any person who independently leases, rents, or is otherwise authorized to occupy a barbershop chair or a beauty shop booth from the owner of any such shop or establishment shall pay a license fee of $60 biennially for each such chair or booth so leased, rented or otherwise occupied.

    (b) Any license issued pursuant to this section shall be issued as a Public Health: Public Accommodations endorsement to a basic business license under the basic business license system as set forth in subchapter I-A of this chapter.

    (July 1, 1902, 32 Stat. 624, ch. 1352, § 7, par. 10; July 1, 1932, 47 Stat. 552, ch. 366; Sept. 14, 1976, D.C. Law 1-82, title I, § 104(d), 23 DCR 2461; Sept. 26, 1995, D.C. Law 11-52, § 302(a), 42 DCR 3684; enacted, Apr. 9, 1997, D.C. Law 11-254, § 2, 44 DCR 1575; Apr. 20, 1999, D.C. Law 12-261, § 2003(pp)(8), 46 DCR 3142; Oct. 28, 2003, D.C. Law 15-38, § 3(hh) (4)(B), 50 DCR 6913.)

    HISTORICAL AND STATUTORY NOTES

    Prior Codifications

    1981 Ed., § 47-2809.

    1973 Ed., § 47-2310.

    Effect of Amendments

    D.C. Law 15-38, in subsec. (b), substituted "Public Health: Public Accommodations endorsement to a basic business license under the basic" for "Class A Public Health: Public Accommodations endorsement to a master business license under the master".

    Emergency Act Amendments

    For temporary amendment of section, see § 302(a) of the Omnibus Budget Support Emergency Act of 1995 (D.C. Act 11-44, April 28, 1995, 42 DCR 2217) and § 302(a) of the Omnibus Budget Support Congressional Review Emergency Act of 1995 (D.C. Act 11-124, July 27, 1995, 42 DCR 4160).

    For temporary amendment of D.C. Act 11-44, see § 303 of the Omnibus Budget Support Congressional Review Emergency Act of 1995 (D.C. Act 11-124, July 27, 1995, 42 DCR 4160).

    For temporary (90 day) amendment of section, see § 3(hh)(4)(B) of Streamlining Regulation Emergency Act of 2003 (D.C. Act 15-145, August 11, 2003, 50 DCR 6896).

    Legislative History of Laws

    For legislative history of D.C. Law 1-82, see Historical and Statutory Notes following § 47-2808.

    Law 11-52, the "Omnibus Budget Support Act of 1995," was introduced in Council and assigned Bill No. 11-218, which was referred to the Committee of the Whole. The Bill was adopted on first and second readings on April 19, 1995, and June 6, 1995, respectively. Signed by the Mayor on July 13, 1995, it was assigned Act No. 11-94 and transmitted to both Houses of Congress for its review. D.C. Law 11-52 became effective on September 26, 1995.

    For legislative history of D.C. Law 12-261, see Historical and Statutory Notes following § 47-2801.

    For Law 15-38, see notes following § 47-2404.

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  • (a) For the purposes of this section and Part D-i of Subchapter I-B of this chapter, the term:

    (1) "Board" means the Board of Barber and Cosmetology.

    (2) "Body art" or "body art procedure" means the process of physically modifying the body for cosmetic or other non-medical purposes, including tattooing, body piercing, and fixing indelible marks or figures on the skin through scarification, branding, tongue bifurcation, and tissue removal.

    (3) "Body artist" means an individual who is licensed under this chapter to perform body art procedures.

    (4) "Body art establishment" means any structure or venue, whether temporary or permanent, where body art procedures are performed.

    (5) "Body piercing" means the perforation of any human body part followed by the insertion of an object, such as jewelry, for cosmetic or other nonmedical purposes by using any of the following instruments, methods, or processes: stud and clasp, captive ball, soft tissue, cartilage, surface, surface-to-surface, microdermal implantation or dermal anchoring, subdermal implantation, and transdermal implantation. The term "body piercing" shall not include nail piercing.

    (6) "Branding" means the process of applying extreme heat with a pen-like instrument to create an image or pattern.

    (7) "Cleansing product" means any material used to apply cleansing agents to the skin, such as cotton balls, tissue or paper products, paper or plastic cups, towels, gauze, or sanitary coverings.

    (8) "Operator" means any person who owns, controls, or operates a body art establishment, whether or not the person actually performs body art procedures.

    (9) "Sanitization" means the reduction of the population of microorganisms to safe levels, as determined by the Department of Health, by a product registered with the Environmental Protection Agency ("EPA") or by chemical germicides that are registered with the EPA as hospital disinfectants.

    (10) "Scarification" means the placing of an indelible mark on the skin by the process of cutting or abrading the skin to bring about permanent scarring.

    (11) "Sharps" means any object, sterile or contaminated, that may penetrate the skin or mucosa, including presterilized single needles, scalpel blades, and razor blades.

    (12) "Single-use" means products or items intended for one-time use that are disposed of after use on a client.

    (13) "Sterilization" means the process of destruction of all forms of life by physical or chemical means.

    (14) "Tattoo" means the placing of pigment into the skin dermis for cosmetic or other nonmedical purposes, including the process of micropigmentation or cosmetic tattooing.

    (15) "Tissue removal" means placing an indelible mark or figure on the skin through removal of a portion of the dermis.

    (16) "Tongue bifurcation" means the cutting of the tongue from tip to part of the way toward the base, forking at the end.

    (b)(1) The Department of Health shall regulate body art establishments to ensure that such establishments have adequate health, sanitization, sterilization and safety methods, procedures, equipment, and supplies by:

    (A) Establishing minimum sterilization, sanitation, health, and safety standards for the operation of such establishments as may be necessary to prevent infection and contamination of equipment, supplies, or work surfaces with pathogenic organisms; and

    (B) Establishing and imposing operational licensing, registration requirements, and associated fee schedules.

    (2) Within 180 days of the effective date of this section, the Department of Health shall issue rules to implement the provisions of paragraph (1) of this subsection.

    (c)(1) All body art establishments offering tattooing procedures shall conspicuously post a written disclosure that states the following:

    "The United States Food and Drug Administration has not approved any pigment color additive for injectable use as tattoo ink. There may be a risk of carcinogenic decomposition associated with certain pigments when the pigments are subsequently exposed to concentrated ultra-violet light or laser irradiation."

    (2) All body art establishments offering tattooing procedures shall maintain documentation on the premises containing the following information and shall disclose such information to customers upon request:

    (A) The components of the pigments used in the body art establishment;

    (B) The names, addresses, and telephone numbers of the suppliers and manufacturers of pigments used in the body art establishment for the past 3 years; and

    (C) Identification of any recalled pigments used in the establishment for the past 3 years and the supplier and manufacturer of each pigment.

    (3) All body art establishments shall maintain and use regularly calibrated autoclave equipment for the sterilization of any non-disposable body art equipment, at a frequency to be established by the Department of Health.

    (4) Only single-use disposable sharps, pigments, gloves, and cleansing products shall be used in connection with body art procedures in body art establishments, in accordance with rules established by the Department of Health pursuant to subsection (b) of this section.

    (5) A body art establishment that is in violation of this subsection shall be subject to license suspension or revocation and a maximum fine of $2,500.

    (d)(1) No person shall operate a body art establishment or perform body art procedures in a body art establishment unless that establishment has obtained a valid body art establishment license issued by the Mayor.

    (2) No body art establishment shall employ or permit body artists to perform body art procedures in the body art establishment unless the body artist holds a valid body art license issued by the Mayor.

    (3) Any person violating paragraph (1) or (2) of this subsection shall, upon conviction, be deemed guilty of a misdemeanor and may be punished by a fine not exceeding $2,500, imprisonment for not more than 3 months, or both.

    (Oct. 23, 2012, D.C. Law 19-193, § 3(b), 59 DCR 10388.)

    HISTORICAL AND STATUTORY NOTES

    Legislative History of Laws

    Law 19-193, the "Regulation of Body Artists and Body Art Establishments Act of 2012", was introduced in Council and assigned Bill No. 19-221, which was referred to the Committee on Public Services and Consumer Affairs. The Bill was adopted on first and second readings on June 5, 2012, and July 10, 2012, respectively. Signed by the Mayor on August 17, 2012, it was assigned Act No. 19-448 and transmitted to both Houses of Congress for its review. D.C. Law 19- 193 became effective on October 23, 2012.

  • Current through October 23, 2012 Back to Top
  • The provisions of Chapter 20 of Title 3 and of § 47-2809 shall not be applicable to activities conducted in connection with any bona fide regularly scheduled national annual convention of any national association of professional hairdressers or cosmetologists, from which the general public is excluded.

    (Aug. 4, 1955, 69 Stat. 485, ch. 544, § 1; enacted, Apr. 9, 1997, D.C. Law 11-254, § 2, 44 DCR 1575.)

    HISTORICAL AND STATUTORY NOTES

    Prior Codifications

    1981 Ed., § 47-2810.

    1973 Ed., § 47-2310a.

  • Current through October 23, 2012 Back to Top
  • (a) No person shall offer or administer for commercial purposes a massage unless licensed pursuant to Chapter 12 of Title 3.

    (b) Any license issued pursuant to this section shall be issued as a Public Health: Public Accommodations endorsement to a basic business license under the basic business license system as set forth in subchapter I-A of this chapter.

    (July 1, 1902, 32 Stat. 624, ch. 1352, § 7, par. 11; July 1, 1932, 47 Stat. 552, ch. 366; Sept. 14, 1976, D.C. Law 1-82, title I, § 104(e), 23 DCR 2461; enacted, Apr. 9, 1997, D.C. Law 11-254, § 2, 44 DCR 1575; Apr. 20, 1999, D.C. Law 12-261, § 2003(pp)(9), 46 DCR 3142; Oct. 28, 2003, D.C. Law 15-38, § 3(hh)(4)(C), 50 DCR 6913; Dec. 10, 2009, D.C. Law 18-88, § 224, 56 DCR 7413.)

    HISTORICAL AND STATUTORY NOTES

    Prior Codifications

    1981 Ed., § 47-2811.

    1973 Ed., § 47-2311.

    Effect of Amendments

    D.C. Law 15-38, in subsec. (b), substituted "Public Health: Public Accommodations endorsement to a basic business license under the basic" for "Class A Public Health: Public Accommodations endorsement to a master business license under the master".

    D.C. Law 18-88 rewrote subsec. (a), which had read as follows:

    "(a) Owners or managers of massage establishments and Turkish, Russian, or medicated baths shall pay a license fee of $300 per annum. No license shall be issued under this section without the approval of the Chief of Police. It shall be unlawful for any female to give or administer massage treatment or any bath to any person of the male sex, or for any person of the male sex to give or administer massage treatment or any bath to any person of the female sex, in any establishment licensed under this section. Any person violating the provisions of this section shall, upon conviction, be punished as hereinafter provided in this chapter; and, in addition to such penalty, it shall be the duty of the Mayor of the District of Columbia to revoke the license of the owner or manager of the establishment wherein the provisions of this section shall have been violated."

    Emergency Act Amendments

    For temporary (90 day) amendment of section, see § 3(hh)(4)(C) of Streamlining Regulation Emergency Act of 2003 (D.C. Act 15-145, August 11, 2003, 50 DCR 6896).

    For temporary (90 day) amendment of section, see § 224 of Omnibus Public Safety and Justice Emergency Amendment Act of 2009 (D.C. Act 18-181, August 6, 2009, 56 DCR 6903).

    For temporary (90 day) amendment of section, see § 224 of Omnibus Public Safety and Justice Congressional Review Emergency Amendment Act of 2009 (D.C. Act 18- 227, October 21, 2009, 56 DCR 8668).

    Legislative History of Laws

    For legislative history of D.C. Law 1-82, see Historical and Statutory Notes following § 47-2808.

    For legislative history of D.C. Law 12-261, see Historical and Statutory Notes following § 47-2801.

    For Law 15-38, see notes following § 47-2404.

    Law 18-88, the "Omnibus Public Safety and Justice Amendment Act of 2009", as introduced in Council and assigned Bill No. 18-151, which was referred to the Committee on Public Safety and the Judiciary. The bill as adopted on first and second readings on June 30, 2009, and July 31, 2009, respectively. Signed by the Mayor on August 26, 2009, it was assigned Act No. 18-189 and transmitted to both Houses of Congress for its review. D.C. Law 18-88 became effective on December 10, 2009.

    Miscellaneous Notes

    Office of Major and Superintendent of Metropolitan Police abolished: The Office of the Major and Superintendent of Metropolitan Police was abolished and all functions of that office transferred to and vested in the Chief of Police. The Assistant Superintendent, Executive Officer of the Metropolitan Police Department was designated "Deputy Chief of Police, Executive Officer"; the Assistant Superintendent of the Metropolitan Police in command of the Detective Bureau was designated "Deputy Chief of Police, Chief of Detectives"; and each other Assistant Superintendent of the Metropolitan Police was designated "Deputy Chief of Police" by Reorganization Order No. 7, dated September 16, 1952. Reorganization Order No. 7 was replaced by Organization Order No. 153, dated November 10, 1966.

    Exemption of massage therapists: Section 3 of D.C. Law 10-205, as amended by D.C. Law 11-110, provided that persons licensed to practice as a massage therapist under that act are exempt from the provisions of § 47-2811.

  • Current through October 23, 2012 Back to Top
  • Owners or managers of establishments where public baths are supplied to transients shall pay a license fee of $152 per annum.

    (July 1, 1902, 32 Stat. 624, ch. 1352, § 7, par. 12; July 1, 1932, 47 Stat. 552, ch. 366; Sept. 14, 1976, D.C. Law 1-82, title I, § 104(f), 23 DCR 2461; enacted, Apr. 9, 1997, D.C. Law 11-254, § 2, 44 DCR 1575.)

    HISTORICAL AND STATUTORY NOTES

    Prior Codifications

    1981 Ed., § 47-2812.

    1973 Ed., § 47-2312.

    Legislative History of Laws

    For legislative history of D.C. Law 1-82, see Historical and Statutory Notes following § 47-2808.

  • Current through October 23, 2012 Back to Top
  • (July 1, 1902, 32 Stat. 624, ch. 1352, § 7, par. 13; July 1, 1932, 47 Stat. 552, ch. 366; 1973 Ed., § 47-2313; enacted, Apr. 9, 1997, D.C. Law 11-254, § 2, 44 DCR 1575; Apr. 20, 1999, D.C. Law 12-261, § 2003(pp)(10), 46 DCR 3142.)

    HISTORICAL AND STATUTORY NOTES

    Prior Codifications

    1981 Ed., § 47-2813.

    1973 Ed., § 47-2313.

    Legislative History of Laws

    For legislative history of D.C. Law 12-261, see Historical and Statutory Notes following § 47-2801.

  • Current through October 23, 2012 Back to Top
  • (a) Owners or managers of establishments where gasoline or oils of like grade are sold shall pay a license fee of $17 per annum for each pump used in dispensing said gasoline or oils.

    (b) Owners or managers of establishments where kerosene, oils, or gasoline of like grade are stored underground shall pay a license fee of $80 per annum, and where such like grade kerosene, oils, or gasoline are stored in above-ground tanks the license fee shall be $94 per annum.

    (c) Owners or managers of establishments where kerosene or like grade is kept for sale shall pay a license fee of $19 per annum, and where oil or grease of like grade is kept for sale, the license fee shall be $30 per annum, and where coal is kept for sale, the license fee shall be $94 per annum, and where kerosene, gasoline, or oil is sold through a metering device, the license fee shall be $64 per annum.

    (d) Owners or managers of establishments where fireworks are stored or are kept for sale at wholesale or at both wholesale and retail shall pay a license fee of $760. Owners or managers of establishments where fireworks are kept for sale at retail shall pay a license fee of $100.

    (e) Owners or managers of establishments where explosives of any kind, including ammunition but excluding fireworks, are stored or are kept for sale at wholesale or at both wholesale and retail shall pay a license fee of $760. Owners or managers of establishments where explosives of any kind, including ammunition but excluding fireworks, are kept for sale at retail shall pay a license fee of $47.

    (f) No license shall be issued under this section without the approval of the Fire Marshal of the District of Columbia.

    (g) Any license issued pursuant to this section shall be issued as an Environmental Materials endorsement to a basic business license under the basic business license system as set forth in subchapter I-A of this chapter.

    (July 1, 1902, 32 Stat. 624, ch. 1352, § 7, par. 14; July 1, 1932, 47 Stat. 552, ch. 366; Sept. 14, 1976, D.C. Law 1-82, title I, § 104(g), 23 DCR 2461; enacted, Apr. 9, 1997, D.C. Law 11-254, § 2, 44 DCR 1575; Apr. 20, 1999, D.C. Law 12-261, § 2003(pp)(11), 46 DCR 3142; Oct. 28, 2003, D.C. Law 15-38, § 3(hh)(4)(D), 50 DCR 6913.)

    HISTORICAL AND STATUTORY NOTES

    Prior Codifications

    1981 Ed., § 47-2814.

    1973 Ed., § 47-2314.

    Effect of Amendments

    D.C. Law 15-38, in subsec. (g), substituted "an Environmental Materials endorsement to a basic business license under the basic" for "a Class A Environmental Materials endorsement to a master business license under the master".

    Emergency Act Amendments

    For temporary (90 day) amendment of section, see § 3(hh)(4)(D) of Streamlining Regulation Emergency Act of 2003 (D.C. Act 15-145, August 11, 2003, 50 DCR 6896).

    Legislative History of Laws

    For legislative history of D.C. Law 1-82, see Historical and Statutory Notes following § 47-2808.

    For legislative history of D.C. Law 12-261, see Historical and Statutory Notes following § 47-2801.

    For Law 15-38, see notes following § 47-2404.

  • Current through October 23, 2012 Back to Top
  • (a) Owners or managers of establishments where pyroxylin is kept or stored for painting or spraying shall pay a license fee of $50 per annum. No license shall issue hereunder without the approval of the Fire Marshal of the District of Columbia.

    (b) Any license issued pursuant to this section shall be issued as an Environmental Materials endorsement to a basic business license under the basic business license system as set forth in subchapter I-A of this chapter.

    (July 1, 1902, 32 Stat. 624, ch. 1352, § 7, par. 15; July 1, 1932, 47 Stat. 552, ch. 366; Sept. 14, 1976, D.C. Law 1-82, title I, § 104(h), 23 DCR 2461; enacted, Apr. 9, 1997, D.C. Law 11-254, § 2, 44 DCR 1575; Apr. 20, 1999, D.C. Law 12-261, § 2003(pp)(12), 46 DCR 3142; Oct. 28, 2003, D.C. Law 15-38, § 3(hh)(4)(E), 50 DCR 6913.)

    HISTORICAL AND STATUTORY NOTES

    Prior Codifications

    1981 Ed., § 47-2815.

    1973 Ed., § 47-2315.

    Effect of Amendments

    D.C. Law 15-38, in subsec. (b), substituted "an Environmental Materials endorsement to a basic business license under the basic" for "a Class A Environmental Materials endorsement to a master business license under the master".

    Emergency Act Amendments

    For temporary (90 day) amendment of section, see § 3(hh)(4)(E) of Streamlining Regulation Emergency Act of 2003 (D.C. Act 15-145, August 11, 2003, 50 DCR 6896).

    Legislative History of Laws

    For legislative history of D.C. Law 1-82, see Historical and Statutory Notes following § 47-2808.

    For legislative history of D.C. Law 12-261, see Historical and Statutory Notes following § 47-2801.

    For Law 15-38, see notes following § 47-2404.

  • Current through October 23, 2012 Back to Top
  • (July 1, 1902, 32 Stat. 624, ch. 1352, § 7, par. 16; July 1, 1932, 47 Stat. 553, ch. 366; Aug. 1, 1950, 64 Stat. 393, ch. 513, § 1; 1973 Ed., § 47-2316; enacted, Apr. 9, 1997, D.C. Law 11-254, § 2, 44 DCR 1575; Apr. 20, 1999, D.C. Law 12-261, § 2003(pp)(13), 46 DCR 3142.)

    HISTORICAL AND STATUTORY NOTES

    Prior Codifications

    1981 Ed., § 47-2816.

    1973 Ed., § 47-2316.

    Legislative History of Laws

    For legislative history of D.C. Law 12-261, see Historical and Statutory Notes following § 47-2801.

    Miscellaneous Notes

    Office of Director of Public Health abolished: Section 1 of the Act of August 1, 1950, 64 Stat. 393, ch. 513, provided that the Health Officer of the District of Columbia would be known as the Director of Public Health. The Health Department of the District of Columbia, including the office of the head thereof, was abolished and the functions thereof transferred to the Board of Commissioners of the District of Columbia by Reorganization Plan No. 5 of 1952. Reorganization Order No. 57 of the Board of Commissioners, dated June 30, 1953, and Reorganization Order No. 52, dated June 30, 1953, combined and redesignated Organization Order No. 141, dated February 11, 1964, established under the direction and control of a Commissioner, a Department of Public Health headed by a Director, for the purpose of planning, implementing, and directing public health and hospital care programs, and for performing certain other allied medical and paramedical functions. The Anatomical Board was established under the direction and control of the Director of Public Health consisting of members as prescribed in the D.C. Code. The Order prior to redesignation abolished the previously existing Health Department, Gallinger Hospital, Glenn Dale Sanatorium, and the Anatomical Board and transferred their functions and positions to the new Department. The organization of the new Department was set out in the Order. The executive functions of the Board of Commissioners were transferred to the Commissioner of the District of Columbia by § 401 of Reorganization Plan No. 3 of 1967. Functions stated in Organization Order No. 141 were transferred to the Director of the Department of Human Resources by Commissioner's Order No. 69-96, dated March 7, 1969, as amended by Commissioner's Order No. 70-83, dated March 6, 1970. The Department of Human Resources was replaced by Reorganization Plan No. 2 of 1979, dated February 21, 1980, which Plan established the Department of Human Services.

  • Current through October 23, 2012 Back to Top
  • (a) Owners or managers of laundries operated other than by hand power shall pay a license fee of $188 biennially.

    (b) Repealed.

    (c)(1) Owners or managers of dry cleaning or dyeing establishments shall pay a license fee of $222 biennially.

    (2) Any license issued pursuant to this subsection shall be issued as an Environmental Materials endorsement to a basic business license under the basic business license system as set forth in subchapter I-A of this chapter.

    (d) Any license issued pursuant to this section, shall be in addition to those required under subsection (c)(2) of this section, if any, and shall be issued as a General Services and Repair endorsement to a basic business license under the basic business license system as set forth in subchapter I-A of this chapter.

    (July 1, 1902, 32 Stat. 625, ch. 1352, § 7, par. 17; July 1, 1932, 47 Stat. 553, ch. 366; Sept. 14, 1976, D.C. Law 1-82, title I, § 104(i), 23 DCR 2461; Sept. 26, 1995, D.C. Law 11-52, § 302(b), 42 DCR 3684; enacted, Apr. 9, 1997, D.C. Law 11-254, § 2, 44 DCR 1575; Apr. 20, 1999, D.C. Law 12-261, § 2003(pp)(14), 46 DCR 3142; Apr. 12, 2000, D.C. Law 13-91, § 157(d)(2), 47 DCR 520; Oct. 28, 2003, D.C. Law 15-38, § 3(hh)(4)(F), 50 DCR 6913.)

    HISTORICAL AND STATUTORY NOTES

    Prior Codifications

    1981 Ed., § 47-2817.

    1973 Ed., § 47-2317.

    Effect of Amendments

    D.C. Law 15-38, in subsec. (c)(2), substituted "an Environmental Materials endorsement to a basic business license under the basic" for "a Class A Environmental Materials endorsement to a master business license under the master"; and in subsec. (d), substituted "General Services and Repair endorsement to a basic business license under the basic" for "Class B General Services and Repair endorsement to a master business license under the master".

    Emergency Act Amendments

    For temporary amendment of section, see § 302(b) of the Omnibus Budget Support Emergency Act of 1995 (D.C. Act 11-44, April 28, 1995, 42 DCR 2217) and § 302(b) of the Omnibus Budget Support Congressional Review Emergency Act of 1995 (D.C. Act 11-124, July 27, 1995, 42 DCR 4160).

    For temporary amendment of D.C. Act 11-44, see § 303 of the Omnibus Budget Support Congressional Review Emergency Act of 1995 (D.C. Act 11-124, July 27, 1995, 42 DCR 4160.

    For temporary (90 day) amendment of section, see § 3(hh)(4)(F) of Streamlining Regulation Emergency Act of 2003 (D.C. Act 15-145, August 11, 2003, 50 DCR 6896).

    Legislative History of Laws

    For legislative history of D.C. Law 1-82, see Historical and Statutory Notes following § 47-2808.

    For legislative history of D.C. Law 11-52, see Historical and Statutory Notes following § 47-2809.

    For legislative history of D.C. Law 12-261, see Historical and Statutory Notes following § 47-2801.

    For Law 15-38, see notes following § 47-2404.

  • Current through October 23, 2012 Back to Top
  • (a)(1) Persons engaged in the business of manufacturing or renovating mattresses shall pay a license fee of $476 biennially.

    (2) Any license issued pursuant to this subsection shall be issued as a Manufacturing endorsement to a basic business license under the basic business license system as set forth in subchapter I-A of this chapter.

    (b)(1) Owners or managers of establishments where mattresses are stored, sold, or kept for sale shall pay a license fee of $34 biennially.

    (2) Any license issued pursuant to this subsection shall be issued as a General Sales endorsement to a basic business license under the basic business license system as set forth in subchapter I-A of this chapter.

    (c) Within the meaning of this section, the term "mattress" shall be deemed to include any quilt, comforter, pad, pillow, cushion, or bag stuffed with hair, down, feathers, wool, cotton, excelsior, jute, or any other soft material and designed for use for sleeping or reclining purposes.

    (July 1, 1902, 32 Stat. 625, ch. 1352, § 7, par. 18; July 1, 1932, 47 Stat. 553, ch. 366; Sept. 14, 1976, D.C. Law 1-82, title I, § 104(j), 23 DCR 2461; Sept. 26, 1995, D.C. Law 11-52, § 302(c), 42 DCR 3684; enacted, Apr. 9, 1997, D.C. Law 11-254, § 2, 44 DCR 1575; Apr. 20, 1999, D.C. Law 12-261, § 2003(pp)(15), 46 DCR 3142; Oct. 28, 2003, D.C. Law 15-38, § 3(hh) (4)(G), 50 DCR 6913.)

    HISTORICAL AND STATUTORY NOTES

    Prior Codifications

    1981 Ed., § 47-2818.

    1973 Ed., § 47-2318.

    Effect of Amendments

    D.C. Law 15-38, in subsec. (a)(2), substituted "Manufacturing endorsement to a basic business license under the basic" for "Class A Manufacturing endorsement to a master business license under the master" ; and in subsec. (b)(2), substituted "General Sales endorsement to a basic business license under the basic" for "Class B General Sales endorsement to a master business license under the master".

    Emergency Act Amendments

    For temporary amendment of section, see § 302(c) of the Omnibus Budget Support Emergency Act of 1995 (D.C. Act 11-44, April 28, 1995, 42 DCR 2217) and § 302(c) of the Omnibus Budget Support Congressional Review Emergency Act of 1995 (D.C. Act 11-124, July 27, 1995, 42 DCR 4160).

    Section 303(c) of D.C. Law 11-52 amended § 302 of D.C. Act 11-44 by substituting "'biennially" for "biannually" wherever that phrase appears.

    For temporary amendment of D.C. Act 11-44, see § 303 of the Omnibus Budget Support Congressional Review Emergency Act of 1995 (D.C. Act 11-124, July 27, 1995, 42 DCR 4160).

    For temporary (90 day) amendment of section, see § 3(hh)(4)(G) of Streamlining Regulation Emergency Act of 2003 (D.C. Act 15-145, August 11, 2003, 50 DCR 6896).

    Legislative History of Laws

    For legislative history of D.C. Law 1-82, see Historical and Statutory Notes following § 47-2808.

    For legislative history of D.C. Law 11-52, see Historical and Statutory Notes following § 47-2809.

    For legislative history of D.C. Law 12-261, see Historical and Statutory Notes following § 47-2801.

    For Law 15-38, see notes following § 47-2404.

  • Current through October 23, 2012 Back to Top
  • (July 1, 1902, 32 Stat. 625, ch. 1352, § 7, par. 19; July 1, 1932, 47 Stat. 553, ch. 366; 1973 Ed., § 47-2319; Sept. 14, 1976, D.C. Law 1-82, title I, § 104(k), 23 DCR 2461; enacted, Apr. 9, 1997, D.C. Law 11-254, § 2, 44 DCR 1575; Apr. 20, 1999, D.C. Law 12-261, § 2003(pp)(16), 46 DCR 3142.)

    HISTORICAL AND STATUTORY NOTES

    Prior Codifications

    1981 Ed., § 47-2819.

    1973 Ed., § 47-2319.

    Legislative History of Laws

    For legislative history of D.C. Law 1-82, see Historical and Statutory Notes following § 47-2808.

    For legislative history of D.C. Law 12-261, see Historical and Statutory Notes following § 47-2801.

  • Current through October 23, 2012 Back to Top
  • (a) Owners or managers of theaters in which moving pictures are displayed, for profit or gain, shall pay a license fee of $830 biennially.

    (b) Owners or managers of buildings in which skating rinks, fairs, carnivals, balls, dances, exhibitions, lectures, or entertainments of any description including theatrical or dramatic performances of any kind are conducted, for profit or gain, shall pay a license fee of $500 per annum; provided, that for entertainments, concerts, or performances of any kind where the proceeds are intended for church or charitable purposes, and where no rental is charged, no license shall be required; provided further, that when, in the opinion of the Chief of Police and the Fire Chief of the District of Columbia, or either of them, it is necessary to post policemen or firemen, or both, at, on, and about the licensed premises for the protection of the public safety, in addition to the license fee provided for above, such owners or managers shall pay a further monthly permit fee, to be determined monthly by the said Chief of Police and Fire Chief, or either of them, based upon a reasonable estimate of the number of hours to be spent by policemen and firemen at, on, and about the licensed premises, this fee to be payable in advance on the first day of the month for which the permit is sought. Policemen and firemen so assigned shall be charged for by the hour at the basic daily wage rate of policemen and firemen so assigned in effect the first day of the month for which the permit is sought.

    (b-1)(1)(A) Before granting or renewing a license under subsection (b) of this section, the Mayor shall give 30-days notice by mail to the affected Advisory Neighborhood Commission and by publication in the District of Columbia Register. The notice shall contain the name of the applicant and a description, by street and number, or other plain designation, of the particular location for which the license is requested. The notice shall state that any resident or owner of residential property within 600 feet of the boundary lines of the lot upon which is situated the establishment for which the license is requested who objects to the granting of the license is entitled to be heard before the granting or renewal of the license and shall name the time and place of the hearing.

    (B) The applicant shall post 2 notices for a period of 4 weeks in conspicuous places on the outside of the premises. The notices to be posted shall state that any resident or owner of residential property within 600 feet of the boundary lines of the lot upon which is situated the establishment for which the license is requested who objects to the license is entitled to be heard before the granting or renewal of the license and shall name the same time and place for the hearing as set out in the notice mailed and published by the Mayor.

    (C) If an objection to the granting or renewal of the license is filed, no final action shall be taken by the Mayor until the resident or owner of residential property within 600 feet of the boundary lines of the lot upon which is situated the establishment for which the license is requested who objects has an opportunity to be heard, under the rules and regulations to be issued by the Mayor.

    (2) Upon objection, a hearing shall be held by the Mayor to determine the following:

    (A) The effect of the establishment on the peace, order, and quiet of the neighborhood or portion of the District of Columbia; and

    (B) The effect of the establishment on the residential parking needs and vehicular and pedestrian safety of the neighborhood.

    (3) The Mayor shall rule on the application within 30 days of the hearing.

    (4) The license shall be renewed annually.

    (b-2) Any applicant who holds a valid class C or D license issued pursuant to Chapter 1 of Title 25 and who holds a certificate of occupancy for less than 401 persons shall be exempt from the provisions of subsection (b)(1) of this section.

    (c)(1) Except as provided in paragraph (2) of this subsection, after 11:30 p.m. on Sundays through Thursdays except days preceding holidays and after 1:00 a.m. on Saturdays, Sundays, and legal holidays until 8:00 a.m. of each day, owners or managers of facilities licensed under the provisions of this section shall not permit any minor to be present on the licensed premises.

    (2) Paragraph (1) of this subsection shall not apply to owners or managers:

    (A) Of theaters when displaying moving pictures; or

    (B) Of buildings in which fairs, carnivals, exhibitions, lectures, and theatrical or dramatic performances are being conducted.

    (d) The Department of Consumer and Regulatory Affairs shall suspend the license of any licensee determined to have violated the provisions of subsection (c) of this section. The period of suspension shall not exceed 1 year for each violation. A licensee alleged to be in violation shall be entitled to a hearing in accordance with § 1-1509.

    (e) Any license issued pursuant to this section shall be issued as an Entertainment endorsement to a basic business license under the basic business license system as set forth in subchapter I-A of this chapter.

    (July 1, 1902, 32 Stat. 625, ch. 1352, § 7, par. 20; July 1, 1932, 47 Stat. 553, ch. 366; June 29, 1948, 62 Stat. 1109, ch. 735, §§ 1, 2; Sept. 14, 1976, D.C. Law 1-82, title I, § 104(l), 23 DCR 2461; Mar. 11, 1988, D.C. Law 7-88, § 2, 35 DCR 164; Sept. 29, 1992, D.C. Law 9-160, § 2, 39 DCR 5694; Sept. 26, 1995, D.C. Law 11-52, § 302(d), 42 DCR 3684; enacted, Apr. 9, 1997, D.C. Law 11-254, § 2, 44 DCR 1575; Apr. 20, 1999, D.C. Law 12-261, § 2003(pp)(17), 46 DCR 3142; Oct. 28, 2003, D.C. Law 15-38, § 3(hh) (4)(H), 50 DCR 6913; Sept. 30, 2004, D.C. Law 15-187, § 302(a), 51 DCR 6525; Apr. 13, 2005, D.C. Law 15-354, § 73(l)(1), 52 DCR 2638.)

    HISTORICAL AND STATUTORY NOTES

    Prior Codifications

    1981 Ed., § 47-2820.

    1973 Ed., § 47-2320.

    Effect of Amendments

    D.C. Law 15-38, in subsec. (e), substituted "an Entertainment endorsement to a basic business license under the basic" for "a Class A Entertainment endorsement to a master business license under the master".

    D.C. Law 15-187, in subsec. (b-2), substituted "Title 25, and which holds a certificate of occupancy for less than 401 persons," for "Title 25 shall be exempt from the provisions of subsection (b-1)".

    D.C. Law 15-354, in subsec. (b-2), validated a previously made technical correction.

    Temporary Amendments of Section

    For temporary (225 day) amendment of section, see § 2 of District of Columbia Public Hall Regulation Temporary Amendment Act of 1991 (D.C. Law 9-23, August 17, 1991, law notification 38 DCR 5790).

    For temporary (225 day) amendment of section, see § 2(b), (c), of District of Columbia Public Hall Regulation Temporary Amendment Act of 1992 (D.C. Law 9- 131, July 22, 1992, law notification 39 DCR 5812).

    Temporary Addition of Section

    Sections 2 through 4 of D.C. Law 15-201, as amended by section 2 of D.C. Law 15-314, added provisions to read as follows:

    "Sec. 2. Definitions.

    "For the purposes of this act, the term:

    "(1) 'Congestion' means the significant increase in vehicular or foot traffic within the police service area where the venue is operated over a period of time not to exceed 8 hours that is associated with patrons congregating to attend and leave the venue.

    "(2) 'Reimbursable detail' means an assignment of on-duty officers of the Metropolitan Police Department to patrol the surrounding area of each entrance of a public venue for the purpose of maintaining public safety, including the remediation of traffic congestion and the safety of public patrons, during their approach and departure from the venue.

    "(3) 'Venue' means a place where the congregation of the public leads to:

    "(A) Street closures;

    "(B) Traffic congestion; or

    "(C) Unusual and significant increases in foot or vehicular traffic within or surrounding the entrance of a commercial building, place of public assembly, establishment required to have a license under D.C. Official Code § 25-102, school, public hall or any establishment or private function, or parking lots regularly used to attend functions at these places.

    "(4) 'Venue operator' means an individual, corporation or proprietorship with a license to hold an event for-profit at an establishment that leads to congestion surrounding the venue."

    "Sec. 3. Responsibility of venue operators.

    "All regular venue operators shall meet with the Metropolitan Police Department ('MPD') to develop an agreement with the MPD when holding a function for profit that leads to an unusual and significant increase in foot or vehicular traffic to and from the police service area where the venue is located. This agreement shall:

    "(1) Provide procedures for the venue operator to inform the MPD when congestion of city streets within the police service area where the venue is located is expected to occur;

    "(2) Provide procedures for establishing reimbursable details at each venue as requested by the venue operator;

    "(3) Provide procedures for compensation of the MPD when reimbursable details are requested by the venue operator; and

    "(4) Provide the MPD with the obligation to staff reimbursable details as requested by the venue operator."

    "Sec. 4. Responsibility of the Metropolitan Police Department.

    "(a) Subject to adequate staffing of the police service areas, the MPD shall staff reimbursable details as requested by venue operators. Where a venue results in unusual and significant increases in vehicular or foot traffic and congestion of city streets, the MPD may establish a detail and charge the venue operator or group of venue operators for the presence of those MPD officers required to maintain the flow of traffic and public safety within the police service area where the venue is located.

    "(b) Nothing in this section shall be construed as authorizing the Metropolitan Police Department to charge operators of not-for-profit events for MPD details at a venue or within the police service area where the venue is located."

    Section 6(b) of D.C. Law 15-201 provides that the act shall expire after 225 days of its having taken effect.

    Section 4(b) of D.C. Law 15-314 provides that the act shall expire after 225 days of its having taken effect.

    Emergency Act Amendments

    For temporary amendment of section, see § 302(d) of the Omnibus Budget Support Emergency Act of 1995 (D.C. Act 11-44, April 28, 1995, 42 DCR 2217) and § 302(d) of the Omnibus Budget Support Congressional Review Emergency Act of 1995 (D.C. Act 11-124, July 27, 1995, 42 DCR 4160).

    For temporary amendment of D.C. Act 11-44, see § 303 of the Omnibus Budget Support Congressional Review Emergency Act of 1995 (D.C. Act 11-124, July 27, 1995, 42 DCR 4160).

    For temporary (90 day) amendment of section, see § 3(hh)(4)(H) of Streamlining Regulation Emergency Act of 2003 (D.C. Act 15-145, August 11, 2003, 50 DCR 6896).

    For temporary (90 day) addition, see §§ 2 to 4 of Public Congestion and Venue Protection Emergency Act of 2004 (D.C. Act 15-452, June 23, 2004, 51 DCR 6723).

    For temporary (90 day) addition, see §§ 2 to 4 of Public Congestion and Venue Protection Congressional Review Emergency Amendment Act of 2004 (D.C. Act 15- 545, October 12, 2004, 51 DCR 9839).

    For temporary (90 day) amendment of section, see §§ 2, 3 of Public Congestion and Venue Protection Emergency Amendment Act of 2004 (D.C. Act 15-613, November 30, 2004, 51 DCR 11435).

    For temporary (90 day) amendment of section, see § 2 of Public Congestion and Venue Protection Congressional Review Emergency Act of 2005 (D.C. Act 16-31, February 17, 2005, 52 DCR 3014).

    Legislative History of Laws

    For legislative history of D.C. Law 1-82, see Historical and Statutory Notes following § 47-2808.

    Law 7-88, the "District of Columbia Public Hall Regulation Amendment Act of 1987," was introduced in Council and assigned Bill No. 7-220, which was referred to the Committee on Consumer and Regulatory Affairs. The Bill was adopted on first and second readings on November 24, 1987 and December 8, 1987, respectively. Signed by the Mayor on December 22, 1987, it was assigned Act No. 7-126 and transmitted to both Houses of Congress for its review.

    Law 9-160, the "District of Columbia Public Hall Regulation Amendment Act of 1992," was introduced in Council and assigned Bill No. 9-328, which was referred to the Committee on Consumer and Regulatory Affairs. The Bill was adopted on first and second readings on June 2, 1992, and July 7, 1992, respectively. Signed by the Mayor on July 21, 1992, it was assigned Act No. 9- 254 and transmitted to both Houses of Congress for its review. D.C. Law 9-160 became effective on September 29, 1992.

    For legislative history of D.C. Law 11-52, see Historical and Statutory Notes following § 47-2809.

    For legislative history of D.C. Law 12-261, see Historical and Statutory Notes following § 47-2801.

    For Law 15-38, see notes following § 47-2404.

    Law 15-187, the "Omnibus Alcoholic Beverage Amendment Act 2004", was introduced in Council and assigned Bill No. 15-516, which was referred to the Committee on Consumer and Regulatory Affairs.  The Bill was adopted on first and second readings on April 20, 2004, and May 18, 2004, respectively.  Signed by the Mayor on June 23, 2004, it was assigned Act No. 15-442 and transmitted to both Houses of Congress for its review.   D.C. Law 15-187 became effective on September 30, 2004.

    Law 15-201, the "Public Congestion and Venue Protection Temporary Act of 2004", was introduced in Council and assigned Bill No. 15-860, and was retained by Council. The Bill was adopted on first and second readings on June 1, 2004, and June 29, 2004, respectively. Signed by the Mayor on July 19, 2004, it was assigned Act No. 15-475 and transmitted to both Houses of Congress for its review. D.C. Law 15-201 became effective on December 7, 2004.

    Law 15-314, the "Public Congestion and Venue Protection Temporary Amendment Act of 2004", was introduced in Council and assigned Bill No. 15-1099, and was retained by Council.  The Bill was adopted on first and second readings on November 9, 2004, and December 7, 2004, respectively.   Signed by the Mayor on December 29, 2004, it was assigned Act No. 15-711 and transmitted to both Houses of Congress for its review.  D.C. Law 15-314 became effective on April 8, 2005.

    For Law 15-354, see notes following § 47-340.03.

    References in Text

    Title 25, referred to in subsection (b-2) of this section, was amended and enacted by D.C. Law 13-298, effective May 3, 2001. Chapter 1 of former Title 25 embraced all sections in that title. For current provisions of Title 25, see § 25-101 et seq.

    Delegation of Authority

    Delegation of authority under D.C. Law 9-160, the District of Columbia Public Hall Regulation Amendment Act of 1992, see Mayor's Order 92-130, October 22, 1992.

    Delegation of authority under D.C. Law 9-160, the District of Columbia Public Hall Regulation Amendment Act of 1992, see Mayor's Order 92-130, October 22, 1992.

    Miscellaneous Notes

    Office of Major and Superintendent of Metropolitan Police abolished: The Office of the Major and Superintendent of Metropolitan Police was abolished and all functions of that office transferred to and vested in the Chief of Police. The Assistant Superintendent, Executive Officer of the Metropolitan Police Department was designated "Deputy Chief of Police. Executive Officer"; the Assistant Superintendent of the Metropolitan Police in command of the Detective Bureau was designated "Deputy Chief of Police, Chief of Detectives"; and each other Assistant Superintendent of the Metropolitan Police was designated "Deputy Chief of Police" by Reorganization Order No. 7, dated September 16, 1952. Reorganization Order No. 7 was replaced by Organization Order No. 153, dated November 10, 1966.

    Office of Chief Engineer abolished: The Office of Chief Engineer of the Fire Department was abolished and all functions of that office transferred to and vested in the Fire Chief. The Deputy Chief Engineer of the Fire Department was designated "Deputy Fire Chief," and the Battalion Chief Engineer was designated "Battalion Fire Chief" by Reorganization Order No. 6, dated September 16, 1952, issued pursuant to Reorganization Plan No. 5 of 1952. Reorganization Order No. 38, dated June 18, 1953, established a Fire Department headed by the Fire Chief. The Fire Chief was given full authority over the Department to be exercised in accordance with applicable laws, rules and regulations. The Order set up the organization of the Department, and provided that the previously existing Fire Department was abolished and its functions transferred to the new Department. This Order was issued pursuant to Reorganization Plan No. 5 of 1952.

  • Current through October 23, 2012 Back to Top
  • (a) Owners or managers of establishments where bowling alleys, billiard or pool tables, or any table, alley, or board upon which legitimate games are played, shall, when they are operated or conducted for public use, or for profit or gain, pay a license tax of $39 per annum for each such alley, board, or table. No license shall issue under this section without the approval of the Chief of Police; provided, that in case of refusal of said Chief of Police to approve said license, or upon written protest of a majority or more of the property owners or residents of the block in which it is proposed to grant such license, an appeal may be taken to the Mayor of the District of Columbia, whose decision shall be final.

    (b) Any license issued pursuant to this section shall be issued as an Entertainment endorsement to a basic business license under the basic business license system as set forth in subchapter I-A of this chapter.

    (July 1, 1902, 32 Stat. 625, ch. 1352, § 7, par. 21; July 1, 1932, 47 Stat. 553, ch. 366; Apr. 14, 1937, 50 Stat. 63, ch. 77; Sept. 14, 1976, D.C. Law 1-82, title I, § 104(m), 23 DCR 2461; enacted, Apr. 9, 1997, D.C. Law 11- 254, § 2, 44 DCR 1575; Apr. 20, 1999, D.C. Law 12-261, § 2003(pp)(18), 46 DCR 3142; Oct. 28, 2003, D.C. Law 15-32, § 2, 50 DCR 6565; Oct. 28, 2003, D.C. Law 15-38, § 3(hh)(4)(I), 50 DCR 6913.)

    HISTORICAL AND STATUTORY NOTES

    Prior Codifications

    1981 Ed., § 47-2821.

    1973 Ed., § 47-2321.

    Effect of Amendments

    D.C. Law 15-32, in subsec. (a), deleted the last sentence which had read as follows: "All establishments licensed under this section shall be closed during the entire 24 hours of each and every Sunday and between the hours of 1:00 a.m. and 8:00 a.m. on the secular days of the week; provided, however, that bowling alley establishments licensed under this section shall be closed at midnight on Saturday night and shall remain closed until 2:00 p.m."

    D.C. Law 15-38, in subsec. (b), substituted "an Entertainment endorsement to a basic business license under the basic" for "a Class A Entertainment endorsement to a master business license under the master".

    Temporary Amendments of Section

    For temporary (225 day) amendment of section, see § 2 of Bowling Alley and Billiard Parlor Temporary Act of 2002 (D.C. Law 14-289, April 4, 2003, law notification 50 DCR 5847).

    Emergency Act Amendments

    For temporary (90 day) amendment of section, see § 2 of Bowling Alley and Billiard Parlor Emergency Act of 2002 (D.C. Act 14-594, January 7, 2003, 50 DCR 644).

    For temporary (90 day) amendment of section, see § 3(hh)(4)(I) of Streamlining Regulation Emergency Act of 2003 (D.C. Act 15-145, August 11, 2003, 50 DCR 6896).

    Legislative History of Laws

    For legislative history of D.C. Law 1-82, see Historical and Statutory Notes following § 47-2808.

    For legislative history of D.C. Law 12-261, see Historical and Statutory Notes following § 47-2801.

    Law 15-32, the "Bowling Alley and Billiard Parlor Act of 2003", was introduced in Council and assigned Bill No. 15-4, which was referred to the Committee on Consumer and Regulatory Affairs.  The Bill was adopted on first and second readings on June 3, 2003, and July 8, 2003, respectively.   Signed by the Mayor on July 29, 2003, it was assigned Act No. 15-108 and transmitted to both Houses of Congress for its review.  D.C. Law 15-32 became effective on October 28, 2003.

    For Law 15-38, see notes following § 47-2404.

    Miscellaneous Notes

    Office of Major and Superintendent of Metropolitan Police abolished: The Office of the Major and Superintendent of Metropolitan Police was abolished and all functions of that office transferred to and vested in the Chief of Police. The Assistant Superintendent, Executive Officer of the Metropolitan Police Department was designated "Deputy Chief of Police, Executive Officer"; the Assistant Superintendent of the Metropolitan Police in command of the Detective Bureau was designated "Deputy Chief of Police, Chief of Detectives"; and each other Assistant Superintendent of the Metropolitan Police was designated "Deputy Chief of Police" by Reorganization Order No. 7, dated September 16, 1952. Reorganization Order No. 7 was replaced by Organization Order No. 153, dated November 10, 1966.

  • Current through October 23, 2012 Back to Top
  • (July 1, 1902, 32 Stat. 625, ch. 1352, § 7, par. 22; July 1, 1932, 47 Stat. 554, ch. 366; 1973 Ed., § 47-2322; enacted, Apr. 9, 1997, D.C. Law 11-254, § 2, 44 DCR 1575; Apr. 20, 1999, D.C. Law 12-261, § 2003(pp)(19), 46 DCR 3142.)

    HISTORICAL AND STATUTORY NOTES

    Prior Codifications

    1981 Ed., § 47-2822.

    1973 Ed., § 47-2322.

    Legislative History of Laws

    For legislative history of D.C. Law 12-261, see Historical and Statutory Notes following § 47-2801.

    Miscellaneous Notes

    Office of Inspector of Buildings abolished: Section 3 of the Act of December 20, 1944, 58 Stat. 822, ch. 611, transferred all the duties, powers, rights, and authority of the Inspector of Buildings of the District of Columbia to the Director of Inspection of the District of Columbia. The Department of Inspections was abolished and the functions thereof transferred to the Board of Commissioners of the District of Columbia by Reorganization Plan No. 5 of 1952. Reorganization Order No. 55 of the Board of Commissioners, dated June 30, 1953, and amended August 13, 1953, and December 17, 1953, established under the direction and control of a Commissioner, a Department of Licenses and Inspections headed by a Director. The Order set out the purpose, organization, and functions of the new department. The Order provided that all of the functions and positions of the following named organizations were transferred to the new Department of Licenses and Inspections: The Department of Inspections including the Engineering Section, the Building Inspection Section, the Electrical Section, the Elevator Inspection Section, the Fire Safety Inspection Section, the Plumbing Inspection Section, the Smoke and Boiler Inspection Section, and the Administrative Section, and similarly the Department of Weights, Measures and Markets, the License Bureau, the License Board, the License Committee, the Board of Special Appeals, the Board for the Condemnation of Dangerous and Unsafe Buildings, and the Central Permit Bureau. The Order provided that in accordance with the provisions of Reorganization Plan No. 5 of 1952, the named organizations were abolished. The executive functions of the Board of Commissioners were transferred to the Commissioner of the District of Columbia by § 401 of Reorganization Plan No. 3 of 1967. Functions vested in the Department of Licenses and Inspection by Reorganization Order No. 55 were transferred to the Director of the Department of Economic Development by Commissioner's Order No. 69-96, dated March 7, 1969. The Department of Economic Development was replaced by Mayor's Order No. 78-42, dated February 17, 1978, which Order established the Department of Licenses, Investigation and Inspections.

    Office of Major and Superintendent of Metropolitan Police abolished: The Office of the Major and Superintendent of Metropolitan Police was abolished and all functions of that office transferred to and vested in the Chief of Police. The Assistant Superintendent, Executive Officer of the Metropolitan Police Department was designated "Deputy Chief of Police, Executive Officer"; the Assistant Superintendent of the Metropolitan Police in command of the Detective Bureau was designated "Deputy Chief of Police, Chief of Detectives"; and each other Assistant Superintendent of the Metropolitan Police was designated "Deputy Chief of Police" by Reorganization Order No. 7, dated September 16, 1952. Reorganization Order No. 7 was replaced by Organization Order No. 153, dated November 10, 1966.

  • Current through October 23, 2012 Back to Top
  • (a)(1) Owners or managers of grounds used for baseball, football, or other athletic exhibitions to which an admission fee is charged, directly or indirectly, shall pay a license fee of $17 per annum.

    (2) When, in the opinion of the Chief of Police and Fire Chief of the District of Columbia, or either of them, it is necessary to post policemen or firemen, or both, at, on, and about the licensed premises for the protection of the public safety, in addition to the license fee provided for above, such owners or managers shall pay a further monthly permit fee, to be determined monthly by the said Chief of Police and Fire Chief, or either of them, based upon a reasonable estimate of the number of hours to be spent by policemen and firemen, or either of them, at, on, and about the licensed premises, such fee to be payable in advance on the first day of the month for which the permit is sought. Policemen and firemen so assigned shall be charged for by the hour at the basic hourly wage rate of the policemen and firemen so assigned in effect on the first day of the month for which the permit is sought.

    (b) Owners or managers of grounds used for amusement parks, to which an admission is charged, directly or indirectly, other than those used for athletic exhibitions, shall pay a license fee of $208 per annum. Annual licenses issued under this section shall date from April 1st in each year.

    (c) Any license issued pursuant to this section shall be issued as an Entertainment endorsement to a basic business license under the basic business license system as set forth in subchapter I-A of this chapter.

    (July 1, 1902, 32 Stat. 625, ch. 1352, § 7, par. 23; July 1, 1932, 47 Stat. 554, ch. 366; June 29, 1948, 62 Stat. 1109, ch. 735, § 3; Sept. 14, 1976, D.C. Law 1-82, title I, § 104(n), 23 DCR 2461; enacted, Apr. 9, 1997, D.C. Law 11-254, § 2, 44 DCR 1575; Apr. 20, 1999, D.C. Law 12-261, § 2003(pp)(20), 46 DCR 3142; Oct. 28, 2003, D.C. Law 15-38, § 3(hh)(4)(J), 50 DCR 6913.)

    HISTORICAL AND STATUTORY NOTES

    Prior Codifications

    1981 Ed., § 47-2823.

    1973 Ed., § 47-2323.

    Effect of Amendments

    D.C. Law 15-38, in subsec. (c), substituted "an Entertainment endorsement to a basic business license under the basic" for "a Class A Entertainment endorsement to a master business license under the master".

    Emergency Act Amendments

    For temporary (90 day) amendment of section, see § 3(hh)(4)(J) of Streamlining Regulation Emergency Act of 2003 (D.C. Act 15-145, August 11, 2003, 50 DCR 6896).

    Legislative History of Laws

    For legislative history of D.C. Law 1-82, see Historical and Statutory Notes following § 47-2808.

    For legislative history of D.C. Law 12-261, see Historical and Statutory Notes following § 47-2801.

    For Law 15-38, see notes following § 47-2404.

    Miscellaneous Notes

    Office of Major and Superintendent of Metropolitan Police abolished: The Office of the Major and Superintendent of Metropolitan Police was abolished and all functions of that office transferred to and vested in the Chief of Police. The Assistant Superintendent, Executive Officer of the Metropolitan Police Department was designated "Deputy Chief of Police, Executive Officer"; the Assistant Superintendent of the Metropolitan Police in command of the Detective Bureau was designated "Deputy Chief of Police, Chief of Detectives"; and each other Assistant Superintendent of the Metropolitan Police was designated "Deputy Chief of Police" by Reorganization Order No. 7, dated September 16, 1952. Reorganization Order No. 7 was replaced by Organization Order No. 153, dated November 10, 1966.

    Office of Chief Engineer abolished: The Office of Chief Engineer of the Fire Department was abolished and all functions of that office transferred to and vested in the Fire Chief. The Deputy Chief Engineer of the Fire Department was designated "Deputy Fire Chief," and the Battalion Chief Engineer was designated "Battalion Fire Chief" by Reorganization Order No. 6, dated September 16, 1952, issued pursuant to Reorganization Plan No. 5 of 1952. Reorganization Order No. 38, dated June 18, 1953, established a Fire Department headed by the Fire Chief. The Fire Chief was given full authority over the Department to be exercised in accordance with applicable laws, rules and regulations. The Order set up the organization of the Department, and provided that the previously existing Fire Department was abolished and its functions transferred to the new Department. This Order was issued pursuant to Reorganization Plan No. 5 of 1952.

  • Current through October 23, 2012 Back to Top
  • (a) Owners or managers of swimming pools, indoor or outdoor, shall pay a license fee of $319 per annum.

    (b) Any license issued pursuant to this section shall be issued as a Public Health: Public Accommodations endorsement to a basic business license under the basic business license system as set forth in subchapter I-A of this chapter.

    (July 1, 1902, 32 Stat. 625, ch. 1352, § 7, par. 24; July 1, 1932, 47 Stat. 554, ch. 366; Sept. 14, 1976, D.C. Law 1-82, title I, § 104(o), 23 DCR 2461; enacted, Apr. 9, 1997, D.C. Law 11-254, § 2, 44 DCR 1575; Apr. 20, 1999, D.C. Law 12-261, § 2003(pp)(21), 46 DCR 3142; Oct. 28, 2003, D.C. Law 15-38, § 3(hh)(4)(K), 50 DCR 6913.)

    HISTORICAL AND STATUTORY NOTES

    Prior Codifications

    1981 Ed., § 47-2824.

    1973 Ed., § 47-2324.

    Effect of Amendments

    D.C. Law 15-38, in subsec. (b), substituted "Public Health: Public Accommodations endorsement to a basic business license under the basic" for "Class A Public Health: Public Accommodations endorsement to a master business license under the master".

    Emergency Act Amendments

    For temporary (90 day) amendment of section, see § 3(hh)(4)(K) of Streamlining Regulation Emergency Act of 2003 (D.C. Act 15-145, August 11, 2003, 50 DCR 6896).

    Legislative History of Laws

    For legislative history of D.C. Law 1-82, see Historical and Statutory Notes following § 47-2808.

    For legislative history of D.C. Law 12-261, see Historical and Statutory Notes following § 47-2801.

    For Law 15-38, see notes following § 47-2404.

  • Current through October 23, 2012 Back to Top
  • (a) Proprietors or owners of a circus transported by railroad into the District of Columbia shall pay a license fee of $19 per day for each carload of circus equipment, and proprietors or owners of any circus transported by wagons or motor trucks into the District of Columbia shall pay a license tax of $14 per day for each motortruck load or wagon load of circus equipment, but not to exceed $875 per day.

    (b) Any license issued pursuant to this section shall be issued as an Entertainment endorsement to a basic business license under the basic business license system as set forth in subchapter I-A of this chapter.

    (July 1, 1902, 32 Stat. 626, ch. 1352, § 7, par. 25; July 1, 1932, 47 Stat. 554, ch. 366; Sept. 14, 1976, D.C. Law 1-82, title I, § 104(p), 23 DCR 2461; enacted, Apr. 9, 1997, D.C. Law 11-254, § 2, 44 DCR 1575; Apr. 20, 1999, D.C. Law 12-261, § 2003(pp)(22), 46 DCR 3142; Oct. 28, 2003, D.C. Law 15-38, § 3(hh)(4)(L), 50 DCR 6913.)

    HISTORICAL AND STATUTORY NOTES

    Prior Codifications

    1981 Ed., § 47-2825.

    1973 Ed., § 47-2325.

    Effect of Amendments

    D.C. Law 15-38, in subsec. (b), substituted "an Entertainment endorsement to a basic business license under the basic" for "a Class A Entertainment endorsement to a master business license under the master".

    Emergency Act Amendments

    For temporary (90 day) amendment of section, see § 3(hh)(4)(L) of Streamlining Regulation Emergency Act of 2003 (D.C. Act 15-145, August 11, 2003, 50 DCR 6896).

    Legislative History of Laws

    For legislative history of D.C. Law 1-82, see Historical and Statutory Notes following § 47-2808.

    For legislative history of D.C. Law 12-261, see Historical and Statutory Notes following § 47-2801.

    For Law 15-38, see notes following § 47-2404.

  • Current through October 23, 2012 Back to Top
  • (a) Owners, managers, or promoters of carnivals or fairs, by whatsoever name called, conducted for profit or gain, and not held in any building or structure licensed under this chapter, shall pay a license fee of $158 per day.

    (b) The Mayor may adjust the license fee set in subsection (a) of this section to cover the costs to the District of providing police, fire, and other public services that are necessary to protect public health and safety. All funds received but not expended in a fiscal year shall revert to the unrestricted fund balance of the General Fund of the District of Columbia.

    (c) Any license issued pursuant to this section shall be issued as an Entertainment endorsement to a basic business license under the basic business license system as set forth in subchapter I-A of this chapter.

    (July 1, 1902, 32 Stat. 626, ch. 1352, § 7, par. 26; July 1, 1932, 47 Stat. 554, ch. 366; Sept. 14, 1976, D.C. Law 1-82, title I, § 104(q), 23 DCR 2461; Mar. 16, 1995, D.C. Law 10-224, § 2(a), 41 DCR 8055; Mar. 21, 1995, D.C. Law 10-234, § 2(a), 42 DCR 28; Apr. 9, 1997, D.C. Law 11-198, § 105, 44 DCR 1730; enacted, Apr. 9, 1997, D.C. Law 11-254, § 2, 44 DCR 1575; Apr. 20, 1999, D.C. Law 12-261, § 2003(pp)(23), 46 DCR 3142; Oct. 28, 2003, D.C. Law 15-38, § 3(hh)(4)(M), 50 DCR 6913; Sept. 14, 2011, D.C. Law 19-21, § 9034, 58 DCR 6226.)

    HISTORICAL AND STATUTORY NOTES

    Prior Codifications

    1981 Ed., § 47-2826.

    1973 Ed., § 47-2326.

    Effect of Amendments

    D.C. Law 15-38, in subsec. (c), substituted "an Entertainment endorsement to a basic business license under the basic" for "a Class A Entertainment endorsement to a master business license under the master".

    D.C. Law 19-21, in subsec. (b), inserted "All funds received but not expended in a fiscal year shall revert to the unrestricted fund balance of the General Fund of the District of Columbia."

    Temporary Amendments of Section

    For temporary (225 day) amendment of section, see § 1201(a) of Budget Spending Reduction Temporary Amendment Act of 1994 (D.C. Law 10-253, March 23, 1995, law notification 42 DCR 1652).

    For temporary (225 day) amendment of section, see § 103 of Fiscal Year 1997 Budget Support Temporary Amendment Act of 1996 (D.C. Law 11-226, April 9, 1997, law notification 46 DCR 2584).

    Emergency Act Amendments

    For temporary amendment of section, see § 2(a) of the Budget Spending Reduction Emergency Amendment Act of 1994 (D.C. Act 10-339, November 22, 1994, 41 DCR 7702) and § 2(a) of the Budget Spending Reduction Congressional Adjournment Emergency Amendment Act of 1995 (D.C. Act 11-13, February 28, 1995, 42 DCR 1162).

    For temporary amendment of section, see § 107 of the Fiscal Year 1997 Budget Support Emergency Act of 1996 (D.C. Act 11-302, July 25, 1996, 43 DCR 4181), and see § 103 of the Fiscal Year 1997 Budget Support Emergency Amendment Act of 1996 (D.C. Act 11-429, October 29, 1996, 43 DCR 6151).

    For temporary amendment of section, see § 103 of the Fiscal Year 1997 Budget Support Congressional Adjournment Emergency Amendment Act of 1997 (D.C. Act 12- 2, February 19, 1997, 44 DCR 1590).

    For temporary (90 day) amendment of section, see § 3(hh)(4)(M) of Streamlining Regulation Emergency Act of 2003 (D.C. Act 15-145, August 11, 2003, 50 DCR 6896).

    Legislative History of Laws

    For legislative history of D.C. Law 1-82, see Historical and Statutory Notes following § 47-2808.

    Law 10-234, the "Budget Spending Reduction Amendment Act of 1994," was introduced in Council and assigned Bill No. 10-763, which was referred to the Committee of the Whole. The Bill was adopted on first and second readings on November 1, 1994, and December 6, 1994, respectively. Signed by the Mayor on December 27, 1994, it was assigned Act No. 10-377 and transmitted to both Houses of Congress for its review. D.C. Law 10-234 became effective on March 21, 1995.

    Law 11-198, the "Fiscal Year 1997 Budget Support Act of 1996," was introduced in Council and assigned Bill No. 11-741, which was referred to the Committee on the Whole. The Bill was adopted on first and second readings on June 19, 1996, and July 3, 1996, respectively. Signed by the Mayor on July 26, 1996, it was assigned Act No. 11-360 and transmitted to both Houses of Congress for its review. D.C. Law 11-198 became effective on April 9, 1997.

    For legislative history of D.C. Law 12-261, see Historical and Statutory Notes following § 47-2801.

    For Law 15-38, see notes following § 47-2404

    For history of Law 19-21, see notes under § 47-305.02.

    Miscellaneous Notes

    Mayor authorized to issue rules: Section 2(b) of D.C. Law 10-361 provided that the Mayor shall establish by rule a schedule of license fees for special events held on public space to cover the costs to the District providing police, fire, and other public services that are necessary to protect public health and safety.

  • Current through October 23, 2012 Back to Top
  • (a) Commission merchants dealing in food or food products shall pay a license fee of $645 per annum.

    (b)(1) Owners or managers of bakeries, candy-manufacturing establishments, grocery stores, marine products or fish sold at retail, meat shops and market stands handling food or food products shall pay a license fee of $222 biennially.

    (2) If any licensee under this section shall conduct upon the same premises more than one calling listed in paragraph (1) of this subsection, no additional fee shall be required.

    (3)(A) Subject to the provisions of subparagraph (B) of this paragraph, a grocery store that is a development of a qualified supermarket as defined in § 47-3801, shall be exempt from the license fee imposed by this subsection for the first 10 years beginning after the date of issuance of the final certificate of occupancy for the supermarket.

    (B) The license fee exemption granted by subparagraph (A) of this paragraph shall apply only:

    (i) During the time that the real property is used as a supermarket;

    (ii) In the case of the development of a qualified supermarket on real property not owned by the supermarket, if the owner of the real property leases the land or structure to the supermarket at a fair market rent reduced by the amount of the real property tax exemption provided by § 47-1002(23); and

    (iii) During the time that the supermarket development is in compliance with the requirements of subchapter X of Chapter 2 of Title 2.

    (c) Owners or managers of delicatessens, ice cream parlors, soda fountains, or soft drink establishments shall pay a license fee of $133 per annum; provided, that if any licensee hereunder shall conduct upon the same premises more than 1 of the callings herein listed, or listed in subsection (b) of this section, no additional fee shall be required.

    (d) Owners or managers of ice cream manufacturing establishments shall pay a license fee of $1,050 per annum; provided, that if any licensee hereunder shall conduct upon the same premises more than 1 of the callings listed in subsections (b) and (c) of this section, no additional fee shall be required.

    (e)(1) Owners or managers of restaurants or private clubs shall pay a license fee based upon seating capacity as follows:

           (A)  0-10 seats ....................................... $133 per annum;

           (B)  11-50 seats ...................................... $166 per annum;

           (C)  51-100 seats ................................. $199 per annum; and

           (D)  101 seats and over ............................... $232 per annum.

     

    (2) Within the meaning of this subsection a restaurant shall be any place where food or refreshments are served to transient customers to be eaten on the premises where sold.

    (3) Licenses to operate restaurants or cafeterias in the District of Columbia public schools shall be issued at no charge to the Board of Education.

    (4) If any licensee hereunder shall conduct upon the same premises more than 1 of the callings listed in subsections (b) and (c) of this section, no additional fee shall be required.

    (f) Wholesale dealers in fish or other marine products shall pay a license fee of $429 per annum.

    (g) Owners or managers of dairies shall pay a license fee of $3,300 per annum.

    (h) All dealers in food or food products not listed herein, or elsewhere in this chapter shall pay a license fee of $111 per annum.

    (i) Licenses for Candy Manufacturers, Commercial Merchant Food, Ice Cream Manufacturers, Marine Product suppliers, and other wholesale food establishments shall be issued under the master business license system as a Food Establishments: Wholesale endorsement to a basic business license under the basic business license system as set forth in subchapter I-A of this chapter.

    (j) Licenses for Bakeries, Delicatessens, Food Product suppliers, Groceries, Supermarkets, and other retail food establishments shall be issued under the master business license system as a Food Establishments: Retail endorsement to a basic business license under the basic business license system as set forth in subchapter I-A of this chapter.

    (k) The Mayor may adjust, by rule, the fees established by this section.

    (July 1, 1902, 32 Stat. 626, ch. 1352, § 7, par. 27; July 1, 1932, 47 Stat. 554, ch. 366; Sept. 14, 1976, D.C. Law 1-82, title I, § 104(r), 23 DCR 2461; Sept. 29, 1988, D.C. Law 7-173, § 6, 35 DCR 5758; Sept. 26, 1995, D.C. Law 11-52, § 302(e), 42 DCR 3684; enacted, Apr. 9, 1997, D.C. Law 11- 254, § 2, 44 DCR 1575; Apr. 20, 1999, D.C. Law 12-261, § 2003(pp)(24), 46 DCR 3142; Oct. 4, 2000, D.C. Law 13-166, 3(d), 47 DCR 5821; Oct. 28, 2003, D.C. Law 15-38, § 3(hh)(4)(N), 50 DCR 6913; Sept. 24, 2010, D.C. Law 18-223, § 5052, 57 DCR 6242.)

    HISTORICAL AND STATUTORY NOTES

    Prior Codifications

    1981 Ed., § 47-2827.

    1973 Ed., § 47-2327.

    Effect of Amendments

    D.C. Law 13-166, rewrote subsec. (b)(3), which previously read:

    "(A) Subject to the provisions of subparagraph (B) of this paragraph a grocery store that is a supermarket development as that term is defined in § 47-3801(3) in an underserved area of the District approved pursuant to § 47-3803, shall be exempt from the license fee imposed by this subsection for the first 5 years beginning after the date of issuance of the final certificate of occupancy for the supermarket.

    "(B) The license fee exemption granted by subparagraph (A) of this paragraph shall apply:

    "(i) Only during the time that the real property is used as a supermarket;

    "(ii) In the case of a supermarket development on real property not owned by the supermarket, only if the owner of the real property leases the land or structure to the supermarket at a rent reduced from the fair market rent by an amount equal to the amount of the real property tax exemption provided by § 47- 1002(23);

    "(iii) Only during the time that the supermarket development is in compliance with the requirements of § 1-1161 et seq.; and

    "(iv) In the case of a supermarket development that is a new supermarket, only if at the time construction of the new supermarket commenced no other supermarket, as that term is defined in § 47-3801(2), existed within a one mile radius of the new supermarket."

    D.C. Law 15-38, in subsec. (i), substituted "Food Establishments: Wholesale endorsement to a basic business license under the basic" for "Class A Food Establishments: Wholesale endorsement to a master business license under the master"; and in subsec. (j), substituted "Food Establishments: Retail endorsement to a basic business license under the basic" for "Class A Food Establishments: Retail endorsement to a master business license under the master".

    D.C. Law 18-223 added subsec. (k).

    Emergency Act Amendments

    For temporary amendment of section, see § 302(e) of the Omnibus Budget Support Emergency Act of 1995 (D.C. Act 11-44, April 28, 1995, 42 DCR 2217) and § 302(e) of the Omnibus Budget Support Congressional Review Emergency Act of 1995 (D.C. Act 11-124, July 27, 1995, 42 DCR 4160).

    For temporary amendment of D.C. Act 11-44, see § 303 of the Omnibus Budget Support Congressional Review Emergency Act of 1995 (D.C. Act 11-124, July 27, 1995, 42 DCR 4160).

    For temporary (90 day) amendment of section, see § 3(hh)(4)(N) of Streamlining Regulation Emergency Act of 2003 (D.C. Act 15-145, August 11, 2003, 50 DCR 6896).

    For temporary (90 day) amendment of section, see § 5052 of Fiscal Year 2011 Budget Support Emergency Act of 2010 (D.C. Act 18-463, July 2, 2010, 57 DCR 6542).

    Legislative History of Laws

    For legislative history of D.C. Law 1-82, see Historical and Statutory Notes following § 47-2808.

    For legislative history of D.C. Law 7-173, see Historical and Statutory Notes following § 47-3801.

    For legislative history of D.C. Law 11-52, see Historical and Statutory Notes following § 47-2809.

    For legislative history of D.C. Law 12-261, see Historical and Statutory Notes following § 47-2801.

    Law 13-166, the "Supermarket Tax Exemption Act of 2000," was introduced in Council and assigned Bill No. 13-88, which was referred to the Committee on Finance and Revenue. The Bill was adopted on first and second readings on May 3, 2000, and June 6, 2000, respectively. Signed by the Mayor on June 26, 2000, it was assigned Act No. 13-365 and transmitted to both Houses of Congress for its review. D.C. Law 13-166 became effective on October 4, 2000.

    For Law 15-38, see notes following § 47-2404.

    For Law 18-223, see notes following § 47-355.05.

    Delegation of Authority

    Delegation of authority pursuant to an Act Making Appropriations to provide for the expenses of the government of the District of Columbia for the fiscal year ending June thirtieth, nineteen hundred and three, and for other purposes, see Mayor's Order 98-139, August 20, 1998 (45 DCR 6591).

    Miscellaneous Notes

    Short title: Section 5051 of D.C. Law 18-223 provided that subtitle F of title V of the act may be cited as the "Department of Health Fee Modifications Amendment Act of 2010".

  • Current through October 23, 2012 Back to Top
  • (a) The Council of the District of Columbia is authorized and empowered to classify, according to use, method of operation, and size, buildings containing living or lodging quarters of every description, to require licenses for the business operated in each such building as in its judgment requires inspection, supervision or regulation by any municipal agency or agencies, and the Mayor of the District of Columbia is authorized and empowered to fix a schedule of license fees therefor in such amount as, in his judgment, will be commensurate with the cost to the District of Columbia of such inspection, supervision or regulation: owners of residential buildings in which one or more dwelling units or rooming units are offered for rent or lease shall obtain from the Mayor a license to operate such business.

    (b) Licenses for hotels, inns and motels, boarding houses and rooming houses, bed and breakfasts, and other transient Housing businesses shall be issued under the basic business license system as a Housing: Transient endorsement on a basic business license.

    (c) Licenses for apartment houses, all community based residential facilities, and other residential Housing businesses shall be issued under the basic business license system as a Housing: Residential endorsement on a basic business license.

    (d) Licenses for businesses engaged in home improvement services issued under this section shall be issued as a General Services and Repair endorsement to a basic business license under the basic business license system as set forth in subchapter I-A of this chapter.

    (July 1, 1902, 32 Stat. 626, ch. 1352, § 7, par. 28; July 1, 1932, 47 Stat. 555, ch. 366; July 22, 1947, 61 Stat. 402, ch. 296, § 3; July 25, 1995, D.C. Law 11-30, § 10, 42 DCR 1547; enacted, Apr. 9, 1997, D.C. Law 11-254, § 2, 44 DCR 1575; Apr. 20, 1999, D.C. Law 12-261, § 2003(pp)(25), 46 DCR 3142; Oct. 28, 2003, D.C. Law 15-38, § 2(b), 50 DCR 6913.)

    HISTORICAL AND STATUTORY NOTES

    Prior Codifications

    1981 Ed., § 47-2828.

    1973 Ed., § 47-2328.

    Effect of Amendments

    D.C. Law 15-38, in subsec. (b), substituted "bed and breakfasts, and other transient Housing businesses shall be issued under the basic business license system as a Housing:  Transient endorsement on a basic business license" for "and other transient Class A Housing businesses shall be issued under the master business license system as a Class A Housing:   Transient endorsement on a master license";  in subsec. (c), substituted "all community based residential facilities, and other residential Housing businesses shall be issued under the basic business license system as a Housing:   Residential endorsement on a basic business license" for "cooperative associations, and other residential Class A Housing businesses shall be issued under the master business license system as a Class A Housing:  Residential endorsement on a master license";  and, in subsec. (d), substituted "General Services and Repair endorsement to a basic business license under the basic business license system" for "Class B General Services and Repair endorsement to a master business license under the master business license system".

    Emergency Act Amendments

    For temporary (90 day) amendment of section, see § 2(b) of Streamlining Regulation Emergency Act of 2003 (D.C. Act 15-145, August 11, 2003, 50 DCR 6896).

    Legislative History of Laws

    Law 11-30, the "Technical Amendments Act of 1995," was introduced in Council and assigned Bill No. 11-58, which was referred to the Committee of the Whole. The Bill was adopted on first and second readings on February 7, 1995, and March 7, 1995, respectively. Signed by the Mayor on March 22, 1995, it was assigned Act No. 11-32 and transmitted to both Houses of Congress for its review. D.C. Law 11-30 became effective on July 25, 1995.

    For legislative history of D.C. Law 12-261, see Historical and Statutory Notes following § 47-2801.

    For Law 15-38, see notes following § 47-2404.

  • Current through October 23, 2012 Back to Top
  • (a) Notwithstanding any other provision of law, the District government shall not issue or reissue a license or permit to any applicant for a license or permit if the applicant:

    (1) Owes the District more than $100 in outstanding fines, penalties, or interest assessed pursuant to the following acts or any regulations promulgated under the authority of the following acts, the:

    (A) Litter Control Administrative Act of 1985, effective March 25, 1986 (D.C. Law 6-100; D.C. Official Code § 8-801 et seq.);

    (B) Illegal Dumping Enforcement Act of 1994, effective May 20, 1994 (D. C. Law 10-117; D.C. Official Code § 8-901 et seq.);

    (C) District of Columbia Traffic Adjudication Act of 1978, effective September 12, 1978 (D.C. Law 2-104; D.C. Official Code § 50-2301.01 et seq.);

    (D) Department of Consumer and Regulatory Affairs Civil Infractions Act of 1985, effective October 5, 1985 (D.C. Law 6-42; D.C. Official Code § 2- 1801.01 et seq.);

    (E) District of Columbia Taxicab Commission Establishment Act of 1985, effective March 25, 1986 (D.C. Law 6-97; D.C. Official Code § 50-301 et seq.); or

    (F) The Compulsory/No-Fault Motor Vehicle Insurance Act of 1982, effective September 18, 1982 (D.C. Law 4-155; D.C. Official Code § 31-2401 et seq.)

    (2) Owes the District more than $100 in past due taxes;

    (3) Owes fines assessed to car dealers pursuant to section 2(i) of the District of Columbia Revenue Act of 1937, approved August 17, 1937 (50 Stat. 680; D.C. Official Code § 50-1501.02(i));

    (4) Owes parking fines or penalties assessed by another jurisdiction; provided, that a reciprocity agreement is in effect between the jurisdiction and the District; or

    (5) Owes past due District of Columbia Water and Sewer Authority service charges or fees.

    (b) Any person, partnership, association, trust, or corporation operating or proposing to operate any vehicle or vehicles not confined to rails or tracks for the transportation of passengers for hire over all or any portion of any defined route or routes in the District of Columbia, shall, on or before the first day of October in each year, or before commencing such operation, submit to the Mayor, in triplicate, an application for license, stating therein the name of such person, partnership, association, trust, or corporation, the number and kind of each type of vehicle to be used in such operation, the schedule or schedules and the total number of vehicle miles to be operated with such vehicles within the District of Columbia during the 12-month period beginning with the first day of November in the same year; provided, that the provisions of this subsection shall not apply to companies operating both street railroad and bus services in the District of Columbia which pay taxes to the District of Columbia on their gross receipts; provided, that the provisions of this subsection shall not apply to the Washington Metropolitan Area Transit Authority. The Mayor shall thereupon verify and approve, or return to the applicant for correction and resubmission, each such statement. Upon receipt of the approved copy, and prior to the first day of November in the same year, or before commencing such operation, each such applicant shall pay to the Collector of Taxes, in lieu of any other personal or license tax, in connection with such operation, the sum of $.01 for each vehicle mile proposed to be operated in the District of Columbia in accordance with the application as approved. Upon presentation of the receipt for such payment, the Mayor of the District of Columbia or his designated agent shall issue a license authorizing the applicant to carry on the operations embodied in the approved application. No increase of operations shall be commenced or continued unless and until an application similar to the original and covering such increase in operation shall have been approved and forwarded in the same manner and the corresponding additional payment made and license issued. No license shall be issued under the terms of this subsection without the approval of the Mayor.

    (c) [Repealed].

    (d) Owners of taxicabs shall pay an annual license tax of $25 or an amount set by the District of Columbia Taxicab Commission, but in no event to exceed $100, for each taxicab which is to be operated in the District. The District of Columbia Taxicab Commission is authorized to make all reasonable and usual regulations for the control of taxicabs, and the Mayor shall make and enforce all reasonable and usual regulations he or she may consider necessary for vehicles licensed under the preceding subsections and § 47-2831.

    (e)(1) No person shall engage in driving or operating any vehicle licensed under the terms of subsection (c) of this section without having procured from the Mayor of the District of Columbia a license which shall not be issued except upon evidence satisfactory to the Mayor of the District of Columbia that the applicant is a person of good moral character and is qualified to operate the vehicle, and upon payment of an annual license fee of $75 or an amount set by the Mayor, but in no event to exceed $200. The license shall be displayed within the vehicle at all times while the licensee is engaged in driving any vehicle licensed under the terms of subsection (c) of this section. Application for the license shall be made in the form as shall be prescribed by the Mayor of the District of Columbia. No license issued under the provisions of this subsection shall be assigned or transferred. All operators of taxicabs shall first procure from the District of Columbia Taxicab Commission a license to operate a taxicab, which license shall be personal and nontransferable, upon payment of an annual license fee of $75 or in an amount set by the District of Columbia Taxicab Commission, but in no event to exceed $200. The Commission may issue a license of less than 1 year to operate a taxicab.

    (2) Upon March 15, 1985, the following additional licensing requirements shall apply to all persons who apply for a license to operate any vehicle licensed under the terms of subsection (d) of this section:

    (A) Completion of the hacker's license training course consisting of not less than 24 hours administered exclusively by the University of the District of Columbia ("University") for a fee of not less than $100 for each person. Upon completion of the course the University shall issue a certificate of completion which shall include the date of completion and shall be presented to the Office of Taxicabs with the application for a license. Prior to issuing the certificate the University shall require each person to pass a test consisting of the subject matters taught in the course and an evaluation of the person's English communication skills. The chairperson of the District of Columbia Taxicab Commission, with the approval by majority vote of the full Commission, shall designate appropriate representatives of the Office of Taxicabs, the District of Columbia Taxicab Commission, and representatives of the taxicab industry to advise the University on problems and issues facing the taxicab industry and to assist in developing and implementing the course, and the Mayor shall designate appropriate representatives of the Metropolitan Police Department to participate on the advisory board. At a minimum, this course shall be designed to develop the applicant's knowledge of the following:

    (i) The geography of the District of Columbia, with particular emphasis on major streets and avenues throughout the District of Columbia, significant government buildings and tourist sites, and the boundaries of the zone map;

    (ii) District of Columbia laws and regulations governing the taxicab industry and the penalties for violating these laws and regulations;

    (iii) District of Columbia traffic laws and regulations, including, but not limited to, the rights and duties of motorists, pedestrians, and bicyclists and the penalties for violating these laws and regulations;

    (iv) Public relations skills including appropriate social customs and courtesies which should be extended to the public; and

    (v) Small business practices including methods of accounting and manifest maintenance, fare computations for intra-District of Columbia trips and interstate trips, and general management principles.

    (B) Completion of an examination which shall consist of a minimum of 60 questions, the passing grade of which shall be 70% answered correctly, which shall test:

    (i) The applicant's fitness for licensure based upon knowledge of the location of addresses, significant government buildings, and tourist sites, and an understanding of the Capital City Plan;

    (ii) The applicant's fitness for licensure based upon the areas covered in the hacker's license training course, exclusive of geography;

    (iii) The applicant's knowledge of the District, through a minimum of 5 written questions, which shall require the applicant to state the route to arrive at a destination from a particular location; and

    (iv) Selected areas, through a minimum of 5 oral questions, covered in the hacker's license training course, exclusive of geography, and the applicant's ability to communicate in English.

    (C) Each applicant may repeat the examination 3 times, if necessary. However upon the third failure, the applicant must repeat the hacker's license training course and present a new certificate of completion before repeating the examination. The Office of Taxicabs under the direction of District of Columbia Taxicab Commission shall construct a pool of no less than 300 questions from which the 60 questions shall be drawn for each examination which is administered. This pool shall be kept from public dissemination and shall be substantially revised at a minimum of every 2 years to protect the integrity of the examination.

    (e-1) The District of Columbia Taxicab Commission, through its Panel on Adjudication, shall develop a comprehensive point system to evaluate the record of a person licensed under the terms of subsection (e) of this section, and owners of taxicabs licensed under the terms of this paragraph. The point system or revisions of it shall be approved by resolution of the council. Each violation of every rule or regulation pertaining to the ownership and operation of taxicabs, including violations of general traffic laws and regulations while operating a taxicab, shall be given a point value effective for 3 years. The record maintained by the Office of Taxicabs for each licensee shall be assigned the point value for the violation upon the final determination of liability by the District of Columbia Taxicab Commission's Panel on Adjudication, the Bureau of Traffic Adjudication, or any other governmental body charged with making a final determination of liability. The comprehensive point system shall include the maximum point total to determine when the Office of Taxicabs shall propose to suspend or revoke the license. If the license of a person licensed pursuant to subsection (e) of this section is revoked pursuant to this subsection or other law or regulation, the person must complete the requirements contained in subsection (e)(2)(A) and (B) of this section before the person may receive a new license. If the license of a person licensed pursuant to subsection (e) of this section is suspended pursuant to this subsection or other law or regulation, the licensee must complete the requirements contained in subsection (e)(2)(A) of this section and present to the Mayor of the District of Columbia the certificate of completion for the hacker's training course before the period of suspension is terminated.

    (e-2) After March 25, 1987, the Office of Taxicabs under the direction of the District of Columbia Taxicab Commission, and prior to March 25, 1987, the Department of Public Works shall make the following information available for public inspection: The name of each person licensed under the terms of subsections (c) and (d) of this section; the licensee's annual license number; the name of the association, corporation, or organization that maintains the lease or membership agreement with the licensee; any monetary fine, suspension, or revocation action taken against the licensee; and any points assessed against the licensee in accordance with subsection (e-1) of this section; where applicable, a certificate of completion by the licensee of the training course established pursuant to subsection (e-1) of this section; a record of any criminal conviction of the licensee within the last 3 years; and, any points assessed against the licensee's District of Columbia operators permit. The records shall be cross-referenced to the association, corporation, or organization.

    (e-3) The District of Columbia Taxicab Commission's Panel on Rates and Rules may issue rules to implement the provisions of subsections (e) through (e-2) of this section pursuant to subchapter I of Chapter 5 of Title 2.

    (e-4) After March 25, 1987, the Office of Taxicabs under the direction of the District of Columbia Taxicab Commission, and prior to March 25, 1987, the Department of Public Works shall, by registered mail and within 5 business days of a final decision of suspension, revocation, or non-renewal of a taxicab operator license, notify the association, corporation, organization, or person that maintains a taxicab lease or taxicab association or company membership agreement with the operator that the operator's privilege to operate a taxicab in the District of Columbia has been suspended, revoked, or not renewed. The association, corporation, organization, or person that maintains a lease with the operator shall upon receipt of the notice terminate any lease agreement, written or otherwise, with the operator, and shall take reasonable steps to assure the return to the owner of any vehicle leased to the operator. The District of Columbia Taxicab Commission shall promulgate regulations to carry out the purposes of this subsection, which shall come before the Council of the District of Columbia ("Council") for a 45-day period of review, excluding Saturdays, Sundays, holidays, and days of Council recess. If the Council does not approve or disapprove the proposed regulations, in whole or in part, by resolution within this 45-day review period, the proposed regulations shall be deemed approved.

    (f) All vehicles licensed under this section shall bear such identification tags as the Council of the District of Columbia may from time to time direct; and nothing herein contained shall exempt such vehicles from compliance with the traffic and motor vehicle regulations of the District of Columbia.

    (g) Nothing in this subsection shall be construed to require the procuring of a license, or the payment of a tax, with respect to a vehicle owned or operated by a state or local government or a subdivision or instrumentality thereof which is being used to transport school children, their teachers, or escorts to the District of Columbia from the state in which their school is located.

    (h) Except as otherwise provided in subsections (c) and (d) of this section, owners of motor vehicles for hire used for any purpose, including, but not limited to, owners of ambulances for hire, and owners of passenger vehicles which, when used for hire, are used exclusively for funeral purposes, and, owners of passenger vehicles used exclusively for contract livery services for which the rate is fixed solely by the hour, and owners of passenger vehicles for hire used for sightseeing purposes shall pay a license tax of $25 or an amount set by the Mayor, but not to exceed $100, for each vehicle having a seating capacity of 12 or less passengers exclusive of the driver used in the conduct of their business. License endorsements requested by this subsection, excluding that of ambulances, shall be issued by the Department of Public Works. Licenses requested by this subchapter for ambulances shall be issued by the Department of Health as an Inspected Sales and Services endorsement to a basic business license under the basic business license system as set forth in subchapter I-A of this chapter.

    (i) No person shall engage in driving or operating any vehicle licensed under the terms of subsection (h) of this section without having procured from the Mayor of the District of Columbia or his designated agent a license which shall only be issued upon evidence satisfactory to the Mayor of the District of Columbia, that the applicant is a person of good moral character and is qualified to operate such vehicle, and upon payment of an annual license fee of $75 or an amount set by the Mayor, but in no event to exceed $200. Such license shall be carried upon the person of the licensee or in the vehicle while engaged in driving such vehicle when such vehicle is being used for hire. Application for such license shall be made in such form as shall be prescribed by the Mayor of the District of Columbia. Each annual license issued under the provisions of this paragraph shall be numbered, and there shall be kept in the Office of Taxicabs a record containing the name of each person so licensed, his annual license number and all matters affecting his qualifications to be licensed hereunder. No license issued under the provisions of this subsection shall be assigned or transferred.

    (July 1, 1902, 32 Stat. 626, ch. 1352, § 7, par. 31; July 1, 1932, 47 Stat. 555, ch. 366; Apr. 5, 1939, 53 Stat. 570, ch. 41; July 17, 1939, 53 Stat. 1046, ch. 313, § 3; Jan. 15, 1942, 56 Stat. 3, ch. 2; June 20, 1942, 56 Stat. 375, ch. 428; July 30, 1951, 65 Stat. 126, ch. 247, §§ 1, 2; May 18, 1954, 68 Stat. 119, ch. 218, title XIV, § 1402; July 19, 1954, 68 Stat. 493, ch. 544, § 1; Aug. 30, 1964, 78 Stat. 634, Pub. L. 88-503, § 21; Mar. 5, 1981, D.C. Law 3-139, § 2, 27 DCR 4555; Mar. 15, 1985, D.C. Law 5-178, § 2(a), (b), 32 DCR 757; Mar. 25, 1986, D.C. Law 6-97, § 21(a), 33 DCR 703; Feb. 24, 1987, D.C. Law 6-165, § 2, 33 DCR 6705; Feb. 24, 1987, D.C. Law 6-192, §§ 7, 27, 33 DCR 7836; Aug. 17, 1994, D.C. Law 10-149, § 2, 41 DCR 4485; Sept. 22, 1994, D.C. Law 10-171, § 3, 41 DCR 5149; Apr. 9, 1997, D.C. Law 11-198, § 503, 43 DCR 4569; enacted, Apr. 9, 1997, D.C. Law 11- 254, § 2, 44 DCR 1575; Apr. 20, 1999, D.C. Law 12-261, § 2003(pp)(26), 46 DCR 3142; Oct. 28, 2003, D.C. Law 15-38, § 3(hh)(4)(O), 50 DCR 6913; Nov. 16, 2006, D.C. Law 16-175, § 3, 53 DCR 6499; Mar. 14, 2007, D.C. Law 16-279, § 209(a), 54 DCR 903; Mar. 14, 2007, D.C. Law 16-294, § 7(a), 54 DCR 1086; Mar. 25, 2009, D.C. Law 17-353, §§ 124(b), 250(a), 56 DCR 1117; Mar. 3, 2010, D.C. Law 18-111, § 6051, 57 DCR 181.)

    HISTORICAL AND STATUTORY NOTES

    Prior Codifications

    1981 Ed., § 47-2829.

    1973 Ed., § 47-2331.

    Effect of Amendments

    D.C. Law 15-38, in subsec. (h), substituted "an Inspected Sales and Services endorsement to a basic business license under the basic" for "a Class A Inspected Sales and Services endorsement to a master business license under the master".

    D.C. Law 16-175 repealed subsec. (c), which had read as follows:

    "(c) There is hereby imposed for the privilege of operating vehicles for hire having a seating capacity of more than 12 passengers in addition to the driver or operator, other than those licensed under subsection (b) of this section in the District of Columbia, a license tax of $150 per annum or $10 per day at the option of the operator. The license issued pursuant to this subsection shall be transferable between vehicles operated under the same ownership, management, operation, or control. No such vehicle shall be operated unless there shall be conspicuously displayed thereon a license issued under the terms of this subsection. Annual licenses required by this subsection shall be issued by the Department of Public Works."

    D.C. Law 16-279, rewrote subsec. (a); repealed subsec. (c); and in subsec. (d), deleted the last sentence which had read as follows: "Annual licenses required by this subsection shall be issued by the Department of Public Works." Subsection (c), was previously repealed by Law 16-175. Prior to amendment, subsec. (a) read as follows:

    "(a) Notwithstanding any other provision of law, the District government shall not issue or reissue any license or permit to any applicant for a license or permit if the applicant owes more than $100 in outstanding debt to the District as a result of:

    "(1) Fines, penalties, or interest assessed pursuant to Chapter 8 of Title 8;

    "(2) Fines or penalties assessed pursuant to Chapter 9 of Title 8;

    "(3) Fines, penalties, or interest assessed pursuant to Chapter 18 of Title 2;

    "(4) Past due taxes;

    "(5) Past due District of Columbia Water and Sewer Authority service fees;

    "(6) Fines or penalties assessed pursuant to Chapter 23 of Title 50;

    "(7) Parking fines or penalties assessed by another jurisdiction; provided, that a reciprocity agreement is in effect between the jurisdiction and the District;

    "(8) Fines assessed to car dealers pursuant to [§ 50-1501.02(i)];

    "(9) Fines assessed to pursuant to the Taxicab and Limousine Commission Establishment Amendment Act of 2004, as approved by the Committee on Public Works and the Environment on December 6, 2004 (Committee print of Bill 15- 1085)."

    D.C. Law 16-294 made a technical correction that resulted in no change in text.

    D.C. Law 17-353 validated a previously made technical correction in the repeal of subsec. (c).

    D.C. Law 18-111, in subsec. (e)(1), substituted "$75" for "$35" and "$200" for "$100"; and, in subsec. (i), substituted "$75" for "$5" and "$200" for "$100".

    Temporary Amendments of Section

    For temporary (225 day) amendment of section, see § 503 of Fiscal Year 1997 Budget Support Temporary Amendment Act of 1996 (D.C. Law 11-226, April 9, 1997, law notification 46 DCR 2584).

    Emergency Act Amendments

    For temporary amendment of section, see § 503 of the Fiscal Year 1997 Budget Support Emergency Act of 1996 (D.C. Act 11-302, July 25, 1996, 43 DCR 4181), § 503 of the Fiscal Year 1997 Budget Support Emergency Amendment Act of 1996 (D.C. Act 11-429, October 29, 1996, 43 DCR 6151); and § 503 of the Fiscal Year 1997 Budget Support Congressional Adjournment Emergency Amendment Act of 1997 (D.C. Act 12-2, February 19, 1997, 44 DCR 1590).

    For temporary (90 day) amendment of section, see § 3(hh)(4)(O) of Streamlining Regulation Emergency Act of 2003 (D.C. Act 15-145, August 11, 2003, 50 DCR 6896).

    For temporary (90 day) amendment of section, see § 6051 of Fiscal Year 2010 Budget Support Second Emergency Act of 2009 (D.C. Act 18-207, October 15, 2009, 56 DCR 8234).

    For temporary (90 day) amendment of section, see § 6051 of Fiscal Year Budget Support Congressional Review Emergency Amendment Act of 2009 (D.C. Act 18-260, January 4, 2010, 57 DCR 345).

    For temporary (90 day) amendment of section, see § 2 of Public Vehicle-for-Hire Educational Services Emergency Act of 2012 (D.C. Act 19-544, November 15, 2012, 59 DCR 13588).

    Legislative History of Laws

    Law 3-139, the "District of Columbia Sightseeing Bus Registration Act of 1986," was introduced in Council and assigned Bill No. 3-301, which was referred to the Committee on Finance and Revenue. The Bill was adopted on first and second readings on July 29, 1980 and September 16, 1980, respectively. Signed by the Mayor on October 2, 1980, it was assigned Act No. 3-260 and transmitted to both Houses of Congress for its review.

    Law 5-178, the "Hacker's License Requirements Amendment Act of 1984," was introduced in Council and assigned Bill No. 5-453, which was referred to the Committee on Transportation and Environmental Affairs. The Bill was adopted on first and second readings on December 4, 1984 and December 18, 1984, respectively. Signed by the Mayor on January 11, 1985, it was assigned Act No. 5-243 and transmitted to both Houses of Congress for its review.

    Law 6-97, the "District of Columbia Taxicab Commission Establishment Act of 1985," was introduced in Council and assigned Bill No. 6-159, which was referred to the Committee on Public Services and Cable Television. The Bill was adopted on first and second readings on December 17, 1985, and January 14, 1986, respectively. Signed by the Mayor on January 28, 1986, it was assigned Act No. 6-125 and transmitted to both Houses of Congress for its review.

    Law 6-165, the "Hacker's License Record Keeping Amendment Act of 1986," was introduced in Council and assigned Bill No. 6-334, which was referred to the Committee on Public Works. The Bill was adopted on the first and second readings on July 8, 1986 and September 23, 1986, respectively. Signed by the Mayor on October 9, 1986, it was assigned Act No. 6-211 and transmitted to both Houses of Congress for its review.

    Law 6-192, the "Technical Amendments Act of 1986," was introduced in Council and assigned Bill No. 6-544, which was referred to the Committee of the Whole. The Bill was adopted on first and second readings on November 5, 1986 and November 18, 1986, respectively. Signed by the Mayor on December 10, 1986, it was assigned Act No. 6-246 and transmitted to both Houses of Congress for its review.

    Law 10-149, the "Hacker's License Requirements Amendment Act of 1984 Temporary Amendment Act of 1994," was introduced in Council and assigned Bill No. 10- 646. The Bill was adopted on first and second readings on May 3, 1994, and June 7, 1994, respectively. Signed by the Mayor on June 23, 1994, it was assigned Act No. 10-262 and transmitted to both Houses of Congress for its review. D.C. Law 10-149 became effective on August 17, 1994.

    Law 10-171, the "District of Columbia Taxicab Commission Establishment Act of 1985 Amendment Act of 1994," was introduced in Council and assigned Bill No. 10-538, which was referred to the Committee on Public Services and Youth Affairs. The Bill was adopted on first and second readings on June 21, 1994, and July 5, 1994, respectively. Signed by the Mayor on July 25, 1994, it was assigned Act No. 10-291 and transmitted to both Houses of Congress for its review. D.C. Law 10-171 became effective on September 22, 1994.

    For legislative history of D.C. Law 11-198, see Historical and Statutory Notes following § 47-2826.

    For legislative history of D.C. Law 12-261, see Historical and Statutory Notes following § 47-2801.

    For Law 15-38, see notes following § 47-2404.

    Law 16-175, the "Parking Amendment Act of 2006", was introduced in Council and assigned Bill No. 16-536 which was referred to the Committee on Public Works and environment. The Bill was adopted on first and second readings on June 20, 2006, and July 11, 2006, respectively. Signed by the Mayor on July 21, 2006, it was assigned Act No. 16-453 and transmitted to both Houses of Congress for its review. D.C. Law 16-175 became effective on November 16, 2006.

    Law 16-279, the "Department of Motor Vehicles Service and Safety Amendment Act of 2006", was introduced in Council and assigned Bill No. 16-821, which was referred to Committee on Public Works and Environment. The Bill was adopted on first and second readings on November 14, 2006, and December 5, 2006, respectively. Signed by the Mayor on December 28, 2006, it was assigned Act No. 16-636 and transmitted to both Houses of Congress for its review. D.C. Law 16-279 became effective on March 14, 2007.

    For Law 16-294, see notes following § 47-1803.02.

    For Law 17-353, see notes following § 47-308.

    For Law 18-111, see notes following § 47-305.02.

    Effective Dates

    Section 24(b) of D.C. Law 6-97 provides that §§ 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 20, 21, 22, and 23 shall take effect 1 year after March 25, 1986.

    Miscellaneous Notes

    Law 19-184 amended this section only "upon the inclusion of its fiscal effect in an approved budget and financial plan, as certified by the Chief Financial Officer to the Budget Director of the Council in a certification published by the Council in the District of Columbia Register." As of the most recent updated publication of this section, the certification required for Law 19-184 has not been made. Therefore the amendments have not been incorporated into this section.

  • Current through October 23, 2012 Back to Top
  • (a) The owners or managers of establishments where automobiles or other motor vehicles are kept for rent or lease without a driver shall pay a license fee of $600 biennially for each such establishment; provided, that nothing in this section shall be so construed as to exempt such owners or managers from paying additional license taxes required by this chapter.

    (b) Any license issued pursuant to this section shall be issued as a Motor Vehicles Sales, Services and Repair endorsement to a basic business license under the basic business license system as set forth in subchapter I-A of this chapter.

    (July 1, 1902, 32 Stat. 626, ch. 1352, § 7, par. 32; July 1, 1932, 47 Stat. 557, ch. 366; Sept. 14, 1976, D.C. Law 1-82, title I, § 104(s), 23 DCR 2461; Sept. 26, 1995, D.C. Law 11-52, § 302(f), 42 DCR 3684; enacted, Apr. 9, 1997, D.C. Law 11-254, § 2, 44 DCR 1575; Apr. 20, 1999, D.C. Law 12-261, § 2003(pp)(27), 46 DCR 3142; Oct. 28, 2003, D.C. Law 15-38, § 3(hh) (4)(P), 50 DCR 6913.)

    HISTORICAL AND STATUTORY NOTES

    Prior Codifications

    1981 Ed., § 47-2830.

    1973 Ed., § 47-2332.

    Effect of Amendments

    D.C. Law 15-38, in subsec. (b), substituted "Motor Vehicle Sales, Service, and Repair endorsement to a basic business license under the basic" for "Class A Motor Vehicle Sales, Services and Repair endorsement to a master business license under the master".

    Emergency Act Amendments

    For temporary amendment of section, see § 302(f) of the Omnibus Budget Support Emergency Act of 1995 (D.C. Act 11-44, April 28, 1995, 42 DCR 2217) and § 302(f) of the Omnibus Budget Support Congressional Review Emergency Act of 1995 (D.C. Act 11-124, July 27, 1995, 42 DCR 4160).

    For temporary amendment of D.C. Act 11-44, see § 303 of the Omnibus Budget Support Congressional Review Emergency Act of 1995 (D.C. Act 11-124, July 27, 1995, 42 DCR 4160).

    For temporary (90 day) amendment of section, see § 3(hh)(4)(P) of Streamlining Regulation Emergency Act of 2003 (D.C. Act 15-145, August 11, 2003, 50 DCR 6896).

    Legislative History of Laws

    For legislative history of D.C. Law 1-82, see Historical and Statutory Notes following § 47-2808.

    For legislative history of D.C. Law 11-52, see Historical and Statutory Notes following § 47-2809.

    For legislative history of D.C. Law 12-261, see Historical and Statutory Notes following § 47-2801.

    For Law 15-38, see notes following § 47-2404.

  • Current through October 23, 2012 Back to Top
  • Owners of vehicles for hire, used in hauling goods, wares, or merchandise, and operating from public space, shall pay a license tax of $25 per annum for each vehicle. Stands for such vehicles upon public space may be established in the manner provided in § 50-2201.03. Licenses issued under this section shall date from April 1st of each year, but may be issued on or after March 15th of such year; provided, however, that all licenses issued for a period prior to April 1, 1940, shall expire on March 31, 1940, and the license fee therefor shall be prorated accordingly.

    (July 1, 1902, 32 Stat. 626, ch. 1352, § 7, par. 33; July 1, 1932, 47 Stat. 557, ch. 366; Apr. 5, 1939, 53 Stat. 570, ch. 41; July 17, 1939, 53 Stat. 1046, ch. 313, § 3; enacted, Apr. 9, 1997, D.C. Law 11-254, § 2, 44 DCR 1575.)

    HISTORICAL AND STATUTORY NOTES

    Prior Codifications

    1981 Ed., § 47-2831.

    1973 Ed., § 47-2333.

  • Current through October 23, 2012 Back to Top
  • (a) Owners or managers of establishments where motor vehicles of any description are washed, cleaned, greased, oiled, or repaired, for profit or gain, shall pay a license fee of $30 per annum.

    (b) Any license issued pursuant to this section shall be issued as Motor Vehicles Sales, Services and Repair endorsement to a basic business license under the basic business license system as set forth in subchapter I-A of this chapter.

    (July 1, 1902, 32 Stat. 627, ch. 1352, § 7, par. 34; July 1, 1932, 47 Stat. 557, ch. 366; Sept. 14, 1976, D.C. Law 1-82, title I, § 104(t), 23 DCR 2461; enacted, Apr. 9, 1997, D.C. Law 11-254, § 2, 44 DCR 1575; Apr. 20, 1999, D.C. Law 12-261, § 2003(pp)(28), 46 DCR 3142; Oct. 28, 2003, D.C. Law 15-38, § 3(hh)(4)(Q), 50 DCR 6913.)

    HISTORICAL AND STATUTORY NOTES

    Prior Codifications

    1981 Ed., § 47-2832.

    1973 Ed., § 47-2334.

    Effect of Amendments

    D.C. Law 15-38, in subsec. (b), substituted "Motor Vehicle Sales, Service, and Repair endorsement to a basic business license under the basic" for "Class A Motor Vehicle Sales, Services and Repair endorsement to a master business license under the master".

    Emergency Act Amendments

    For temporary (90 day) amendment of section, see § 3(hh)(4)(Q) of Streamlining Regulation Emergency Act of 2003 (D.C. Act 15-145, August 11, 2003, 50 DCR 6896).

    Legislative History of Laws

    For legislative history of D.C. Law 1-82, see Historical and Statutory Notes following § 47-2808.

    For legislative history of D.C. Law 12-261, see Historical and Statutory Notes following § 47-2801.

    For Law 15-38, see notes following § 47-2404.

  • Current through October 23, 2012 Back to Top
  • Any license or permit for a parking establishment issued under this chapter shall be issued as a General Services and Repair endorsement to a basic business license under the basic business license system as set forth in subchapter I-A of this chapter.

    (Apr. 20, 1999, D.C. Law 12-261, § 2003(pp)(37A), 46 DCR 3142; Apr. 12, 2000, D.C. Law 13-91, § 157(d)(3)-(4), 47 DCR 520; Oct. 28, 2003, D.C. Law 15-38, § 3(hh)(4)(R), 50 DCR 6913.)

    HISTORICAL AND STATUTORY NOTES

    Prior Codifications

    1981 Ed., § 47-2832.1.

    Effect of Amendments

    D.C. Law 15-38 substituted "General Services and Repair endorsement to a basic business license under the basic" for "Class B General Services and Repair endorsement to a master business license under the master".

    Emergency Act Amendments

    For temporary (90 day) amendment of section, see § 3(hh)(4)(R) of Streamlining Regulation Emergency Act of 2003 (D.C. Act 15-145, August 11, 2003, 50 DCR 6896).

    Legislative History of Laws

    For legislative history of D.C. Law 12-261, see Historical and Statutory Notes following § 47-2801.

    Law 13-91, the "Technical Amendments Act of 1999," was introduced in Council and assigned Bill No. 13-435, which was referred to the Committee of the Whole. The Bill was adopted on first and second readings on November 2, 1999, and December 7, 1999, respectively. Signed by the Mayor on December 29, 1999, it was assigned Act No. 13-234 and transmitted to both Houses of Congress for its review. D.C. Law 13-91 became effective on April 12, 2000.

    For Law 15-38, see notes following § 47-2404.

  • Current through October 23, 2012 Back to Top
  • (July 1, 1902, 32 Stat. 627, ch. 1352, § 7, par. 35; July 1, 1932, 47 Stat. 557, ch. 366; 1973 Ed., § 47-2335; Sept. 14, 1976, D.C. Law 1-82, title I, § 104(u), 23 DCR 2461; enacted, Apr. 9, 1997, D.C. Law 11-254, § 2, 44 DCR 1575; Apr. 20, 1999, D.C. Law 12-261, § 2003(pp)(29), 46 DCR 3142.)

    HISTORICAL AND STATUTORY NOTES

    Prior Codifications

    1981 Ed., § 47-2833.

    1973 Ed., § 47-2335.

    Legislative History of Laws

    For legislative history of D.C. Law 1-82, see Historical and Statutory Notes following § 47-2808.

    For legislative history of D.C. Law 12-261, see Historical and Statutory Notes following § 47-2801.

  • Current through October 23, 2012 Back to Top
  • (July 1, 1902, 32 Stat. 627, ch. 1352, § 7, par. 36; July 1, 1932, 47 Stat. 557, ch. 366; Sept. 14, 1976, D.C. Law 1-82, title I, § 104(aa), 23 DCR 2461; Sept. 26, 1984, D.C. Law 5-113, § 501, 31 DCR 3974; enacted, Apr. 9, 1997, D.C. Law 11-254, § 2, 44 DCR 1575; Apr. 29, 1998, D.C. Law 12-86, § 1102, 45 DCR 1172; Apr. 20, 1999, D.C. Law 12-261, § 2003(pp)(30), 46 DCR 3142; Apr. 20, 1999, D.C. Law 12-264, § 52(s), 46 DCR 2118; Oct. 28, 2003, D.C. Law 15-38, § 3(hh)(4)(S), 50 DCR 6913; Apr. 13, 2005, D.C. Law 15-354, § 73(l)(2), 52 DCR 2638; Mar. 8, 2006, D.C. Law 16-72, § 2, 53 DCR 372; Oct. 22, 2009, D.C. Law 18-71, § 12(c)(2), 56 DCR 6619.)

    HISTORICAL AND STATUTORY NOTES

    Prior Codifications

    1981 Ed., § 47-2834.

    1973 Ed., § 47-2336.

    Temporary Amendments of Section

    Section 4 of D.C. Law 16-252 amended subsec. (c) to read as follows:

    "(c) The Director of the Department of Consumer and Regulatory Affairs may, by rule, establish and revise every 2 years a site specific schedule of license fees to replace the fees listed under subsection (a) of this section to reflect the adoption of a regulatory system that assigns specific vending sites and assesses a license fee that reflects the administrative cost of licensure and periodic inspection of food and merchandise vendors."

    Section 7(b) of D.C. Law 16-252 provides that the act shall expire after 225 days of its having taken effect.

    Section 2 of D.C. Law 17-241 added subsec. (c-1) to read as follows:

    "(c-1)(1) No later than July 21, 2008, the Mayor shall establish 14 additional vendor locations to be added to the 28 currently identified to increase the number of viable sites to 42 to adhere to the requirements of subsection (c) of this section.

    "(2) No later than July 21, 2008, the Mayor shall hold a lottery for the 14 additional vending locations and those vendors selected shall be assigned vending locations, as specifically herein provided, for the duration of the 2008 baseball season.

    "(3) The 14 sites assigned pursuant to paragraph (2) of this subsection shall be located as follows:

    "(A) Two sites on First Street, S.E., between N Street, S.E., and N Place, S.E. (Eastside);

    "(B) Two sites on First Street, S.E., between N Place, S.E., and O Street, S.E. (Eastside);

    "(C) Seven sites on Half Street, S.E., between M Street, S.E., and N Street, S.E. (Westside); and

    "(D) Three sites on N Street, S.E., between Half Street, S.E., and Van Street, S.E. (Northside).".

    Section 4(b) of D.C. Law 17-241 provides that the act shall expire after 225 days of its having taken effect.

    Temporary Addition of Section

    Section 5 of D.C. Law 16-252 provided:

    Pursuant to Title 1 of the District of Columbia Administrative Procedure Act, approved October 21, 1968 (82 Stat. 1204; D.C. Official Code § 2-501 et seq.), the Department of Transportation, the Department of Consumer and Regulatory Affairs, the Department of Health, and the Metropolitan Police Department may promulgate rules specific to their vending responsibilities, incorporating the best practices for the planning, cart design, management, site identification, fees and applicable taxes, and enforcement of sidewalk and roadway vendors to ensure public health and safety. The proposed rules shall be submitted to the Council for a 30-day period of review. If the Council does not approve or disapprove the proposed rules by resolution within the 30-day review period, the proposed rules shall be deemed disapproved. In no event shall there be an interpretation of this section that rulemaking shall be necessary for the issuance of licenses or permits.

    Section 7(b) of D.C. Law 16-252 provides that the act shall expire after 225 days of its having taken effect.

    Sections 2 to 10 of D.C. Law 17-172 added sections to read as follows:

    "Sec. 2. Definitions.

    "For the purposes of this act, the term:

    "(1) 'Vending location' means the specific locations on sidewalks, roadways, and other public space from which a person may vend.

    "(2) 'Vending site permit' means a permit or other authorization to vend from a vending location.

    "Sec. 3. Vending from public space.

    "(a) Except as set forth in subsection (b) of this section, a person shall not vend from a sidewalk, roadway, or other public space in the District of Columbia unless the person holds:

    "(1) A basic business license properly endorsed for sidewalk or roadway vending;

    "(2) A vending site permit; and

    "(3) Such other licenses, permits, and authorizations as the Mayor may require by rule.

    "(b) The Mayor may authorize the following persons to vend from public space without a basic business license or vending site permit:

    "(1) An employee or youth assistant of a licensed vendor;

    "(2) A person vending at a licensed special event; and

    "(3) A person vending from a public market holding a valid permit issued by the Mayor.

    "Sec. 4. Vending locations and assignment.

    "(a) The Mayor shall designate vending locations; provided, that no vending locations shall be established in Ward 2 of the District of Columbia other than those previously authorized under the District of Columbia Department of Transportation and Department of Consumer and Regulatory Affairs Vending Consolidation of Public Space and Licensing Authorities Temporary Act of 2006, effective March 8, 2007 (D.C. Law 16-252; 54 DCR 631), who are vending in a location that is in compliance with Chapter 5 of Title 24 of the District of Columbia Municipal Regulations, except as may be established through a vending development zone authorized under section 5; provided further, that no more than 350 vending locations shall be permitted in any single Ward of the District of Columbia.

    "(b) A person shall not vend from a location other than a vending location unless the person is vending at a special event or public market holding a valid license or permit issued by the Mayor.

    "(c) A person shall not vend from a vending location without first obtaining a vending site permit from the Mayor.

    "(d)(1) Except as provided in paragraph (2) of this subsection, vending locations shall be assigned by lottery, unless:

    "(A) The Mayor establishes an alternate means of assignment by rule; or

    "(B) The vending location is located in a vending development zone, in which case the vending location may be assigned by lottery or such other means as may be established for the vending development zone pursuant to section 5.

    "(2) Vendors who received vending site permits for a vending location pursuant to the District of Columbia Department of Transportation and Department of Consumer and Regulatory Affairs Vending Consolidation of Public Space and Licensing Authorities Temporary Act of 2006, effective March 8, 2007 (D.C. Law 16-252; 54 DCR 631), who are vending in a location that is in compliance with Chapter 5 of Title 24 of the District of Columbia Municipal Regulations, shall have first right of preference for the issuance of a vending site permit for the same vending location.

    "Sec. 5. Vending development zones.

    "The Mayor may establish vending development zones, upon application and after public hearing, in which the Mayor may waive the regulatory provisions, such as the design standards, the standards for designation of vending locations, and the procedure for assigning vending locations, otherwise applicable to vendors; provided, that the Mayor shall establish, by rule, a procedure for reviewing applications for the establishment of a vending development zone.

    "Sec. 6. Capitol Riverfront Vending Development Zone.

    "(a) Notwithstanding section 5, but subject to subsection (f) of this section, there is established the Capitol Riverfront Vending Development Zone ('CRVDZ').

    "(b) The boundaries of the CRVDZ shall be the same as the boundaries for the Capitol Riverfront BID, established by section 208 of the Business Improvement Districts Act of 1996, effective October 18, 2007 (D.C. Law 17-27; D.C. Official Code § 2-1215.58).

    "(c) The Mayor shall issue no fewer than 40 vendor locations, with preference to the vendors who are legally licensed to vend at Robert F. Kennedy Memorial Stadium, within 21 days of the effective date of the Expanding Opportunities for Vending Around the Baseball Stadium Emergency Amendment Act of 2008, passed on emergency basis on April 1, 2008 (Enrolled version of Bill 17-690), and shall designate and assign vending locations within the CRVDZ.

    "(d) Vending locations assigned within the CRVDZ shall be assigned by lottery.

    "(e) Except as provided in this section, the Mayor may waive the regulatory provisions otherwise applicable to vendors, such as design standards, siting standards, and the types of permitted vending.

    "(f) The CRVDZ, and any licenses or permits issued therefor, shall expire if any new development zone is hereafter established with the boundaries of the CRVDZ pursuant to section 5.

    "(g) Pursuant to Title 1 of the District of Columbia Administrative Procedure Act, approved October 21, 1968 (82 Stat. 1204; D.C. Official Code § 2-501 et seq.), the Mayor may issue rules to implement this section; provided, that the Mayor may also issue emergency rules to implement this section.

    "Sec. 7. Public markets.

    "The Mayor may require the permitting of public markets on public space and may require the licensing of managers of public markets on public space and private space.

    "Sec. 8. Fees and funding.

    "(a) The Mayor may establish fees, by rule, for the application for, and issuance of, each license, permit, and authorization required under this act or the rules promulgated pursuant to this act. The Mayor may differentiate the fees based on the class of license, vending location, and other relevant factors.

    "(b)(1) There is established as a nonlapsing fund within the General Fund of the District of Columbia the Vending Regulation Fund ('Fund'), which shall be used solely for the purposes set forth in this section.

    "(2) Deposits into the Fund shall include:

    "(A) Fees paid for the application for, and issuance or renewal of, a vending permit;

    "(B) Fees paid for the application for, and issuance or renewal of, the permit or other authorization issued by the Mayor setting forth the specific location on public space from which a person may vend;

    "(C) Funds authorized by an act of Congress, reprogramming, or intra-District transfer to be deposited into the Fund;

    "(D) Any other funds designated by law or rule to be deposited into the Fund; and

    "(E) Interest on funds deposited in the Fund.

    "(3) All funds deposited into the Fund shall not revert to the unrestricted fund balance of the General Fund of the District of Columbia at the end of a fiscal year, or at any other time, but shall be continually available for the uses and purposes set forth in paragraph (4) of this subsection, subject to authorization by Congress.

    "(4) Funds in the Fund may be used to pay the costs of administering this act, including costs associated with the issuance of licenses and permits described in paragraph (2)(A) and (B) of this subsection and the administration and enforcement of any rules promulgated under this act.

    "Sec. 9. Penalties.

    "The Mayor may establish civil penalties for the violation of this act and rules promulgated pursuant to this act, including the establishment of civil penalties pursuant to the Department of Consumer and Regulatory Affairs Civil Infractions Act of 1985, effective October 5, 1985 (D.C. Law 6-42; D.C. Official Code § 2-1801.01 et seq.).

    "Sec. 10. Rules.

    "The Mayor, pursuant to Title 1 of the District of Columbia Administrative Procedure Act, approved October 21, 1968 (82 Stat. 1204; D.C. Official Code § 2-501 et seq.), may issue rules to implement this act, including rules regulating the design and maintenance of vendor carts, stands, vehicles, and other equipment and rules requiring that persons vending from public space maintain insurance in such form and amount as may be required by the Mayor. The proposed rules shall be submitted to the Council for a 60-day period of review, excluding weekends, holidays, and days of Council recess; provided, that rules regarding fees shall be submitted separately. If the Council does not approve or disapprove the proposed rules, by resolution, within the 60-day review period, the proposed rules shall be deemed disapproved."

    Section 13(b) of D.C. Law 17-172 provides that the act shall expire after 225 days of its having taken effect.

    Section 2 of D.C. Law 17-205 added a section to read as follows:

    "Sec. 5a. Capitol Riverfront Vending Development Zone.

    "(a) Notwithstanding section 5, but subject to subsection (f) of this section, there is established the Capitol Riverfront Vending Development Zone ('CRVDZ').

    "(b) The boundaries of the CRVDZ shall be the same as the boundaries for the Capitol Riverfront BID, established by section 208 of the Business Improvement Districts Act of 1996, effective October 18, 2007 (D.C. Law 17-27; D.C. Official Code § 2-1215.58).

    "(c) The Mayor shall issue no fewer than 40 vendor locations, with preference to the vendors who are legally licensed to vend at Robert F. Kennedy Memorial Stadium, on or before the effective date of the Expanding Opportunities for Vending Around the Baseball Stadium Emergency Amendment Act of 2008, effective April 17, 2008 (D.C. Act 17-353; 55 DCR 5370, and shall designate and assign vending locations within the CRVDZ.

    "(d) Vending locations assigned within the CRVDZ shall be assigned by lottery.

    "(e) Except as provided in this section, the Mayor may waive the regulatory provisions otherwise applicable to vendors, such as design standards, siting standards, and the types of permitted vending.

    "(f) The CRVDZ, and any licenses or permits issued therefor, shall expire if any new development zone is hereafter established with the boundaries of the CRVDZ pursuant to section 5.

    "(g) Pursuant to Title 1 of the District of Columbia Administrative Procedure Act, approved October 21, 1968 (82 Stat. 1204; D.C. Official Code § 2-501 et seq.), the Mayor may issue rules to implement this section; provided, that the Mayor may also issue emergency rules to implement this section."

    Section 4(b) of D.C. Law 17-205 provides that the act shall expire after 225 days of its having taken effect.

    Sections 2 to 9 of D.C. Law 18-4 added sections to read as follows:

    "Sec. 2. Definitions.

    "For the purposes of this act, the term:

    "(1) 'Vending location' means the specific locations on sidewalks, roadways, and other public space from which a person may vend.

    "(2) 'Vending site permit' means a permit or other authorization to vend from a vending location.

    "Sec. 3. Vending from public space.

    "(a) Except as set forth in subsection (b) of this section, a person shall not vend from a sidewalk, roadway, or other public space in the District of Columbia unless the person holds:

    "(1) A basic business license properly endorsed for sidewalk or roadway vending;

    "(2) A vending site permit; and

    "(3) Such other licenses, permits, and authorizations as the Mayor may require by rule.

    "(b) The Mayor may authorize the following persons to vend from public space without a basic business license or vending site permit:

    "(1) An employee or youth assistant of a licensed vendor;

    "(2) A person vending at a licensed special event; and

    "(3) A person vending from a public market holding a valid permit issued by the Mayor.

    "(c) No authorization from the Mayor is required for vending pursuant to section 105(h) of the First Amendment Assemblies Act of 2004, effective April 13, 2005 (D.C. Law 15-532; D.C. Official Code § 5-331.05(h)).

    "Sec. 4. Vending locations and assignment.

    "(a) The Mayor shall designate vending locations; provided, that no vending locations shall be established in Ward 2 of the District of Columbia other than those previously authorized under the District of Columbia Department of Transportation and Department of Consumer and Regulatory Affairs Vending Consolidation of Public Space and Licensing Authorities Temporary Act of 2006, effective March 8, 2007 (D.C. Law 16-252; 54 DCR 631), who are vending in a location that is in compliance with Chapter 5 of Title 24 of the District of Columbia Municipal Regulations, except as may be established through a vending development zone authorized under section 5; provided further, that no more than 350 vending locations shall be permitted in any single Ward of the District of Columbia.

    "(b) A person shall not vend from a location other than a vending location unless the person is vending at a special event or public market holding a valid license or permit issued by the Mayor.

    "(c) A person shall not vend from a vending location without first obtaining a vending site permit from the Mayor.

    "(d)(1) Except as provided in paragraph (2) of this subsection, vending locations shall be assigned by lottery, unless:

    "(A) The Mayor establishes an alternate means of assignment by rule; or

    "(B) The vending location is located in a vending development zone, in which case the vending location may be assigned by lottery or such other means as may be established for the vending development zone pursuant to section 5.

    "(2) Vendors who received vending site permits for a vending location pursuant to the District of Columbia Department of Transportation and Department of Consumer and Regulatory Affairs Vending Consolidation of Public Space and Licensing Authorities Temporary Act of 2006, effective March 8, 2007 (D.C. Law 16-252; 54 DCR 631), who are vending in a location that is in compliance with Chapter 5 of Title 24 of the District of Columbia Municipal Regulations, shall have first right of preference for the issuance of a vending site permit for the same vending location.

    "Sec. 5. Vending development zones.

    "The Mayor may establish vending development zones, upon application and after public hearing, in which the Mayor may waive the regulatory provisions, such as the design standards, the standards for designation of vending locations, and the procedure for assigning vending locations, otherwise applicable to vendors; provided, that the Mayor shall establish, by rule, a procedure for reviewing applications for the establishment of a vending development zone.

    "Sec. 6. Public markets.

    "The Mayor may require the permitting of public markets on public space and may require the licensing of managers of public markets on public space and private space.

    "Sec. 7. Fees and funding.

    "(a) The Mayor may establish fees, by rule, for the application for, and issuance of, each license, permit, and authorization required under this act or the rules promulgated pursuant to this act. The Mayor may differentiate the fees based on the class of license, vending location, and other relevant factors.

    "(b)(1) There is established as a nonlapsing fund within the General Fund of the District of Columbia the Vending Regulation Fund ("Fund"), which shall be used solely for the purposes set forth in this section.

    "(2) Deposits into the Fund shall include:

    "(A) Fees paid for the application for, and issuance or renewal of, a vending permit;

    "(B) Fees paid for the application for, and issuance or renewal of, the permit or other authorization issued by the Mayor setting forth the specific location on public space from which a person may vend;

    "(C) Funds authorized by an act of Congress, reprogramming, or intra-District transfer to be deposited into the Fund;

    "(D) Any other funds designated by law or rule to be deposited into the Fund; and

    "(E) Interest on funds deposited in the Fund.

    "(3) All funds deposited into the Fund shall not revert to the unrestricted fund balance of the General Fund of the District of Columbia at the end of a fiscal year, or at any other time, but shall be continually available for the uses and purposes set forth in paragraph (4) of this subsection, subject to authorization by Congress.

    "(4) Funds in the Fund may be used to pay the costs of administering this act, including costs associated with the issuance of licenses and permits described in paragraph (2)(A) and (B) of this subsection and the administration and enforcement of any rules promulgated under this act.

    "Sec. 8. Penalties.

    "The Mayor may establish civil penalties for the violation of this act and rules promulgated pursuant to this act, including the establishment of civil penalties pursuant to the Department of Consumer and Regulatory Affairs Civil Infractions Act of 1985, effective October 5, 1985 (D.C. Law 6-42; D.C. Official Code § 2-1801.01 et seq.).

    "Sec. 9. Rules.

    "The Mayor, pursuant to Title 1 of the District of Columbia Administrative Procedure Act, approved October 21, 1968 (82 Stat. 1204; D.C. Official Code § 2-501 et seq.), may issue rules to implement this act, including rules regulating the design and maintenance of vendor carts, stands, vehicles, and other equipment and rules requiring that persons vending from public space maintain insurance in such form and amount as may be required by the Mayor. The proposed rules shall be submitted to the Council for a 60-day period of review, excluding weekends, holidays, and days of Council recess; provided, that rules regarding fees shall be submitted separately. If the Council does not approve or disapprove the proposed rules, by resolution, within the 60-day review period, the proposed rules shall be deemed disapproved."

    Section 12(b) of D.C. Law 18-4 provides that the act shall expire after 225 days of its having taken effect.

    Temporary Repeal of Section

    Section 11(c)(2) of D.C. Law 17-172 repealed this section.

    Section 13(b) of D.C. Law 17-172 provides that the act shall expire after 225 days of its having taken effect.

    Section 10(c)(2) of D.C. Law 18-4 repealed this section.

    Section 12(b) of D.C. Law 18-4 provides that the act shall expire after 225 days of its having taken effect.

    Emergency Act Amendments

    For temporary requirement that the Mayor attempt to designate additional vending spaces to replace vending spaces that have been eliminated as a result of recent federal measures to increase the security of the White House complex and the Federal Bureau of Investigation headquarters, see § 3 of the Vending Site Lottery and Assignment Amendment Emergency Act of 1996 (D.C. Act 11-267, May 21, 1996, 43 DCR 2836).

    For temporary (90 day) amendment of section, see § 3(hh)(4)(S) of Streamlining Regulation Emergency Act of 2003 (D.C. Act 15-145, August 11, 2003, 50 DCR 6896).

    For temporary (90 day) amendment of section, see § 4 of Department of Transportation and Department of Consumer and Regulatory Affairs Vending Consolidation of Public Space and Licensing Authorities Emergency Act of 2006 (D.C. Act 16-564, December 19, 2006, 53 DCR 10264).

    For temporary (90 day) enactment, see § 5 of Department of Transportation and Department of Consumer and Regulatory Affairs Vending Consolidation of Public Space and Licensing Authorities Emergency Act of 2006 (D.C. Act 16-564, December 19, 2006, 53 DCR 10264).

    For temporary (90 day) additions, see §§ 2 to 9 of Vending Regulation Emergency Act of 2008 (D.C. Act 17-322, March 19, 2008, 55 DCR 3445).

    For temporary (90 day) repeal of section, see § 10(c)(2) of Vending Regulation Emergency Act of 2008 (D.C. Act 17-322, March 19, 2008, 55 DCR 3445).

    For temporary (90 day) additions, see § 2 of Expanding Opportunities for Street Vending Around the Baseball Stadium Emergency Amendment Act of 2008 (D.C. Act 17-353, April 17, 2008, 55 DCR 5370).

    For temporary (90 day) amendment of section 6 of D.C. Law 17-172, see § 2 of Expanding Opportunities for Street Vending Around the Baseball Stadium Clarifying Emergency Amendment Act of 2008 (D.C. Act 17-427, July 16, 2008, 55 DCR 8250).

    For temporary (90 day) additions, see §§ 2 to 9 of Vending Regulation Emergency Act of 2009 (D.C. Act 18-9, January 29, 2009, 56 DCR 1638).

    For temporary (90 day) repeal, see § 10(c)(2) of Vending Regulation Emergency Act of 2009 (D.C. Act 18-9, January 29, 2009, 56 DCR 1638).

    For temporary (90 day) additions, see §§ 2 to 9 of Vending Regulation Congressional Review Emergency Act of 2009 (D.C. Act 18-47, April 27, 2009, 56 DCR 3574).

    For temporary (90 day) repeal, see § 10(c)(2) of Vending Regulation Congressional Review Emergency Act of 2009 (D.C. Act 18-47, April 27, 2009, 56 DCR 3574).

    Legislative History of Laws

    For legislative history of D.C. Law 1-82, see Historical and Statutory Notes following § 47-2808.

    Law 5-113, the "District of Columbia Revenue Act of 1984," was introduced in Council and assigned Bill No. 5-370, which was referred to the Committee on Finance and Revenue. The Bill was adopted on first and second readings on June 26, 1984 and July 10, 1984, respectively. Signed by the Mayor on July 13, 1984, it was assigned Act No. 5-164 and transmitted to both Houses of Congress for its review.

    Law 12-86, the "Omnibus Regulatory Reform Amendment Act of 1998," was introduced in Council and assigned Bill No. 12-458, which was referred to the Committee on Public Works and the Environment and the Committee on Consumer and Regulatory Affairs. The Bill was adopted on first and second readings on December 19, 1997, and January 6, 1998, respectively. Signed by the Mayor on January 21, 1998, it was assigned Act No. 12-256 and transmitted to both Houses of Congress for its review. D.C. Law 12-86 became effective on April 29, 1998.

    For legislative history of D.C. Law 12-261, see Historical and Statutory Notes following § 47-2801.

    Law 12-264, the "Technical Amendments Act of 1998," was introduced in Council and assigned Bill No. 12-804, which was referred to the Committee of the Whole. The Bill was adopted on first and second readings on November 10, 1998, and December 1, 1998, respectively. Signed by the Mayor on January 7, 1999, it was assigned Act No. 12-626 and transmitted to both Houses of Congress for its review. D.C. Law 12-264 became effective on April 20, 1999.

    For Law 15-38, see notes following § 47-2404.

    For Law 15-354, see notes following § 47-340.03.

    Law 16-72, the "Vending Licensing Moratorium Amendment Act of 2005", was introduced in Council and assigned Bill No. 16-347 which was referred to the Committee on Consumers and Regulatory Affairs.  The Bill was adopted on first and second readings on November 1, 2005, and December 6, 2005, respectively. Signed by the Mayor on January 4, 2006, it was assigned Act No. 16-248 and transmitted to both Houses of Congress for its review.   D.C. Law 16-72 became effective on March 8, 2006.

    For Law 18-71, see notes following § 47-2002.01.

    Effective Dates

    Section 502 of D.C. Law 5-113 provided that § 501 shall take effect April 1, 1985.

    Delegation of Authority

    Delegation of authority pursuant to an Act Making Appropriations to provide for the expenses of the government of the District of Columbia for the fiscal year ending June thirtieth, nineteen hundred and three, and for other purposes, see Mayor's Order 98-139, August 20, 1998 (45 DCR 6591).

    Miscellaneous Notes

    Mayor authorized to issue rules: See second paragraph of note to § 47-2601.

  • Current through October 23, 2012 Back to Top
  • (a) Solicitors shall pay a license fee of $316 biennially. Any person who goes from house to house, or place to place, within the District of Columbia, selling or taking orders for or offering to sell or take orders for goods, wares, merchandise, or any article or thing of value for future delivery, or for services to be performed in the future or for the making, manufacturing, or repairing of any article or thing whatsoever for future delivery, and requiring or accepting a deposit for such future delivery or service, shall be deemed to be a "solicitor," within the meaning of this section; provided, however, that this definition shall not apply to persons selling goods, wares, merchandise, or any article or thing of value for resale to retailers in that commodity. Any person desiring a solicitor's license shall make application to the Mayor of the District of Columbia or his designated agent on forms to be provided for that purpose, stating the name of the applicant, the name and address of the person whom he represents, the class and kind of goods offered for sale, or the kind of service to be performed. Such application shall be accompanied by a bond in the penal sum of $500, running to the District of Columbia, conditioned upon the making of final delivery of the goods ordered, or services to be performed, in accordance with the terms of such order, or failing therein, that the advance payment on such order be refunded. Any person aggrieved by the action of any such solicitor shall have the right of action on the bond for the recovery of money, or damages, or both. All orders taken by licensed solicitors shall be in writing in duplicate, stating the terms thereof and the amount paid in advance, and 1 copy shall be given to the purchaser.

    (b) Any license issued pursuant to this section shall be issued as a General Services and Repair endorsement to a basic business license under the basic business license system as set forth in subchapter I-A of this chapter.

    (July 1, 1902, 32 Stat. 627, ch. 1352, § 7, par. 37; July 1, 1932, 47 Stat. 557, ch. 366; Sept. 14, 1976, D.C. Law 1-82, title I, § 104(v), 23 DCR 2461; Sept. 26, 1995, D.C. Law 11-52, § 302(g), 42 DCR 3684; enacted, Apr. 9, 1997, D.C. Law 11-254, § 2, 44 DCR 1575; Apr. 20, 1999, D.C. Law 12-261, § 2003(pp)(31), 46 DCR 3142; Oct. 28, 2003, D.C. Law 15-38, § 3(hh) (4)(T), 50 DCR 6913.)

    HISTORICAL AND STATUTORY NOTES

    Prior Codifications

    1981 Ed., § 47-2835.

    1973 Ed., § 47-2337.

    Effect of Amendments

    D.C. Law 15-38, in subsec. (b), substituted "General Services and Repair endorsement to a basic business license under the basic" for "Class B General Services and Repair endorsement to a master business license under the master".

    Emergency Act Amendments

    For temporary amendment of section, see § 302(g) of the Omnibus Budget Support Emergency Act of 1995 (D.C. Act 11-44, April 28, 1995, 42 DCR 2217) and § 302(g) of the Omnibus Budget Support Congressional Review Emergency Act of 1995 (D.C. Act 11-124, July 27, 1995, 42 DCR 4160).

    For temporary amendment of D.C. Act 11-44, see § 303 of the Omnibus Budget Support Congressional Review Emergency Act of 1995 (D.C. Act 11-124, July 27, 1995, 42 DCR 4160).

    For temporary (90 day) amendment of section, see § 3(hh)(4)(T) of Streamlining Regulation Emergency Act of 2003 (D.C. Act 15-145, August 11, 2003, 50 DCR 6896).

    Legislative History of Laws

    For legislative history of D.C. Law 1-82, see Historical and Statutory Notes following § 47-2808.

    For legislative history of D.C. Law 11-52, see Historical and Statutory Notes following § 47-2809.

    For legislative history of D.C. Law 12-261, see Historical and Statutory Notes following § 47-2801.

    For Law 15-38, see notes following § 47-2404.

  • Current through October 23, 2012 Back to Top
  • (a) No person shall, for hire, guide or escort any person through or about the District of Columbia, or any part thereof, unless he shall have first secured a license so to do. The fee for each such license shall be $28 per annum. No license shall be issued hereunder without the approval of the Chief of Police. The Council of the District of Columbia is authorized and empowered to make reasonable regulations for the examination of all applicants for such licenses and for the government and conduct of persons licensed hereunder, including the power to require said persons to wear a badge while engaged in their calling.

    (b) Any license issued pursuant to this section shall be issued as a General Services and Repair endorsement to a basic business license under the basic business license system as set forth in subchapter I-A of this chapter.

    (July 1, 1902, 32 Stat. 627, ch. 1352, § 7, par. 38; July 1, 1932, 47 Stat. 558, ch. 366; Sept. 14, 1976, D.C. Law 1-82, title I, § 104(w), 23 DCR 2461; enacted, Apr. 9, 1997, D.C. Law 11-254, § 2, 44 DCR 1575; Apr. 20, 1999, D.C. Law 12-261, § 2003(pp)(32), 46 DCR 3142; Oct. 28, 2003, D.C. Law 15-38, § 3(hh)(4)(U), 50 DCR 6913.)

    HISTORICAL AND STATUTORY NOTES

    Prior Codifications

    1981 Ed., § 47-2836.

    1973 Ed., § 47-2338.

    Effect of Amendments

    D.C. Law 15-38, in subsec. (b), substituted "General Services and Repair endorsement to a basic business license under the basic" for "Class B General Services and Repair endorsement to a master business license under the master".

    Emergency Act Amendments

    For temporary amendment of section, see § 302(g) of the Omnibus Budget Support Emergency Act of 1995 (D.C. Act 11-44, April 28, 1995, 42 DCR 2217) and § 302(g) of the Omnibus Budget Support Congressional Review Emergency Act of 1995 (D.C. Act 11-124, July 27, 1995, 42 DCR 4160).

    For temporary amendment of D.C. Act 11-44, see § 303 of the Omnibus Budget Support Congressional Review Emergency Act of 1995 (D.C. Act 11-124, July 27, 1995, 42 DCR 4160).

    For temporary (90 day) amendment of section, see § 3(hh)(4)(U) of Streamlining Regulation Emergency Act of 2003 (D.C. Act 15-145, August 11, 2003, 50 DCR 6896).

    Legislative History of Laws

    For legislative history of D.C. Law 1-82, see Historical and Statutory Notes following § 47-2808.

    For legislative history of D.C. Law 12-261, see Historical and Statutory Notes following § 47-2801.

    For Law 15-38, see notes following § 47-2404

    Miscellaneous Notes

    Office of Major and Superintendent of Metropolitan Police abolished: The Office of the Major and Superintendent of Metropolitan Police was abolished and all functions of that office transferred to and vested in the Chief of Police. The Assistant Superintendent, Executive Officer of the Metropolitan Police Department was designated "Deputy Chief of Police, Executive Officer"; the Assistant Superintendent of the Metropolitan Police in command of the Detective Bureau was designated "Deputy Chief of Police, Chief of Detectives"; and each other Assistant Superintendent of the Metropolitan Police was designated "Deputy Chief of Police" by Reorganization Order No. 7, dated September 16, 1952. Reorganization Order No. 7 was replaced by Organization Order No. 153, dated November 10, 1966.

  • Current through October 23, 2012 Back to Top
  • (a) The Council of the District of Columbia is authorized and empowered to classify dealers in secondhand personal property (referred to in this section as "dealers") and the Mayor of the District of Columbia is authorized and empowered to fix and collect a license fee for each such class of dealer, which fee, in the judgment of the Mayor, will be commensurate with the cost to the District of Columbia of inspection, supervision, and regulation of such class of dealer.

    (b) In classifying dealers the Council may take into consideration the kind of property dealt in, whether the property is retained by the dealer for sale at retail, whether the property is disposed of by the dealer out of the District of Columbia, whether the property is disposed of by the dealer as junk or otherwise, and such other criteria as the Council may deem appropriate.

    (c) Any person engaging in the business of buying, selling, trading, exchanging, or dealing in secondhand personal property of any description, including the return of unused portion of any ticket, order, or token purporting to evidence the right of the holder or possessor thereof to be transported by any railroad or other common carrier, however operated, from one state or territory of the United States, or from the District of Columbia, to any other state or territory of the United States or to the District of Columbia, shall be regarded as a dealer, and shall obtain the appropriate license and pay the fee therefor fixed by the Mayor. For the purposes of this section, the term "secondhand personal property" shall not include any item of personal property:

    (1) Which the possessor thereof has acquired as part payment or allowance on the sale by such possessor of a new or rebuilt item of personal property;

    (2) Which the possessor thereof has acquired by reason of its return to him for credit, refund, or exchange by a person having purchased such item from such possessor; or

    (3) Which is offered for sale, trade, or exchange by the person who repossesses the same.

    (d) When any property has been stolen and sold in the District of Columbia to a dealer under such circumstances that the Mayor of the District of Columbia, after such dealer has been afforded a hearing, is satisfied that such dealer had cause to believe, or could have ascertained by reasonable inquiry or investigation that the property was stolen, and that the dealer did not make reasonable inquiry or investigation as to the title of the seller before making the purchase, the Mayor is authorized and directed to revoke the license of such dealer; and this action shall not be a bar to criminal prosecution for receiving stolen goods; provided, that nothing in this subsection shall be construed as prohibiting the Mayor from suspending or revoking the license of such dealer under the authority contained in § 47-2844.

    (e) Any license issued pursuant to this section for Class A and Class C shall be issued as an Inspected Sales and Services endorsement to a basic business license under the basic business license system as set forth in subchapter I-A of this chapter. Any other license issued pursuant to this section shall be issued as a General Sales endorsement to a basic business license.

    (July 1, 1902, 32 Stat. 627, ch. 1352, § 7, par. 39; July 1, 1932, 47 Stat. 558, ch. 366; July 3, 1956, 70 Stat. 491, ch. 511, § 1; enacted, Apr. 9, 1997, D.C. Law 11-254, § 2, 44 DCR 1575; Apr. 20, 1999, D.C. Law 12-261, § 2003(pp)(33), 46 DCR 3142; Oct. 28, 2003, D.C. Law 15-38, § 3(hh)(4)(V), 50 DCR 6913.)

    HISTORICAL AND STATUTORY NOTES

    Prior Codifications

    1981 Ed., § 47-2837.

    1973 Ed., § 47-2339.

    Effect of Amendments

    D.C. Law 15-38, in subsec. (e), substituted "as an Inspected Sales and Services endorsement to a basic business license under the basic" for "as a Class A Inspected Sales and Services endorsement to a master business license under the master" and "General Sales endorsement to a basic " for "Class B General Sales endorsement to a master".

    Emergency Act Amendments

    For temporary (90 day) amendment of section, see § 3(hh)(4)(V) of Streamlining Regulation Emergency Act of 2003 (D.C. Act 15-145, August 11, 2003, 50 DCR 6896).

    Legislative History of Laws

    For legislative history of D.C. Law 12-261, see Historical and Statutory Notes following § 47-2801.

    For Law 15-38, see notes following § 47-2404.

  • Current through October 23, 2012 Back to Top
  • (a) Dealers in dangerous or deadly weapons shall pay a license tax of $300 per annum. No license shall issue hereunder without the approval of the Chief of Police, and the Council of the District of Columbia is authorized and empowered to make and promulgate regulations for the conduct of the business of persons licensed hereunder, including the power to require a record to be kept of all sales of deadly or dangerous weapons, to prescribe a form therefor, and to require reports of all such sales to the Chief of Police at such time as the Council may deem advisable.

    (b) Any license issued pursuant to this section shall be issued by the Metropolitan Police Department as a Public Safety endorsement to a basic business license under the basic business license system as set forth in subchapter I-A of this chapter.

    (July 1, 1902, 32 Stat. 628, ch. 1352, § 7, par. 40; July 1, 1932, 47 Stat. 558, ch. 366; Sept. 14, 1976, D.C. Law 1-82, title I, § 104(x), 23 DCR 2461; enacted, Apr. 9, 1997, D.C. Law 11-254, § 2, 44 DCR 1575; Apr. 20, 1999, D.C. Law 12-261, § 2003(pp)(34), 46 DCR 3142; Oct. 28, 2003, D.C. Law 15-38, § 3(hh)(4)(W), 50 DCR 6913.)

    HISTORICAL AND STATUTORY NOTES

    Prior Codifications

    1981 Ed., § 47-2838.

    1973 Ed., § 47-2340.

    Effect of Amendments

    D.C. Law 15-38, in subsec. (b), substituted "Public Safety endorsement to a basic business license under the basic" for "Class A Public Safety endorsement to a master business license under the master".

    Emergency Act Amendments

    For temporary (90 day) amendment of section, see § 3(hh)(4)(W) of Streamlining Regulation Emergency Act of 2003 (D.C. Act 15-145, August 11, 2003, 50 DCR 6896).

    Legislative History of Laws

    For legislative history of D.C. Law 1-82, see Historical and Statutory Notes following § 47-2808.

    For legislative history of D.C. Law 12-261, see Historical and Statutory Notes following § 47-2801.

    For Law 15-38, see notes following § 47-2404.

    Miscellaneous Notes

    Office of Major and Superintendent of Metropolitan Police abolished: The Office of the Major and Superintendent of Metropolitan Police was abolished and all functions of that office transferred to and vested in the Chief of Police. The Assistant Superintendent, Executive Officer of the Metropolitan Police Department was designated "Deputy Chief of Police, Executive Officer"; the Assistant Superintendent of the Metropolitan Police in command of the Detective Bureau was designated "Deputy Chief of Police, Chief of Detectives"; and each other Assistant Superintendent of the Metropolitan Police was designated "Deputy Chief of Police" by Reorganization Order No. 7, dated September 16, 1952. Reorganization Order No. 7 was replaced by Organization Order No. 153, dated November 10, 1966.

  • Current through October 23, 2012 Back to Top
  • (a) Private detectives, or detective agencies, by whatsoever name called, shall pay a license tax of $158 per annum; provided, that no license shall be issued under this section without the approval of the Chief of Police.

    (b) For the purpose of this section, the term "detective" or "detective agency" means and includes any person, firm, or corporation engaged in the business of, or advertising, or representing himself, or itself, as being engaged in the business of detecting, discovering, or revealing crime or criminals, or securing information for evidence relating thereto, or discovering or revealing the identity, whereabouts, character, or actions of any person or persons, thing or things.

    (c) It shall be unlawful for any person to engage in the business of detective, or operate, manage, or conduct a detective agency, for profit or gain, or to advertise or represent his business to be that of a detective, or that of conducting, managing, or operating a detective agency, without first obtaining a license so to do.

    (d) The Council of the District of Columbia is authorized and empowered to make such reasonable regulations as it deems advisable for the government and conduct of the business of private detectives licensed hereunder, and the Mayor of the District of Columbia is authorized and empowered to revoke the license of a private detective when in his judgment such is deemed advisable in the public interest.

    (e) All laws which govern the Metropolitan Police force of the District of Columbia in the matters of persons, property, or money shall be applicable to all private detectives licensed hereunder, and such detectives shall make like returns and dispositions of such matters as is required by existing law and the rules of the Mayor of the District of Columbia governing the Metropolitan Police Department.

    (f) Any license issued pursuant to this section shall be issued as a Public Safety endorsement to a basic business license under the basic business license system as set forth in subchapter I-A of this chapter.

    (July 1, 1902, 32 Stat. 628, ch. 1352, § 7, par. 41; July 1, 1932, 47 Stat. 559, ch. 366; Sept. 14, 1976, D.C. Law 1-82, title I, § 104(y), 23 DCR 2461; enacted, Apr. 9, 1997, D.C. Law 11-254, § 2, 44 DCR 1575; Apr. 20, 1999, D.C. Law 12-261, § 2003(pp)(35), 46 DCR 3142; Oct. 28, 2003, D.C. Law 15-38, § 3(hh)(4)(X), 50 DCR 6913.)

    HISTORICAL AND STATUTORY NOTES

    Prior Codifications

    1981 Ed., § 47-2839.

    1973 Ed., § 47-2341.

    Effect of Amendments

    D.C. Law 15-38, in subsec. (f), substituted "Public Safety endorsement to a basic business license under the basic" for "Class A Public Safety endorsement to a master business license under the master".

    Emergency Act Amendments

    For temporary (90 day) amendment of section, see § 3(hh)(4)(X) of Streamlining Regulation Emergency Act of 2003 (D.C. Act 15-145, August 11, 2003, 50 DCR 6896).

    Legislative History of Laws

    For legislative history of D.C. Law 1-82, see Historical and Statutory Notes following § 47-2808.

    For legislative history of D.C. Law 12-261, see Historical and Statutory Notes following § 47-2801.

    For Law 15-38, see notes following § 47-2404.

    Miscellaneous Notes

    Office of Major and Superintendent of Metropolitan Police abolished: The Office of the Major and Superintendent of Metropolitan Police was abolished and all functions of that office transferred to and vested in the Chief of Police. The Assistant Superintendent, Executive Officer of the Metropolitan Police Department was designated "Deputy Chief of Police, Executive Officer"; the Assistant Superintendent of the Metropolitan Police in command of the Detective Bureau was designated "Deputy Chief of Police, Chief of Detectives"; and each other Assistant Superintendent of the Metropolitan Police was designated "Deputy Chief of Police" by Reorganization Order No. 7, dated September 16, 1952. Reorganization Order No. 7 was replaced by Organization Order No. 153, dated November 10, 1966.

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  • (a) For the purpose of this section, the term:

    (1) "Campus police officer" means an individual appointed under § 5-129.02, and subject to the requirements of Chapter 12 of Title 6A of the District of Columbia Municipal Regulations.

    (2) "Security agency" means a person who conducts a business that provides security services.

    (3) "Security officer" means an individual appointed under § 5-129.02, and shall have the same meaning as provided in section 2100 of Title 17 of the District of Columbia Municipal Regulations.

    (4) "Security services" means any activity that is performed for compensation by a security officer or special police officer to protect an individual or property.

    (5) "Special police officer" means an individual appointed under § 5-129.02, and subject to the requirements of Chapter 11 of Title 6A of the District of Columbia Municipal Regulations.

    (b) It shall be unlawful for any person to engage in the business of operating, managing, or conducting a security agency, for profit or gain, or to advertise or represent his or her business to be that of a security agency, or that of conducting, managing, or operating a security agency, without first obtaining a license to do so.

    (c) A person who violates any provision of this section, or the provisions of Chapter 21 of Title 17 of the District of Columbia Municipal Regulations pertaining to security agencies, shall be guilty of a misdemeanor and, upon conviction, shall be subject to a fine of not more than $1,000 or imprisonment of not more than one year, or both.

    (d)(1) The Mayor, pursuant to subchapter I of Chapter 5 of Title 2, may issue rules to implement the provisions of this section.

    (2) The proposed rules shall be submitted to the Council for a 45-day period of review, excluding Saturdays, Sundays, legal holidays, and days of Council recess. If the Council does not approve or disapprove the proposed rules, in whole or in part, by resolution, within this 45-day review period, the proposed rules shall be deemed approved.

    (e) Any license issued pursuant to this section shall be issued as a Public Safety endorsement to a basic business license under the basic business license system as set forth in subchapter I-A of this chapter.

    (Nov. 16, 2006, D.C. Law 16-187, § 203(b), 53 DCR 6722; Mar 25, 2009, D.C. Law 17-353, § 127(a), 56 DCR 1117.)

    HISTORICAL AND STATUTORY NOTES

    Prior Codifications

    2001 Ed., § 47-2839a.

    Legislative History of Laws

    Law 16-187, the "Enhanced Professional Security Amendment Act of 2006", was introduced in Council and assigned Bill No. 16-102, which was referred to the Committee on the Judiciary.  The Bill was adopted on first and second readings on June 6, 2006, and July 11, 2006, respectively.   Signed by the Mayor on July 25, 2006, it was assigned Act No. 16-465 and transmitted to both Houses of Congress for its review.  D.C. Law 16-187 became effective on November 16, 2006.

    For Law 17-353, see notes following § 47-308.

    Editor's Notes

    Former § 47-2839a has been recodified as § 47-2839.01 by D.C. Law 17-353, § 127(a).

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  • (July 1, 1902, 32 Stat. 628, ch. 1352, § 7, par. 43; July 1, 1932, 47 Stat. 562, ch. 366; 1973 Ed., § 47-2342; Sept. 14, 1976, D.C. Law 1-82, title I, § 104(z), 23 DCR 2461; enacted, Apr. 9, 1997, D.C. Law 11-254, § 2, 44 DCR 1575; Apr. 20, 1999, D.C. Law 12-261, § 2003(pp)(36), 46 DCR 3142.)

    HISTORICAL AND STATUTORY NOTES

    Prior Codifications

    1981 Ed., § 47-2840.

    1973 Ed., § 47-2342.

    Legislative History of Laws

    For legislative history of D.C. Law 1-82, see Historical and Statutory Notes following § 47-2808.

    For legislative history of D.C. Law 12-261, see Historical and Statutory Notes following § 47-2832.01.

    Miscellaneous Notes

    Office of Major and Superintendent of Metropolitan Police abolished: The Office of the Major and Superintendent of Metropolitan Police was abolished and all functions of that office transferred to and vested in the Chief of Police. The Assistant Superintendent, Executive Officer of the Metropolitan Police Department was designated "Deputy Chief of Police, Executive Officer"; the Assistant Superintendent of the Metropolitan Police in command of the Detective Bureau was designated "Deputy Chief of Police, Chief of Detectives"; and each other Assistant Superintendent of the Metropolitan Police was designated "Deputy Chief of Police" by Reorganization Order No. 7, dated September 16, 1952. Reorganization Order No. 7 was replaced by Organization Order No. 153, dated November 10, 1966.

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  • No person shall set up, operate, or conduct any business or device by or in which any person, animal, or living object shall act or be exposed as a target for any ball, projectile, missile, or thing thrown or projected for or in consideration of profit or gain, directly or indirectly.

    (July 1, 1902, 32 Stat. 628, ch. 1352, § 7, par. 44; July 1, 1932, 47 Stat. 562, ch. 366; enacted, Apr. 9, 1997, D.C. Law 11-254, § 2, 44 DCR 1575.)

    HISTORICAL AND STATUTORY NOTES

    Prior Codifications

    1981 Ed., § 47-2841.

    1973 Ed., § 47-2343.

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  • (a) The Council of the District of Columbia is authorized and empowered, when in its discretion such is deemed advisable, to require a license of other businesses or callings not listed in this chapter or Chapter 30 of this title and which, in its judgment, require inspection, supervision, regulation, or any other activity or expenditure by any municipal agencies; and the Council of the District of Columbia is further authorized and empowered to fix the license fee therefor in such amount as, in its judgment, will be not less than the cost to the District of Columbia of such inspection, supervision, regulation, or other activity or expenditure. The Council is further authorized and empowered in its discretion to modify any of the provisions of this chapter or Chapter 30 of this title so far as eliminating therefrom any business or calling in this chapter or Chapter 30 of this title required to be licensed, and the Council is further authorized and empowered in its discretion to raise or lower the amount of the license fee provided in this chapter or Chapter 30 of this title, when in its judgment such increase or decrease is warranted.

    (b) The fee for an original or renewal license for motor vehicle driving instructors shall be $78.

    (c) Repealed.

    (d) The Council shall make such regulations, modifications, or eliminations of licensing requirements consistent with the basic business license system as set forth in subchapter I-A of this chapter.

    (July 1, 1902, 32 Stat. 628, ch. 1352, § 7, par. 45; July 1, 1932, 47 Stat. 562, ch. 366; Sept. 14, 1976, D.C. Law 1-82, title I, § 108, 23 DCR 2461; Apr. 3, 1982, D.C. Law 4-97, § 7, 29 DCR 765; Aug. 17, 1991, D.C. Law 9- 30, § 7, 38 DCR 4215; enacted, Apr. 9, 1997, D.C. Law 11-254, § 2, 44 DCR 1575; Apr. 20, 1999, D.C. Law 12-255, § 3(b), 46 DCR 1279; Apr. 20, 1999, D.C. Law 12-261, § 2003(pp)(37), 46 DCR 3142; June 5, 2003, D.C. Law 14- 307, § 1702, 49 DCR 11664; Apr. 13, 2005, D.C. Law 15-354, § 73(l)(3), 52 DCR 2638; Oct. 20, 2005, D.C. Law 16-33, § 5003, 52 DCR 7503.)

    HISTORICAL AND STATUTORY NOTES

    Prior Codifications

    1981 Ed., § 47-2842.

    1973 Ed., § 47-2344.

    Effect of Amendments

    D.C. Law 14-307, in subsec. (b), substituted "$78" for "$50".

    D.C. Law 15-354, in subsec. (d), substituted "basic business license system" for "master business licensing scheme".

    D.C. Law 16-33 repealed subsec. (c) which had read as follows:

    "(c) Notwithstanding subsection (a) of this section, no licensing fees shall be charged to any child development home as defined in § 4-401(3)."

    Temporary Amendments of Section

    For temporary (225 day) amendment of section, see § 114(a) of Omnibus Budget Support Temporary Act of 1991 (D.C. Law 9-19, August 17, 1991, law notification 38 DCR 5786).

    Emergency Act Amendments

    For temporary amendment of section, see § 3(b) of the Child Development Home Promotion Emergency Amendment Act of 1998 (D.C. Act 12-444, October 9, 1998, 45 DCR 7304), and § 3(b) of the Child Development Home Promotion Legislative Review Emergency Amendment Act of 1998 (D.C. Act 12-604, January 20, 1999, 45 DCR 1281).

    For temporary (90-day) amendment of section, see § 3(b) of the Child Development Home Promotion Congressional Review Emergency Amendment Act of 1999 (D.C. Act 13-57, April 16, 1999, 46 DCR 3862).

    For temporary (90 day) amendment of section, see § 1702 of Fiscal Year 2003 Budget Support Amendment Emergency Act of 2002 (D.C. Act 14-544, December 4, 2002, 49 DCR 11700).

    For temporary (90 day) amendment of section, see § 1702 of the Fiscal Year 2003 Budget Support Amendment Congressional Review Emergency Act of 2003 (D.C. Act 15-27, February 24, 2003, 50 DCR 2151).

    For temporary (90 day) amendment of section, see § 1702 of Fiscal Year 2003 Budget Support Amendment Second Congressional Review Emergency Act of 2003 (D.C. Act 15-103, June 20, 2003, 50 DCR 5499).

    For temporary (90 day) amendment of section, see § 5003 of Fiscal Year 2006 Budget Support Emergency Act of 2005 (D.C. Act 16-168, July 26, 2005, 52 DCR 7667).

    Legislative History of Laws

    For legislative history of D.C. Law 1-82, see Historical and Statutory Notes following § 47-2808.

    Law 4-97, the "Motor Vehicle Services Fees and Driver Education Support Act of 1982," was introduced in Council and assigned Bill No. 4-337, which was referred to the Committee on Transportation and Environmental Affairs. The Bill was adopted on first and second readings on January 12, 1982, and January 26, 1982, respectively. Signed by the Mayor on February 9, 1982, it was assigned Act No. 4-155 and transmitted to both Houses of Congress for its review.

    Law 9-30, the "District of Columbia Motor Vehicle Services Fees Amendment Act of 1991," was introduced in Council and assigned Bill No. 9-163, which was referred to the Committee on Public Works. The Bill was adopted on first and second readings on June 4, 1991, and June 18, 1991, respectively. Signed by the Mayor on July 2, 1991, it was assigned Act No. 9-57 and transmitted to both Houses of Congress for its review.

    Law 12-255, the "Child Development Home Promotion Amendment Act of 1998," was introduced in Council and assigned Bill No. 12-820, which was referred to the Committee on Human Services. The Bill was adopted on first and second readings on December 1, 1998, and December 15, 1998, respectively. Signed by the Mayor on December 29, 1998, it was assigned Act No. 12-603 and transmitted to both Houses of Congress for its review. D.C. Law 12-255 became effective on April 20, 1999.

    For legislative history of D.C. Law 12-261, see Historical and Statutory Notes following § 47-2801.

    For Law 14-307, see notes following § 47-903.

    For Law 15-354, see notes following § 47-340.03.

    For Law 16-33, see notes following § 47-308.01.

    References in Text

    Chapter 30 of this title, referred to throughout subsection (a) of this section, was repealed by D.C. Law 5-136.

    Miscellaneous Notes

    District of Columbia Drug Manufacture and Distribution Licensure Act of 1990: See D.C. Law 8-137, codified as §§ 8-131, 8-137 and 33-1001 et seq.

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  • (May 22, 1984, D.C. Law 5-84, § 22(a), 31 DCR 1815.)

    HISTORICAL AND STATUTORY NOTES

    Prior Codifications

    1981 Ed., § 47-2843.

    Legislative History of Laws

    Law 5-84, the "D.C. Funeral Services Regulatory Act of 1984," was introduced in Council and assigned Bill No. 5-7 which was referred to the Committee on Consumer and Regulatory Affairs. The Bill was adopted on first and second readings on February 28, 1984 and March 13, 1984, respectively. Signed by the Mayor on March 29, 1984, it was assigned Act No. 5-120 and transmitted to both Houses of Congress for its review.

    Miscellaneous Notes

    Repeal of regulations: Section 22(b) of D.C. Law 5-84 provided that the rules and regulations governing the licensing of undertakers and apprentice undertakers within the District of Columbia, promulgated March 23, 1954 (c.o. 54-644; 17 DCMR Chapter 23), are repealed.

    Board of Funeral Directors and Embalmers abolished: Section 22(c) of D.C. Law 5-84 provided that the Board of Funeral Directors and Embalmers, established pursuant to paragraph (2) of subsection (d) of § 47-2843, is abolished on the date that the final member of the Board of Funeral Directors established under § 3-403 takes office.

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  • (a) The Council of the District of Columbia is further authorized and empowered to make any regulations that may be necessary in furtherance of the purpose of this chapter and the Mayor is further authorized and empowered to suspend or revoke any license issued hereunder when, in his judgment, such is deemed desirable in the interest of public decency or the protection of lives, limbs, health, comfort, and quiet of the citizens of the District of Columbia, or for any other reason he may deem sufficient.

    (a-1)(1) In accordance with § 2-509, the Mayor shall revoke the license of any licensee who knowingly has permitted on the licensed premises:

    (A) The illegal sale, negotiation for sale, or use of any controlled substance as that term is defined in Chapter 9 of Title 48, or the Controlled Substances Act of 1970, approved October 27, 1970 (84 Stat. 1243; 21 U.S.C. § 801 et seq.);

    (B) The possession, sale, or negotiation for sale of drug paraphernalia in violation of Chapter 11 of Title 48; or

    (C) An act of prostitution as defined in [§ 22-2701.01(1)], or any act that violates any provision of [§§ 22-2701 through 22-2712 and 22-2718 through 22-2723].

    (2) The Mayor, by rule, shall establish costs and fines to cover revocation of any license revoked pursuant to paragraph (1) of this subsection.

    (b) Notwithstanding any of the provisions of this chapter requiring an inspection as a prerequisite to the issuance of a license, the Council is authorized to provide by regulation that any such inspection shall be made either prior or subsequent to the issuance of a license, but any such license, whether issued prior or subsequent to a required inspection, may be suspended or revoked for failure of the licensee to comply with the laws or regulations applicable to the licensed business, trade, profession, or calling.

    (c)(1) The Council may in its discretion require that any class or subclass of licensees licensed under the authority of this chapter to engage in a business, trade, profession or calling involving an express or implied agreement to collect money for others shall give bond to safeguard against financial loss those persons with whom such class or subclass of licensees may so agree.

    (2) The bond which may be required by the Council under the authority of this subsection shall be a corporate surety bond in an amount to be fixed by the Council, but not to exceed $15,000, conditioned upon the observance by the licensee and any agent or employee of said licensee of all laws and regulations in force in the District of Columbia applicable to the licensee's conduct of the business, trade, profession, or calling licensed under the authority of this chapter, for the benefit of any person who may suffer damages resulting from the violation of any such law or regulation by or on the part of such licensee, his agent, or employee.

    (3) Any person aggrieved by the violation of any law or regulation applicable to a licensee's conduct of a business, trade, profession, or calling involving the collection of money for others shall have, in addition to his right of action against such licensee, a right to bring suit against the surety on the bond authorized by this subsection, either alone or jointly with the principal thereon, and to recover in an amount not exceeding the penalty of the bond any damages sustained by reason of any act, transaction, or conduct of the licensee and any agent or employee of said licensee which is in violation of law or regulation in force in the District of Columbia relating to the business, trade, profession, or calling licensed under this chapter; and the provisions of the 2nd, 3rd (except the last sentence thereof), and 5th paragraphs of subsection (b) of § 1-301.01 shall be applicable to such bond as if it were the bond authorized by the first paragraph of such subsection (b) of § 1- 301.01; provided, that nothing in this subsection shall be construed to impose upon the surety on any such bond a greater liability than the total amount thereof or the amount remaining unextinguished after any prior recovery or recoveries.

    (4) This subsection shall not be applicable to persons when engaged in the regular course of any of the following professions or businesses:

    (A) Attorneys-at-law;

    (B) Persons regularly employed on a regular wage or salary, in the capacity of creditment or in a similar capacity, except as an independent contractor;

    (C) Banks and financing and lending institutions;

    (D) Common carriers;

    (E) Title insurers and abstract companies while doing an escrow business;

    (F) Licensed real estate brokers; or

    (G) Employees of any class or subclass of licensees required to give bond under this subsection.

    (July 1, 1902, 32 Stat. 628, ch. 1352, § 7, par. 46; July 1, 1932, 47 Stat. 563, ch. 366; July 3, 1956, 70 Stat. 491, ch. 511, § 2; Sept. 1, 1959, 73 Stat. 447, Pub. L. 86-217, § 1; Apr. 22, 1960, 74 Stat. 72, Pub. L. 86- 431, § 4; Apr. 30, 1988, D.C. Law 7-104, § 43(e), 35 DCR 147; Mar. 8, 1991, D.C. Law 8-231, § 2, 38 DCR 257; enacted, Apr. 9, 1997, D.C. Law 11- 254, § 2, 44 DCR 1575; Apr. 4, 2006, D.C. Law 16-81, § 5(b), 53 DCR 1050.)

    HISTORICAL AND STATUTORY NOTES

    Prior Codifications

    1981 Ed., § 47-2844.

    1973 Ed., § 47-2345.

    Effect of Amendments

    D.C. Law 16-81, in subpar. (a-1)(1)(A), substituted ";" for "; or"; in subpar. (a-1)(1)(B) substituted "; or" for "."; and added new subpar. (a-1) (1)(C).

    Legislative History of Laws

    For legislative history of D.C. Law 7-104, see Historical and Statutory Notes following § 47-2801.

    Law 8-231, the "General License Law Amendment Act of 1990," was introduced in Council and assigned Bill No. 8-250, which was referred to the Committee on Finance and Revenue. The Bill was adopted on first and second readings on December 4, 1990, and December 18, 1990, respectively. Signed by the Mayor on December 27, 1990, it was assigned Act No. 8-314 and transmitted to both Houses of Congress for its review.

    Law 16-81, the "Nuisance Abatement Reform Amendment Act of 2006", was introduced in Council and assigned Bill No. 16-80 which was referred to the Committee on Consumer and Regulatory Affairs.  The Bill was adopted on first and second readings on December 6, 2005, and January 4, 2006, respectively. Signed by the Mayor on January 26, 2006, it was assigned Act No. 16-267 and transmitted to both Houses of Congress for its review.   D.C. Law 16-81 became effective on April 4, 2006.

    Delegation of Authority

    Delegation of Authority under D.C. Official Code 47-2844(a), see Mayor's Order 2008-155, November 14, 2008 (55 DCR 12536).

    Delegation of Authority pursuant to D.C. Official Code § 47-2844(a-1), see Mayor's Order 2009-163, September 25, 2009 (56 DCR 8090).

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  • (a)(1) When a board, or the Mayor, after investigation but prior to a hearing, has cause to believe that a person is violating any provision of this chapter and the violation has caused or may cause immediate and irreparable harm to the public, the board or the Mayor may issue an order requiring the alleged violator to cease and desist immediately from the violation. The order shall be served by certified mail or delivery in person.

    (2) A copy of the cease and desist order shall be served on the holder of a certificate of occupancy for the premises and on the property owner of record if each of these persons or entities are separate and distinct from the licensee.

    (b)(1) The alleged violator may, within 15 days of the service of the order, submit a written request to the board to hold a hearing on the alleged violation.

    (2) Upon receipt of a timely request, the board shall conduct a hearing and render a decision pursuant to § 47-2853.22.

    (c)(1) The alleged violator may, within 10 days of the service of an order, submit a written request to the board for an expedited hearing on the alleged violation, in which case he or she shall waive his or her right to the 15-day notice required by subsection (b)(1) of this section.

    (2) Upon receipt of a timely request for an expedited hearing, the board shall conduct a hearing within 10 days of the date of receiving the request and shall deliver to the alleged violator at his or her last known address a written notice of the hearing by any means guaranteed to be received at least 5 days before the hearing date.

    (3) The board shall issue a decision within 30 days after an expedited hearing.

    (d) If a request for a hearing is not made pursuant to subsections (b) and (c) of this section, the order of the board to cease and desist shall be final.

    (e) If, after a hearing, the board determines that the alleged violator is not in violation of this subchapter, the board shall vacate the order to cease and desist.

    (f) If any person fails to comply with a lawful order of a board issued pursuant to this section, the board may petition the court to issue an order compelling compliance or take any other action authorized by this chapter.

    (Apr. 4, 2006, D.C. Law 16-81, § 5(c), 53 DCR 1050.)

    HISTORICAL AND STATUTORY NOTES

    Legislative History of Laws

    For Law 16-81, see notes following § 47-2884.

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  • Prosecutions for violations of any of the provisions of this chapter, or of any section added hereto from time to time by the Council of the District of Columbia, or of any regulation made by the Council under authority of this chapter, shall be on information in the Superior Court of the District of Columbia by the Attorney General for the District of Columbia or any of his assistants.

    (July 1, 1902, 32 Stat. 628, ch. 1352, § 7, par. 47; July 1, 1932, 47 Stat. 563, ch. 366; Apr. 1, 1942, 56 Stat. 190, ch. 207, § 1; July 8, 1963, 77 Stat. 77, Pub. L. 88-60, § 1; July 29, 1970, 84 Stat. 570, Pub. L. 91- 358, title I, § 155(a); Apr. 30, 1988, D.C. Law 7-104, § 43(f), 35 DCR 147; enacted, Apr. 9, 1997, D.C. Law 11-254, § 2, 44 DCR 1575; Apr. 13, 2005, D.C. Law 15-354, § 73(l)(4), 52 DCR 2638; Mar. 2, 2007, D.C. Law 16- 191, § 48(h)(3), 53 DCR 6794.)

    HISTORICAL AND STATUTORY NOTES

    Prior Codifications

    1981 Ed., § 47-2845.

    1973 Ed., § 47-2346.

    Effect of Amendments

    D.C. Law 15-354 substituted "Attorney General for the District of Columbia" for "Corporation Counsel".

    D.C. Law 16-191 validated a previously made technical correction.

    Legislative History of Laws

    For legislative history of D.C. Law 7-104, see Historical and Statutory Notes following § 47-2801.

    For Law 15-354, see notes following § 47-340.03.

    Law 16-191, the "Technical Amendments Act of 2006", was introduced in Council and assigned Bill No. 16-760, which was referred to the Committee of the whole. The Bill was adopted on first and second readings on June 20, 2006, and July 11, 2006, respectively. Signed by the Mayor on July 31, 2006, it was assigned Act No. 16-475 and transmitted to both Houses of Congress for its review. D.C. Law 16-191 became effective on March 2, 2007.

  • Current through October 23, 2012 Back to Top
  • Any person violating any of the provisions of this chapter, or additions thereto made from time to time by the Council of the District of Columbia, where no specific penalty is fixed, or the violation of any regulation made by the Council under the authority of this chapter, shall upon conviction be fined not more than $300 or imprisoned for not more than 90 days. Any person failing to file any information required by this chapter, or by any regulation of the Council made under the provisions hereof, or who in filing any such information makes any false or misleading statement, shall upon conviction be fined not more than $300 or imprisoned for not more than 90 days. Civil fines, penalties, and fees may be imposed as alternative sanctions for any infraction of the provisions of this chapter, or any rules or regulations issued under the authority of this chapter, pursuant to Chapter 18 of Title 2. Adjudication of any infraction of this chapter shall be pursuant to Chapter 18 of Title 2.

    (July 1, 1902, 32 Stat. 628, ch. 1352, § 7, par. 48; July 1, 1932, 47 Stat. 563, ch. 366; Oct. 5, 1985, D.C. Law 6-42, § 469(b), 32 DCR 4450; Apr. 30, 1988, D.C. Law 7-104, § 43(g), 35 DCR 147; Mar. 8, 1991, D.C. Law 8- 237, § 28, 38 DCR 314; enacted, Apr. 9, 1997, D.C. Law 11-254, § 2, 44 DCR 1575.)

    HISTORICAL AND STATUTORY NOTES

    Prior Codifications

    1981 Ed., § 47-2846.

    1973 Ed., § 47-2347.

    Temporary Amendments of Section

    For temporary (225 day) amendment of section, see § 2 of Elimination of Unlicensed Group Residential Facilities Temporary Act of 2000 (D.C. Law 13-144, July 18, 2000, law notification 47 DCR 6094).

    Emergency Act Amendments

    For temporary (90-day) amendment of section, see § 2 of the Elimination of Unlicensed Group Residential Facilities Emergency Amendment Act of 2000 (D.C. Act 13-318, April 17, 2000, 47 DCR 2880).

    Legislative History of Laws

    For legislative history of D.C. Law 6-42, see Historical and Statutory Notes following § 47-2808.

    For legislative history of D.C. Law 7-104, see Historical and Statutory Notes following § 47-2801.

    Law 8-237, the "Department of Consumer and Regulatory Affairs Civil Infractions Act of 1985 Technical and Clarifying Amendments Act of 1990," was introduced in Council and assigned Bill No. 8-203, which was referred to the Committee on Consumer and Regulatory Affairs. The Bill was adopted on first and second readings on December 4, 1990, and December 18, 1990, respectively. Signed by the Mayor on December 27, 1990, it was assigned Act No. 8-320 and transmitted to both Houses of Congress for its review.

  • Current through October 23, 2012 Back to Top
  • Any violation of any provision of law or regulation issued hereunder which is repealed by this chapter and any liability arising under such provisions or regulations may, if the violation occurred or the liability arose prior to such repeal, be prosecuted to the same extent as if this chapter had not been enacted.

    (July 1, 1902, 32 Stat. 628, ch. 1352, § 7, par. 49; July 1, 1932, 47 Stat. 563, ch. 366; Apr. 30, 1988, D.C. Law 7-104, § 43(h), 35 DCR 147; enacted, Apr. 9, 1997, D.C. Law 11-254, § 2, 44 DCR 1575.)

    HISTORICAL AND STATUTORY NOTES

    Prior Codifications

    1981 Ed., § 47-2847.

    1973 Ed., § 47-2348.

    Legislative History of Laws

    For legislative history of D.C. Law 7-104, see Historical and Statutory Notes following § 47-2801.

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  • If any provision of this chapter is declared unconstitutional or the applicability thereof to any person or circumstance is held invalid, the validity of the remainder of the chapter and the applicability of such provision to other persons and circumstances shall not be affected thereby.

    (July 1, 1902, 32 Stat. 628, ch. 1352, § 7, par. 50; July 1, 1932, 47 Stat. 563, ch. 366; Apr. 30, 1988, D.C. Law 7-104, § 43(i), 35 DCR 147; enacted, Apr. 9, 1997, D.C. Law 11-254, § 2, 44 DCR 1575.)

    HISTORICAL AND STATUTORY NOTES

    Prior Codifications

    1981 Ed., § 47-2848.

    1973 Ed., § 47-2349.

    Legislative History of Laws

    For legislative history of D.C. Law 7-104, see Historical and Statutory Notes following § 47-2801.

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  • The Mayor of the District of Columbia is authorized to refund any license fee or tax, or portion thereof, erroneously paid or collected under this chapter.

    (July 1, 1902, 32 Stat. 628, ch. 1352, § 7, par. 51; July 1, 1932, 47 Stat. 563, ch. 366; Apr. 30, 1988, D.C. Law 7-104, § 43(j), 35 DCR 147; enacted, Apr. 9, 1997, D.C. Law 11-254, § 2, 44 DCR 1575.)

    HISTORICAL AND STATUTORY NOTES

    Prior Codifications

    1981 Ed., § 47-2849.

    1973 Ed., § 47-2350.

    Legislative History of Laws

    For legislative history of D.C. Law 7-104, see Historical and Statutory Notes following § 47-2801.

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  • (a) The Mayor is authorized, in accordance with [subchapter I of Chapter 5 of Title 2], to:

    (1) Promulgate rules to govern the business of furnishing towing services for motor vehicles; and

    (2) Amend or repeal any provision of chapter 4 of Title 16 of the District of Columbia Municipal Regulations governing the business of furnishing towing services for motor vehicles.

    (b) Rules proposed pursuant to this section shall be submitted to the Council for a 45-day period of review, excluding Saturdays, Sundays, legal holidays, and days of Council recess. If the Council does not approve or disapprove the proposed regulations, in whole or in part, by resolution, within this 45-day review period, the proposed regulations shall be deemed disapproved.

    (c)(1) Any person who violates any of the rules promulgated pursuant to this section shall be guilty of a misdemeanor and upon conviction, shall be subject to a fine not exceeding $1,000 per violation, imprisonment for not more that 90 days, or both.

    (2) All prosecutions for violations of any rule or regulation issued pursuant to this section shall be in the Criminal Division of the Superior Court of the District of Columbia in the name of the District of Columbia by information signed by the Attorney General or one of his or her assistants.

    (3) Civil fines, penalties, and fees may be imposed as alternative sanctions for any infraction of the rules issued pursuant to this section, pursuant to Chapter 18 of Title 2. Adjudication of any infractions shall be pursuant Chapter 18 of Title 2.

    (Apr. 5, 2005, D.C. Law 15-279, § 2, 52 DCR 841.)

    HISTORICAL AND STATUTORY NOTES

    Temporary Addition of Section

    For temporary (225 day) addition of section, see § 2(b) of Towing Vehicles Rulemaking Authority Temporary Act of 2002 (D.C. Law 14-126, May 2, 2002, law notification 49 DCR 4401).

    For temporary (225 day) addition of section, see § 2(b) of Towing Vehicles Rulemaking Authority Continuation Temporary Act of 2002 (D.C. Law 14-277, April 2, 2003, law notification 50 DCR 2740).

    For temporary (225 day) addition of section, see § 2(b) of Towing Regulation and Enforcement Authority Temporary Act of 2003 (D.C. Law 15-93, March 10, 2004, law notification 51 DCR 3613).

    For temporary (225 day) addition of section, see § 2 of Towing Regulation and Enforcement Authority Temporary Act of 2004 (D.C. Law 15-248, March 17, 2005, law notification 52 DCR 4124).

    Emergency Act Amendments

    For temporary (90 day) addition of § 47-2850, see § 2(b) of Towing Vehicles Rulemaking Authority Emergency Act of 2002 (D.C. Act 14-266, January 30, 2002, 49 DCR 1465).

    For temporary (90 day) addition of § 47-2850, see § 2(b) of Towing Vehicles Rulemaking Authority Continuation Emergency Act of 2002 (D.C. Act 14-567, December 23, 2002, 50 DCR 294).

    For temporary (90 day) addition of section, see § 2 of Towing Regulation and Enforcement Authority Emergency Act of 2003 (D.C. Act 15-225, November 25, 2003, 50 DCR 10706).

    For temporary (90 day) addition of section, see § 2(b) of Towing Regulation and Enforcement Authority Congressional Review Emergency Act of 2004 (D.C. Act 15- 373, February 19, 2004, 51 DCR 2615).

    For temporary (90 day) addition of section, see § 2(b) of Towing Regulation and Enforcement Authority Emergency Act of 2004 (D.C. Act 15-554, October 26, 2004, 51 DCR 10364).

    For temporary (90 day) addition of section, see § 2(b) of Towing Regulation and Enforcement Authority Congressional Review Emergency Act of 2005 (D.C. Act 16- 17, February 17, 2005, 52 DCR 2960).

    Legislative History of Laws

    Law 15-279, the "Towing Regulation and Enforcement Authority Act of 2004", was introduced in Council and assigned Bill No. 15-364, which was referred to the Committee on Public Works and Environment. The Bill was adopted on first and second readings on November 9, 2004, and December 7, 2004, respectively. Signed by the Mayor on December 29, 2004, it was assigned Act No. 15-670 and transmitted to both Houses of Congress for its review. D.C. Law 15-279 became effective on April 5, 2005.

    Resolutions

    Resolution 15-62, the "Towing Services for Motor Vehicles Rulemaking Approval Resolution of 2003", was approved effective March 18, 2003.

    Resolution 15-437, the "Towing Regulation and Enforcement Authority Approval Resolution of 2004", was approved effective February 3, 2004.

    Resolution 15-813, the"Towing Regulation and Enforcement Authority Regulation Approval Resolution of 2004", was approved effective December 21, 2004.