-
Current through October 23, 2012
For the purposes of this subchapter, the term:
(1)(A) "Applicant" means:
(i) An individual, business, or other entity that applies for the license or permit; and
(ii) Any person that owns a majority interest in the business or other entity; provided, that this sub-subparagraph shall not apply to a majority interest in a publicly-traded corporation.
(B) For the purposes of this paragraph, the term "majority interest" means:
(i) In the case of a corporation, more than 50% of the total combined voting power of all classes of stock of the corporation or more than 50% of the total value of all of the corporation;
(ii) In the case of a partnership, or entity treated as a partnership, more than 50% of the total interest in the capital or profits of a partnership or entity treated as a partnership; or
(iii) In the case of a trust, more than 50% of the beneficial interest in a trust.
(1A) "District government" means the Mayor, any executive branch or independent agency except the courts, the District of Columbia Water and Sewer Authority, or any board or commission other than the Alcohol Beverage Control Board.
(1B) "District of Columbia Water and Sewer Authority service fees" or "service fees" means all fees or charges, including penalty and interest, billed by the District of Columbia Water and Sewer Authority.
(2) "License" and "permit" means any license or permit issued by the District government, except that the terms "license" and "permit" shall not include:
(A) Any license or permit required pursuant § 6-1401 et seq.; or
(B) Any license or permit determined by the Mayor to be necessary to secure, remove, or otherwise remedy an unsafe and hazardous condition that presents an immediate threat to public health or safety.
(3) "Mayor" means the Mayor of the District of Columbia.
(4) "Taxes" means any tax or fee, including any penalties or interest associated with such tax or fee, administered by the District of Columbia Department of Finance and Revenue or its successor agency.
(May 11, 1996, D.C. Law 11-118, § 2, 43 DCR 1191; enacted, Apr. 9, 1997, D.C. Law 11-254, § 2, 44 DCR 1575; Oct. 21, 2000, D.C. Law 13-183, § 2(b), 47 DCR 7062; Mar. 2, 2007, D.C. Law 16-192, § 1011(b), 53 DCR 6899.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 47-2861.
Effect of Amendments
D.C. Law 13-183 added at the end of par. (1) "or the District of Columbia Water and Sewer Authority", and added par. (5).
D.C. Law 16-192 rewrote par. (1); redesignated former par. (1A) as (1B); and added par. (1A). Prior to amendment, par. (1) read as follows:
"(1) "District government" means the Mayor, any executive branch or independent agency excluding the courts, or any board or commission of the government of the District of Columbia or the District of Columbia Water and Sewer Authority."
Emergency Act Amendments
For temporary (90 day) amendment of section, see § 1011(b) of Fiscal Year 2007 Budget Support Emergency Act of 2006 (D.C. Act 16-477, August 8, 2006, 53 DCR 7068).
For temporary (90 day) amendment of section, see § 1011(b) of Fiscal Year 2007 Budget Support Congressional Review Emergency Act of 2006 (D.C. Act 16-499, October 23, 2006, 53 DCR 8845).
For temporary (90 day) amendment of section, see § 1011(b) of Fiscal Year 2007 Budget Support Congressional Review Emergency Act of 2007 (D.C. Act 17-1, January 16, 2007, 54 DCR 1165).
Legislative History of Laws
Law 11-118, the "Clean Hands Before Receiving a License or Permit Act of 1996," was introduced in Council and Assigned Bill No. 11-260, which was referred to the Committee on Public Works and the Environment. The Bill was adopted on first and second readings on January 4, 1996, and February 26, 1996, respectively. Signed by the mayor on February 26, 1996, it was assigned Act No. 11-222 and transmitted to both Houses of Congress for its review. D. C. Law 11-118 became effective on May 11, 1996.
For Law 13-183, see notes following § 47-2851.11.
For Law 16-192, see notes following § 47-313.
References in Text
Pursuant to the Office of the Chief Financial Officer's "Notice of Public Interest" published in the April 18, 1997, issue of the District of Columbia Register (44 DCR 2345) the Office of Tax and Revenue assumed all of the duties and functions previously performed by the Department of Finance and Revenue, as set forth in Commissioner's Order 69-96, dated March 7, 1969. This action was made effective January 22, 1997, nunc pro tunc.
Miscellaneous Notes
Short title: Section 1010 of D.C. Law 16-192 provided that subtitle B of title I of the act may be cited as the Clean Hands Licensing Revision Act of 2006.
