For the purposes of this subchapter, the term:
(1) "Basic business license" means the single document designed for public display issued by the business license center that certifies District agency license approval and that incorporates the endorsements for individual licenses included in the basic business license system that the District requires for any person subject to this subchapter. The term "basic business license" shall include a master business license issued prior to the effective date of the Streamlining Regulation Emergency Act of 2003, passed on an emergency basis on July 8, 2003 (Enrolled version of Bill 15-317) [August 11, 2003].
(1A) "Basic business license application" means a document incorporating pertinent data from existing applications for licenses covered under this subchapter.
(1B)(A) "Business" means any trade, profession, or activity which provides, or holds itself out to provide, goods or services to the general public or to any portion of the general public, for hire or compensation in the District of Columbia.
(B) "Business" shall not include the following:
(i) The activities of any political subdivision, or of any authority created and organized under and pursuant to law of the District;
(ii) The activities of any compact entered into by the District with any state or political subdivision of a state; or
(iii) Any employment for wages or salary.
(2) "Business License Center" means the business registration and licensing center established by this subchapter and located in and under the administrative control of the Department of Consumer and Regulatory Affairs.
(3) "Department" means the Department of Consumer and Regulatory Affairs.
(4) "Director" means the Director of the Department of Consumer and Regulatory Affairs.
(5) "License" means the whole or part of any agency permit, license, certificate, approval, registration, charter, or any form or permission required by law, including agency rule, to engage in any activity.
(5A) "License information packet" means a collection of information about licensing requirements and application procedures custom-assembled for each request.
(6) Repealed.
(7) Repealed.
(8) "Person" means any individual, sole proprietorship, partnership, association, cooperative, corporation, nonprofit organization, and any other organization required to obtain one or more licenses from the District or any of its agencies.
(9) "Regulation" means any licensing or other governmental or statutory requirements pertaining to business or professional activities.
(10) "Regulatory agency" means any District agency, board, commission, or division which regulates one or more professions, occupations, industries, businesses, or activities.
(11) "Renewal application" means a document used to collect pertinent data for renewal of licenses covered under this subchapter.
(12) "System" means the mechanism by which basic business licenses are issued and renewed, license and regulatory information is disseminated, and account data is exchanged by the agencies.
(Apr. 29, 1998, D.C. Law 12-86, § 101(b), 45 DCR 1172; Apr. 20, 1999, D.C. Law 12-261, § 2002(b), (c), 46 DCR 3142; Aug. 11, 2003, D.C. Law 15- 38, § 2(c), 50 DCR 6913; Oct. 28, 2003, D.C. Law 15-38, § 2(c), 50 DCR 6913; Apr. 13, 2005, D.C. Law 15-354, § 73(l)(5), 52 DCR 2638.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 47-2851.1.
Effect of Amendments
D.C. Law 15-38, added new par. (1); added par. (1A); redesignated existing par. (1)(A) as par. (1B)(A); in redesignated par. (1B)(A), substituted "in the District of Columbia." for ", and which pays, or is subject to the payment of, taxes on earnings, or fees in lieu of taxes, to the District of Columbia, or which qualifies for tax-exempt status under District law."; repealed pars. (6) and (7); in par. 8, deleted "to register with the District to do business in the District and"; and, in par. (12), substituted "basic" for "master". Prior to repeal, pars. (6) and (7) had read as follows:
"(6) 'Master application' means a document incorporating pertinent data from existing applications for licenses covered under this subchapter."
"(7) 'Master business license' means the single document designed for public display issued by the business license center that certifies District agency license approval and that incorporates the endorsements for individual licenses included in the master business license system, that the District requires for any person subject to this subchapter."
D.C. Law 15-354, in par. (1B), validated a previously made technical correction.
Temporary Amendments of Section
For temporary (225 day) amendment of section, see § 2 of Religious Organization Exemption Amendment Temporary Act of 2002 (D.C. Law 14-216, March 25, 2002, law notification 50 DCR 2729).
Emergency Act Amendments
For temporary (90 day) amendment of section, see § 2 of Religious Organization Congressional Review Emergency Act of 2002 (D.C. Act 14-535, December 2, 2002, 49 DCR 11645).
For temporary (90 day) amendment of section, see § 2 of Religious Organization Exemption Emergency Act of 2002 (D.C. Act 14-415, July 17, 2002, 49 DCR 7382).
For temporary (90 day) amendment of section, see § 2 of Religious Organization Exemption Congressional Review Emergency Act of 2003 (D.C. Act 15-45, March 24, 2003, 50 DCR 2812).
For temporary (90 day) amendment of section, see § 2(c) of Streamlining Regulation Emergency Act of 2003 (D.C. Act 15-145, August 11, 2003, 50 DCR 6896).
For temporary (90 day) provisions for Mayor's report to Council, see § 4 of Streamlining Regulation Emergency Act of 2003 (D.C. Act 15-145, August 11, 2003, 50 DCR 6896).
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.
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 Law 15-354, see notes following § 47-340.03.
Miscellaneous Notes
Section 4 of Law 15-38 provides: "Within 16 months of the effective date of this act, the Mayor shall provide the Council with a 12-month report on the effect of this act on the regulatory, economic development, and consumer protection operations of the District of Columbia, with recommendations for modification to the District of Columbia's regulatory framework, as warranted."
(a) A person which is required under law to obtain a license issued in the form of an endorsement to engage in a business in the District of Columbia shall not engage in such business in the District of Columbia without having first obtained a basic business license and any necessary endorsements in accordance with this subchapter.
(b) A license shall be required for each business location.
(c) A person issued a license under this subchapter shall not willfully allow any other person required to obtain a separate license to operate under his or her license.
(d) Licenses granted under this subchapter may be assigned or transferred upon approval by the Department and payment of the applicable fee.
(Apr. 29, 1998, D.C. Law 12-86, § 101(b), 45 DCR 1172; Apr. 20, 1999, D.C. Law 12-261, § 2002(b), (d), 46 DCR 3142; Oct. 28, 2003, D.C. Law 15-38, § 2(d), 50 DCR 6913.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 47-2851.2.
Effect of Amendments
D.C. Law 15-38 rewrote the section which had read as follows:
"(a) No person shall engage in or carry on any business in the District of Columbia without having first obtained a master business license and any necessary endorsements in accordance with this subchapter; provided, however, that no license shall be required of:
"(1) A person who does not maintain a business address in the District of Columbia and who engages in business only in affiliation with a licensed business providing the same or similar services; or
"(2) A person whose annual gross receipts are $2,000 or less in any calendar year; provided, that the person is not required to obtain a license under one of the Class A License endorsement categories set forth in § 47-2851.03.
"(b) Each license shall specify the particular business or businesses the licensee is authorized to operate, as defined by District law or regulation, and no licensee shall be permitted to engage in activities outside the scope of the license.
"(c) A license shall be required for each business location.
"(d) No person issued a license under this subchapter shall willfully allow any other person required to obtain a separate license to operate under his or her license.
"(e) Licenses granted under this subchapter may be assigned or transferred upon approval by the Department and payment of the applicable fee."
Emergency Act Amendments
For temporary (90 day) amendment of section, see § 2(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 12-86, see Historical and Statutory Notes following § 47-2851.01.
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.
(a) Endorsements to a basic business license shall be issued in the following license endorsement categories:
(1) Repealed.
(2) Educational Services;
(3) Entertainment;
(4) Environmental Materials;
(5) Financial Services;
(6)(A) Housing: Transient; and
(B) Housing: Residential;
(7) Inspected Sales and Services;
(8) Manufacturing;
(9) Motor Vehicle Sales, Service, and Repair;
(10)(A) Public Health: Health Care Facility;
(B) Public Health: Human Services Facility;
(C) Public Health: Child Health and Welfare;
(D) Public Health: Public Accommodations;
(E) Public Health: Pharmacy and Pharmacology;
(F) Public Health: Funeral Establishment;
(G) Public Health: Radioactive Materials;
(H) Public Health: Biohazard;
(I) Public Health: Food Establishment Wholesale; and
(J) Public Health: Food Establishment Retail;
(11) Public Safety;
(12) Employment Services;
(13) General Sales;
(14) General Services and Repair; and
(15) General Business.
(b) All Class A or Class B license endorsements to master business licenses issued by the Department prior to the effective date of the Streamlining Regulation Emergency Act of 2003, passed on an emergency basis on July 8, 2003 (Enrolled version of Bill 15-317) [August 11, 2003], are hereby redesignated as license endorsements, without designation of class, to a basic business license. Nothing in the foregoing shall be read as eliminating the criteria, established either by rule or statute, that govern the awarding of any license endorsement affected by this section.
(c) The Department shall maintain and periodically update a roster of all businesses which have been issued a basic business license, indicating the license endorsements appended to each basic business license.
(d) The following licenses shall not be a part of the basic business license system and shall be regulated by the Department of Health:
(1) Dog-Spayed; and
(2) Dog-Unspayed.
(Apr. 29, 1998, D.C. Law 12-86, § 101(b), 45 DCR 1172; Apr. 20, 1999, D.C. Law 12-261, § 2002(e), 46 DCR 3142; Oct. 28, 2003, D.C. Law 15-38, § 2(e), 50 DCR 6913; Sept. 30, 2004, D.C. Law 15-187, § 302(b), 51 DCR 6525.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 47-2851.3.
Effect of Amendments
D.C. Law 15-38 rewrote the section which had read as follows:
"§ 47-2851.03. Classes of license.
"(a) All licenses issued in accordance with this subchapter shall be either Class A Licenses or Class B Licenses.
"(1) Businesses licensed as Class A shall be subject to inspection and approval by the District government and may be fined, suspended, or closed for failure to pass each inspection or approval.
"(2) Businesses licensed as Class B shall not require inspection in order to be issued a master business license under the master business license system.
"(b) All business licenses issued by the Department prior to the effective date of this act are hereby consolidated into and redesignated as Class A or Class B license endorsement categories. Nothing in the foregoing shall be read as eliminating the criteria, established either by rule or statute, that govern the awarding of any license affected by this section.
"(c) Class A licenses shall be required of businesses engaged in the following license endorsement categories:
"(1) Alcoholic beverages, except that a master business license bearing an Alcoholic Beverages endorsement shall also indicate the class of endorsement applicable for the licensed business;
"(2) Educational Services;
"(3) Entertainment;
"(4) Environmental Materials;
"(5) Financial Services;
"(6)(A) Housing: transient; and
"(B) Housing: residential;
"(7) Inspected Sales and Services;
"(8) Manufacturing;
"(9) Motor Vehicle Sales, Service, and Repair;
"(10)(A) Public Health: health care facility;
"(B) Public Health: human services facility;
"(C) Public Health: child health and welfare;
"(D) Public Health: public accommodations;
"(E) Public Health: pharmacy and pharmacology;
"(F) Public Health: funeral establishment;
"(G) Public Health: radioactive materials;
"(H) Public health: biohazard;
"(I) Public Health: food establishment wholesale; and
"(J) Public Health: food establishment retail; and
"(11) Public safety;
"(d) Class B licenses shall be required of businesses engaged in the following license endorsement categories:
"(1) Employment Services;
"(2) General Sales;
"(3) General Services and Repair; and
"(4) General Business.
"(e) The following licenses shall not be a part of the master business license system, and shall be regulated by the Department of Health:
"(1) Dog-Spayed; and
"(2) Dog-Unspayed.
"(f) Any business, not required to obtain a Class A license, whether or not defined in any District statute or regulation, must obtain a Class B license. A business whose practice does not come under the coverage of one of the above named categories, and which is not subject to inspection, must obtain a Class B license under the 'General business' endorsement category.
"(g) Nothing in this section shall be construed as preventing the Director by regulation, or the Council by statute, from establishing new Class A license or Class B license categories or eliminating existing categories as the Director or Council deems necessary and appropriate. The Department shall maintain and periodically update a schedule of current license categories and classes.
"(h) The Department shall maintain and periodically update a roster of all licensed businesses, indicating whether they possess Class A licenses or Class B licenses."
D.C. Law 15-187 repealed par. (1) of subsec. (a) which had read as follows:
"(1) Alcoholic beverages, except that a basic business license bearing an Alcoholic Beverages endorsement shall also indicate the class of endorsement applicable for the licensed business;"
Emergency Act Amendments
For temporary (90 day) amendment of section, see § 116(l) of Mental Health Service Delivery Reform Congressional Review Emergency Act of 2001 (D.C. Act 14-144, October 23, 2001, 48 DCR 9947).
For temporary (90 day) amendment of section, see § 2(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 12-86, see Historical and Statutory Notes following § 47-2851.01.
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 Law 15-187, see notes following § 47-2820.
(a) Repealed.
(b)(1) The following licenses are eliminated as separate license categories:
(A) Educational and Cultural Institutions;
(B) Institutions of Learning;
(C) Medical and Dental Colleges;
(D) Post-Secondary Institutions; and
(E) Veterans Training.
(2) Businesses meeting the criteria established by law or regulation for the establishments listed in paragraph (1) of this subsection shall receive an Educational Services license endorsement.
(c)(1) The following licenses are eliminated as separate license categories:
(A) Athletic Exhibition;
(B) Billiard Parlor;
(C) Bowling Alley;
(D) Carnival (including street festivals);
(E) Circus;
(F) Mechanical Amusement;
(G) Moving Picture Theater;
(H) Public Hall;
(I) Business Street Photographer;
(J) Skating Rinks;
(K) Special Events; and
(L) Theater (live).
(2) Businesses meeting the criteria established by law or regulation for the establishments listed in paragraph (1) of this subsection shall receive an Entertainment license endorsement.
(d)(1) The following licenses are eliminated as separate license categories, except that where special endorsements or permits are required for hazardous waste treatment or asbestos waste abatement, these special endorsements or permits shall be obtained separately:
(A) Asbestos Abatement Business;
(B) Bulk Fuel Metering;
(C) Bulk Fuel Storage Plant;
(D) Bulk Fuel Above Ground Tank;
(E) Dry Cleaner;
(F) Explosives;
(G) Fireworks Sales;
(H) Gasoline Dealer;
(I) Hazardous Waste Management;
(J) Kerosene;
(K) Pesticide Applicator;
(L) Pesticide Operator;
(M) Pyroxylin;
(N) Restricted Use Pesticide Dealer;
(O) Solid Waste Collectors;
(P) Solid Waste Handling Facilities;
(Q) Solid Waste Vehicles;
(R) Solvent Sales; and
(S) Varsol Sales.
(2) Businesses meeting the criteria established by law or regulation for the establishments listed in paragraph (1) of this subsection shall receive an Environmental Materials license endorsement.
(e)(1) The following licenses are eliminated as separate license categories:
(A) Check Sellers;
(B) Consumer Credit Service Organization;
(C) Fraternal Benefit Associations;
(D) Insurance Companies;
(E) Insurance Premium Finance Companies;
(F) Insurance Rating Organizations;
(G) Life and Fire Insurance Companies;
(H) Marine Insurance;
(I) Money Lender;
(J) Mortgage Lenders and Brokers;
(K) Reinsurance Intermediary;
(L) Risk Retention Group; and
(M) Sales/Finance Company.
(2) Businesses meeting the criteria established by law or regulation for the establishments listed in paragraph (1) of this subsection shall receive a Financial Services license endorsement.
(f)(1)(A) The following licenses are eliminated as separate license categories:
(i) Candy Manufacturing;
(ii) Commercial Merchant Food;
(iii) Ice Cream Manufacturing; and
(iv) Marine Product.
(B) Businesses meeting the criteria established by law or regulation for the establishments listed in subparagraph (A) of this paragraph shall receive a Public Health: Food Establishment Retail license endorsement.
(2)(A) The following licenses are eliminated as separate license categories:
(i) Bakery;
(ii) Caterers;
(iii) Delicatessen;
(iv) Food Product;
(v) Food Vending Machines;
(vi) Grocery;
(vii) Restaurant; and
(viii) Vendor (A).
(B) Businesses meeting the criteria established by law or regulation for the establishments listed in subparagraph (A) of this paragraph shall receive a Public Health: Food Establishment Retail license endorsement.
(g)(1)(A) The following licenses are eliminated as separate license categories:
(i) Boarding House;
(ii) Hotel;
(iii) Inn and Motel; and
(iv) Rooming House.
(B) Businesses meeting the criteria established by law or regulation for the establishments listed in subparagraph (A) of this paragraph shall receive a Housing: Transient license endorsement.
(2)(A) The following licenses are eliminated as separate license categories:
(i) Apartment House; and
(ii) Cooperative Association.
(B) Businesses meeting the criteria established by law or regulation for the establishments listed in subparagraph (A) of this paragraph shall receive a Housing: Residential License endorsement.
(h)(1) The following licenses are eliminated as separate license categories:
(A) Ambulance;
(B) Auctioneer;
(C) Auctioning;
(D) Elevators;
(E) Hearing-aid dealer;
(F) Horse Drawn Carriage Trade;
(G) Pawnbrokers;
(H) Pet shops;
(I) Secondhand Dealers (A);
(J) Secondhand Dealers (C);
(K) Security Alarm Dealers; and
(L) Taxicab.
(2) Businesses meeting the criteria established by law or regulation for the establishments listed in paragraph (1) of this subsection shall receive an Inspected Sales and Services license endorsement.
(i)(1) Mattress manufacturing license is eliminated as a separate license category.
(2) Businesses meeting the criteria established by law or regulation for the establishment listed in paragraph (1) of this subsection shall receive a Manufacturing license endorsement.
(j)(1) The following licenses are eliminated as separate license categories:
(A) Auto Repossessor;
(B) Auto Rental;
(C) Auto Wash;
(D) Consumer Goods (Auto Repair);
(E) Driving School;
(F) Motor Vehicle Dealer;
(G) Motor Vehicle Sales; and
(H) Tow Truck.
(2) Businesses meeting the criteria established by law or regulation for the establishments listed in paragraph (1) of this subsection shall receive a Motor Vehicle Sales, Service, and Repair license endorsement.
(k)(1)(A) The following licenses are eliminated as separate license categories:
(i) Ambulatory Surgical Treatment Center;
(ii) Health Provider Plans;
(iii) Home Health Agency;
(iv) Hospital-Medical/surgical;
(v) Hospital-ICU/Coronary;
(vi) Hospital-OB/GYN;
(vii) Hospital-Nursery;
(viii) Hospital-Intermediate Neonatal and Neonatal Intensive Care;
(ix) Hospital-Pediatrics;
(x) Hospital-Alcoholism/Chemical Dependency;
(xi) Hospital-Rehabilitation;
(xii) Hospital-Psychiatric;
(xiii) Maternity Center;
(xiv) Non-hospital Outpatient Facility;
(xv) Nursing Home;
(xvi) Renal Dialysis Center; and
(xvii) Substance Abuse Treatment Center.
(B) Businesses meeting the criteria established by law or regulation for the establishments listed in subparagraph (A) of this paragraph shall receive a Public Health: Health Care Facility license endorsement. For any Hospital-Psychiatric, both this endorsement and the master business license shall be issued by the Department of Mental Health.
(2)(A) The following licenses are eliminated as separate license categories:
(i) Community Residence Facility; and
(ii) Group Homes for Mentally Retarded People.
(B) Businesses meeting the criteria established by law or regulation for the establishments listed in subparagraph (A) of this paragraph shall receive a Public Health: Human Services Facility license endorsement.
(3)(A) The following licenses are eliminated as separate license categories:
(i) Child Development Centers;
(ii) Child Development Homes;
(iii) Child-Placing Agencies; and
(iv) Youth Residential Facilities.
(B) Businesses meeting the criteria established by law or regulation for the establishments listed in subparagraph (A) of this paragraph shall receive a Public Health: Child health and Welfare license endorsement. For Youth Residential Facilities that are Foster Homes or Group Homes, and for Child-Placing Agencies, both this endorsement and the master business license shall be issued by the Child and Family Services Agency.
(4)(A) The following licenses are eliminated as separate license categories:
(i) Barber Shop;
(ii) Beauty Shop;
(iii) Health Spa;
(iv) Massage Establishment; and
(v) Swimming Pool.
(B) Businesses meeting the criteria established by law or regulation for the establishments listed in subparagraph (A) of this paragraph shall receive a Public Health: Public Accommodations license endorsement.
(5)(A) The following licenses are eliminated as separate license categories:
(i) Drug Distributor;
(ii) Drug Manufacturer;
(iii) Patent Medicine; and
(iv) Pharmacy.
(B) Businesses meeting the criteria established by law or regulation for the establishments listed in subparagraph (A) of this paragraph shall receive a Public Health: Pharmacy and Pharmaceuticals license endorsement.
(6)(A) The funeral services establishment license is eliminated as a separate license category.
(B) Businesses meeting the criteria established by law or regulation for the establishment listed in subparagraph (A) of this paragraph shall receive a Public Health: Funeral Establishments license endorsement.
(7)(A) The following licenses are eliminated as separate license categories:
(i) Installer of Radioactive Equipment;
(ii) Low Level Radioactive Waste Generator;
(iii) Repairer of Radioactive Equipment; and
(iv) Supplier of Radioactive Equipment.
(B) Businesses meeting the criteria established by law or regulation for the establishments listed in subparagraph (A) of this paragraph shall receive a Public Health: Radioactive Equipment license endorsement.
(8)(A) The following licenses are eliminated as separate license categories:
(i) Clinical Laboratory; and
(ii) Physician Office Laboratory.
(B) Businesses meeting the criteria established by law or regulation for the establishments listed in subparagraph (A) of this paragraph shall receive a Public Health: Laboratory license endorsement.
(l)(1) The following licenses are eliminated as separate license categories:
(A) Dealers in Dangerous Weapons;
(B) Firearms Dealer;
(C) Private Detective Agencies; and
(D) Retail Weapons Dealer.
(2) Businesses meeting the criteria established by law or regulation for the establishments listed in paragraph (1) of this subsection shall receive a Public Safety license endorsement.
(m)(1) The following licenses are eliminated as separate license categories:
(A) Employment Agency;
(B) Employer Paid Personnel Service; and
(C) Employment Counseling.
(2) Businesses meeting the criteria established by law or regulation for the following establishments shall receive an Employment Services license endorsement.
(n)(1) The following licenses are eliminated as separate license categories:
(A) Barber Chair;
(B) Beauty Booth;
(C) Bingo Suppliers;
(D) Cigarette Sales Retail;
(E) Cigarette Sales Wholesale;
(F) Mattress Sales;
(G) Second Hand Dealers (B);
(H) Solicitor;
(I) Vendor (B); and
(J) Vendor (D).
(2) Businesses meeting the criteria established by law or regulation for the establishments listed in paragraph (1) of this subsection shall receive a General Sales license endorsement.
(o)(1) The following licenses are eliminated as separate license categories:
(A) Consumer Goods (Electronic Repair);
(B) Dry Cleaner;
(C) Home Improvement;
(D) Moving of Household Goods;
(E) Outdoor Signs;
(F) Parking Establishment;
(G) Power Laundry;
(H) Tour Guide (A); and
(I) Tour Guide (B).
(2) Businesses meeting the criteria established by law or regulation for the establishments listed in paragraph (1) of this subsection shall receive a General Services and Repair license endorsement.
(p)(1) The following licenses are eliminated as separate license categories:
(A) Charitable Solicitation; and
(B) Cooperative Associations (Non-residential).
(2) Businesses meeting the criteria established by law or regulation for these establishments shall receive a General Business license endorsement.
(q) The following licenses are hereby eliminated:
(1) Bottling Establishment;
(2) Close Out Sale;
(3) Coal Dealer;
(4) Elevator Operator;
(5) Job Listing;
(6) Food Handlers;
(7) Cigarette Vending Machine;
(8) Laundry (Hand/Ironing);
(9) Livery;
(10) Medium;
(11) Moving Pictures, Film Storage;
(12) Public Scale;
(13) Shooting Gallery;
(14) Slot Weight Machine;
(15) Street Photographer;
(16) Rental Housing Locator;
(17) Abattoirs or Slaughterhouse; and
(18) Money Lender (B).
(Apr. 20, 1999, D.C. Law 12-261, § 2002(f), 46 DCR 3142; Apr. 4, 2001, D.C. Law 13-277, § 3(e), 48 DCR 2043; Dec. 18, 2001, D.C. Law 14-56, § 116(l), 48 DCR 7674; Mar. 13, 2004, D.C. Law 15-105, § 12(f), 51 DCR 881; Sept. 30, 2004, D.C. Law 15-187, § 302(c), 51 DCR 6525; Apr. 13, 2005, D.C. Law 15-354, § 85(b), 52 DCR 2638.)
HISTORICAL AND STATUTORY NOTES
Effect of Amendments
D.C. Law 13-277, in subsec. (k)(3)(B), added the second sentence.
D.C. Law 14-56, in subsec., (k)(1)(B), added the last sentence.
D.C. Law 15-105, in subsec. (f), validated a previously made technical correction.
D.C. Law 15-187 repealed subsec. (a) which had read as follows:
"(a)(1) The following licenses are eliminated as separate license categories, but shall be separate endorsement categories:
"(A) Alcoholic Beverages (A);
"(B) Alcoholic Beverages (B);
"(C) Alcoholic Beverages (C);
"(D) Alcoholic Beverages (D); and
"(E) Alcoholic Beverages (E).
"(2) Businesses meeting the criteria established by law or regulation for the establishments listed in paragraph (1) of this subsection shall receive an Alcoholic Beverages license endorsement.
D.C. Law 15-354, in subsec. (f), validated a previously made technical correction.
Temporary Amendments of Section
For temporary (225 day) amendment of section, see § 16(l) of Department of Mental Health Establishment Temporary Amendment Act of 2001 (D.C. Law 14-51, October 30, 2001, law notification 49 DCR 352).
Prior Codifications
1981 Ed., § 47-2851.3a.
Emergency Act Amendments
For temporary (90 day) amendment of section, see § 16(l) of Department of Mental Health Establishment Emergency Amendment Act of 2001 (D.C. Act 14-55, May 2, 2001, 48 DCR 4390).
For temporary (90 day) amendment of section, see § 16(l) of Department of Mental Health Establishment Congressional Review Emergency Amendment Act of 2001 (D.C. Act 14-101, July 23, 2001, 48 DCR 7123).
For temporary (90 day) amendment of section, see § 116(l) of Mental Health Service Delivery Reform Congressional Review Emergency Act of 2001 (D.C. Act 14-144, October 23, 2001, 48 DCR 9947).
Legislative History of Laws
For legislative history of D.C. Law 12-261, see Historical and Statutory Notes following § 47-2801.
Law 13-277, the "Child and Family Services Agency Establishment Amendment Act of 2000", was introduced in Council and assigned Bill No. 13-796, which was referred to the Committee on Human Services. The Bill was adopted on first and second readings on December 5, 2000, and December 19, 2000, respectively. Signed by the Mayor on January 24, 2001, it was assigned Act No. 13-590 and transmitted to both Houses of Congress for its review. D.C. Law 13-277 became effective on April 4, 2001.
Law 14-56, the "Mental Health Service Delivery Reform Act of 2001", was introduced in Council and assigned Bill No. 14-136, which was referred to the Committee on Human Services. The Bill was adopted on first and second readings on June 26, 2001, and July 10, 2001, respectively. Signed by the Mayor on July 24, 2001, it was assigned Act No. 14-119 and transmitted to both Houses of Congress for its review. D.C. Law 14-56 became effective on December 18, 2001.
For Law 15-105, see notes following § 47-902.
For Law 15-187, see notes following § 47-2820.
For Law 15-354, see notes following § 47-304.03.
Miscellaneous Notes
Short title of title II of Law 12-261: Section 2001 of D.C. Law 12-261 provided that title II of the act may be cited as the Business Regulatory Reform Act of 1998.
To the extent feasible, and dependent on the available technology needed for implementation, each business licensed pursuant to this subchapter shall have a unique identifying number that shall be used for all official purposes, including taxation.
(Apr. 20, 1999, D.C. Law 12-261, § 2002(f), 46 DCR 3142.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 47-2851.3b.
Legislative History of Laws
For legislative history of D.C. Law 12-261, see Historical and Statutory Notes following § 47-2801.
Miscellaneous Notes
Short title of title II of Law 12-261: See Historical and Statutory Notes following § 47-2851.03a.
Nothing in this subchapter shall be construed as limiting or reassigning any District agency's power to inspect for compliance or to revoke licensure. Agencies of the District government responsible for the issuance of license endorsements shall revoke, deny, or suspend any license endorsements and issue fines as required by statute or regulation.
(Apr. 20, 1999, D.C. Law 12-261, § 2002(f), 46 DCR 3142.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 47-2851.3c.
Legislative History of Laws
For legislative history of D.C. Law 12-261, see Historical and Statutory Notes following § 47-2801.
Miscellaneous Notes
Short title of title II of Law 12-261: See Historical and Statutory Notes following § 47-2851.03a.
(a) A General Business License shall be required for all businesses engaging in any business transaction in the District that have a business tax identification number and who are not otherwise required to obtain an endorsement under a license endorsement category under this chapter. If a business entity is comprised of principals who are required to maintain licenses granted or regulated by a local, state, or national certification board or body, the entity and its licensed principals shall not be required to obtain a General Business License. A biennial fee of $200 shall be charged for the General Business License.
(b) A General Contractor/Construction Manager License shall be required for individuals or businesses engaged in general contracting or construction management. A biennial fee of $500 shall be charged for the license. The Mayor may establish, by rule, bond requirements for general contractors and construction managers as a condition for issuance of the General Contractor/Construction Manager License.
(c) The Mayor may adjust, by rule, the license fees established in subsections (a) and (b) of this section.
(d) A license issued pursuant to this section shall be issued as a General Business endorsement to a basic business license.
(Aug. 16, 2008, D.C. Law 17-219, § 2007(b), 55 DCR 7598.)
HISTORICAL AND STATUTORY NOTES
Legislative History of Laws
For Law 17-219, see notes following § 2-218.75.
Miscellaneous Notes
Short title: Section 2006 of D.C. Law 17-219 provided that subtitle C of title II of the act may be cited as the "Business Licensing Processing Adjustment Act of 2008".
(a) Any person requiring a license in accordance with this subchapter shall file an application for a basic business license with the business license center, as provided in this section, and shall pay the required fee or fees. As part of his or her application, he or she shall provide a valid electronic mail address which may be used for the electronic service of process of notices related to the license.
(b) Printed license application forms shall be made available by the business license center as well as electronic forms, which may be downloaded by computer.
(c)(1)(A) Except for such fees as are established by this subchapter, the Director shall by regulation establish fees for the issuance, reissuance, and transfer or reinstatement of all business licenses and endorsements, provided, however, that any fee required by any law or regulation in force as of the effective date of this subchapter shall remain in effect until changed in accordance with this section.
(B) The Director, pursuant to subchapter I of Chapter 5 of Title 2, may revise such fees as are established by this subchapter. The proposed rules issued pursuant to this subparagraph shall be submitted to the Council for a 30-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 30-day review period, the proposed rules shall be deemed approved.
(2) The fees established pursuant to paragraph (1) of this subsection may vary according to the class of license and the particular kind of business being licensed and shall be reasonably related to the cost to the District of investigating, inspecting, and issuing the licenses.
(d)(1) All fees collected pursuant to this section shall be deposited in a special account and used only to defray the costs of licensing and license enforcement, including salaries, staff training, equipment, records, and computers.
(2) The Department shall not spend more for issuing and enforcing the provisions of this subchapter than has been collected through license fees, except that surplus funds or deficits occurring in any fiscal year may be carried forward for not more than 3 fiscal years.
(Apr. 29, 1998, D.C. Law 12-86, § 101(b), 45 DCR 1172; Apr. 20, 1999, D.C. Law 12-261, § 2002(b), 46 DCR 3142; Oct. 28, 2003, D.C. Law 15-38, § 2(f), 50 DCR 6913; Sept. 24, 2010, D.C. Law 18-223, §§ 2030, 2054, 57 DCR 6242.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 47-2851.4.
Effect of Amendments
D.C. Law 15-38, in subsec. (a), substituted "basic" for "master".
D.C. Law 18-223, in subsec. (a), added the second sentence; and, in subsec. (c)(1), designated the existing text as subpar. (A) and added subpar. (B).
Temporary Amendments of Section
Section 210 of D.C. Law 18-222, in subsec. (c)(1), designated the existing text as subpar. (A) and added subpar. (B) to read as follows:
"(B) The Director, pursuant to subchapter I of Chapter 5 of Title 2, may revise such fees as are established by this subchapter. The proposed rules issued pursuant to this subparagraph shall be submitted to the Council for a 90-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 90-day review period, the proposed rules shall be deemed disapproved.".
Section 2002(b) of D.C. Law 18-222 provides that the act shall expire after 225 days of its having taken effect.
Emergency Act Amendments
For temporary (90 day) amendment of section, see § 2(f) 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 § 210 of Fiscal Year 2010 Balanced Budget Support Emergency Act of 2010 (D.C. Act 18-450, June 28, 2010, 57 DCR 5635).
For temporary (90 day) amendment of section, see § 210 of Fiscal Year 2010 Balanced Budget Support Congressional Review Emergency Act of 2010 (D.C. Act 18-531, August 6, 2010, 57 DCR 8109).
For temporary (90 day) amendment of section, see §§ 2030, 2054 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 12-86, see Historical and Statutory Notes following § 47-2851.03.
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 Law 18-223, see notes following § 47-355.05.
(a) There is created the Business License Center ("Center") within the Department of Consumer and Regulatory Affairs.
(b) The duties of the Center shall include the following:
(1) Developing and administering a computerized "one-stop" basic business license system capable of storing, retrieving, and exchanging license information with due regard to privacy statutes, as well as issuing and renewing basic business licenses in an efficient manner;
(2) Creating a license information service that shall provide to any member of the public, upon request, printed or electronic information detailing requirements to establish or engage in business in the District, including a list of all information, approvals, documents, and payments required for each and every license issued by the District government;
(3) Providing for staggered basic business license renewal, as set forth in § 47-2851.09;
(4) Identifying types of licenses appropriate for inclusion in the basic business license system;
(5) Recommending, in reports to the Mayor and the Council, the elimination, consolidation, or other modification of duplicative, ineffective, or inefficient licensing or inspection requirements;
(6) Incorporating licenses into the basic business license system;
(7) Providing a license information service to prepare and distribute license information packets that detail requirements for establishing or engaging in business in the District of Columbia; and
(8) Maintaining a registry of fictitious names or trade names as defined in § 47-2852.02, indicating the party or parties doing business under those names.
(c) The Director shall establish the position of Deputy Director of the Department who shall be responsible for the operation of the Center.
(d) The Director shall promulgate such regulations as may be necessary to effectuate the purposes of this subchapter.
(Apr. 29, 1998, D.C. Law 12-86, § 101(b), 45 DCR 1172; Apr. 20, 1999, D.C. Law 12-261, § 2002(b), (g), 46 DCR 3142; Oct. 28, 2003, D.C. Law 15-38, § 2(g), 50 DCR 6913.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 47-2851.5.
Effect of Amendments
D.C. Law 15-38, in pars. (1), (3), (4), and (6) of subsec. (b), substituted "basic" for "master" throughout.
Emergency Act Amendments
For temporary (90 day) amendment of section, see § 2(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 12-86, see Historical and Statutory Notes following § 47-2851.01.
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.
(a)(1) The Center shall compile information regarding the regulatory programs associated with each of the licenses obtainable under the basic business license system.
(2) This information shall include a listing of all laws and administrative rules that require the issuance of licenses.
(b)(1) The Center shall provide the information required by this section to any person requesting it.
(2) Materials used by the Center to describe the services provided by the Center shall indicate that this information is available upon request.
(c) Notwithstanding any other provision of District law, information submitted to the Center under this subchapter shall not be made available to the public; provided, that a person may be furnished with such information for one registrant based upon the submission of either the name or address of the registrant; provided further, that the person shall be limited to one request per day.
(d) Federal Employer Identification numbers and social security numbers shall not be released to the public, except if:
(1) Requested by a law enforcement agency; or
(2) Directed by a court order.
(Apr. 29, 1998, D.C. Law 12-86, § 101(b), 45 DCR 1172; Apr. 20, 1999, D.C. Law 12-261, § 2002(b), 46 DCR 3142; Oct. 28, 2003, D.C. Law 15-38, § 2(h), 50 DCR 6913.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 47-2851.6.
Effect of Amendments
D.C. Law 15-38, in subsec. (a)(1), substituted "basic" for "master"; and added subsecs. (c) and (d).
Temporary Amendments of Section
For temporary (225 day) amendment of section, see § 2(a) of Master Business Registration Temporary Act of 2003 (D.C. Law 14-302, May 3, 2003, law notification 50 DCR 3776).
Emergency Act Amendments
For temporary (90 day) amendment of section, see § 2(a) of Master Business Registration Delay Emergency Act of 2002 (D.C. Act 14-595, January 7, 2003, 50 DCR 647).
For temporary (90 day) amendment of section, see § 2(a) of Master Business Registration Delay Congressional Review Emergency Act of 2003 (D.C. Act 15-73, April 16, 2003, 50 DCR 3616).
For temporary (90 day) amendment of section, see § 2(a) of Master Business Registration Second Delay Emergency Act of 2003 (D.C. Act 15-83, May 19, 2003, 50 DCR 4100).
For temporary (90 day) amendment of section, see § 2(h) 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 12-86, see Historical and Statutory Notes following § 47-2851.01.
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.
(a) Any person who is required to obtain a license that has been incorporated into the system shall submit a basic business license application, along with proof of Workers' Compensation insurance coverage, or an exemption therefrom, to the Center requesting the issuance of the license. The basic business license application form shall contain, in consolidated form, all information necessary for the issuance of licenses.
(b) The applicant shall include with the application the sum of all fees and deposits required for the basic business license and any necessary or requested individual license endorsements.
(c)(1) Irrespective of any authority delegated to the Center to implement the provisions of this subchapter, the authority for determining eligibility and fitness for the issuance and renewal of any requested license that requires a pre-licensing or renewal investigation, inspection, testing, or other judgmental review by the regulatory agency legally authorized to make such determination shall remain with that agency.
(2) [Repealed].
(d)(1) Upon receipt of the application and proper fee payment for any license for which issuance is subject to regulatory agency action under subsection (c) of this section, the Center shall immediately notify the relevant regulatory agency of the license requested by the applicant.
(2) Each regulatory agency shall advise the Center within 30 days after receiving the notice, or such other period as is established by law the following:
(A) That the agency approves the issuance of the requested license and will advise the applicant of any specific conditions required for issuing the license;
(B) That the agency denies the issuance of the license and gives the applicant reasons for the denial; or
(C) That no action has been taken on the application and the Department shall provide good and sufficient reasons for the delay and an estimate of when the action will be taken.
(e)(1) The Center shall issue a basic business license endorsed for all the approved licenses to the applicant and advise the applicant of the status of other requested licenses.
(2) It is the responsibility of the applicant to contest the decision regarding conditions imposed or licenses denied through the normal process established by statute or by regulation.
(f) Regulatory agencies shall be provided information from the basic business license application for their licensing and regulatory functions.
(Apr. 29, 1998, D.C. Law 12-86, § 101(b), 45 DCR 1172; Apr. 20, 1999, D.C. Law 12-261, § 2002(b), 46 DCR 3142; Oct. 28, 2003, D.C. Law 15-38, § 2(i), 50 DCR 6913; Dec. 7, 2004, D.C. Law 15-205, § 1104, 51 DCR 8441.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 47-2851.7.
Effect of Amendments
D.C. Law 15-38, in subsec. (a), substituted "basic business license application" for "master application" in two places; in subsecs. (b) and (e)(1), substituted "basic" for "master"; repealed subsec. (c)(2); and in subsec. (f), substituted "basic business license application" for "master application". Prior to repeal, subsec. (c)(2) had read as follows:
"(2) The Center shall have the authority to issue, without endorsement, a Class B license for which the proper fee payment and a completed application form has been received and for which no pre-licensing or renewal approval action is required by any regulatory agency."
D.C. Law 15-205, in subsec. (a), substituted "business license application, along with proof of Workers' Compensation insurance coverage, or an exemption therefrom, to the Center" for "business license application to the Center".
Emergency Act Amendments
For temporary (90 day) amendment of section, see § 2(i) 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 § 1104 of Fiscal Year 2005 Budget Support Emergency Act of 2004 (D.C. Act 15-486, August 2, 2004, 51 DCR 8236).
For temporary (90 day) amendment of section, see § 1104 of Fiscal Year 2005 Budget Support Congressional Review Emergency Act of 2004 (D.C. Act 15-594, October 26, 2004, 51 DCR 11725).
Legislative History of Laws
For legislative history of D.C. Law 12-86, see Historical and Statutory Notes following § 47-2851.01.
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 Law 15-205, see notes following § 47-903.
(a)(1) The Center shall collect a fee of $70 for each basic business license it issues, plus $25 for each endorsement added to the basic business license.
(2) The entire basic business license application fee shall be deposited in the Basic Business License Fund established by § 47-2851.13.
(b)(1) The Center shall collect a fee of $70 on each renewal license it issues, plus $25 for each endorsement added to the basic business license.
(2) The entire application renewal fee shall be deposited in the Basic Business License Fund established by § 47-2851.13.
(c) The fees assessed pursuant to this section shall be in addition to any fees required by law or by statute for the issuance of license endorsements.
(d) Nothing in this section shall be read as reassigning license endorsement fees to the General Fund of the District of Columbia where the Mayor has determined or where the law requires that those fees should go to a dedicated fund to benefit a particular agency or department of the District government.
(Apr. 29, 1998, D.C. Law 12-86, § 101(b), 45 DCR 1172; Apr. 20, 1999, D.C. Law 12-261, § 2002(b), (h), 46 DCR 3142; June 5, 2003, D.C. Law 14-307, § 1607, 49 DCR 11664; Oct. 28, 2003, D.C. Law 15-38, § 2(j), 50 DCR 6913; Apr. 13, 2005, D.C. Law 15-354, § 73(l)(6), 52 DCR 2638; Aug. 16, 2008, D.C. Law 17-219, § 2007(c), 55 DCR 7598.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 47-2851.8.
Effect of Amendments
D.C. Law 14-307 rewrote subsec. (a)(1) which had read as follows:
"(a)(1) The Center shall collect a fee of $25 for each master business license it issues, plus $5 for each endorsement added to the master business license."
D.C. Law 15-38, in subsec. (a)(1), substituted "basic" for "master" wherever appearing; in subsecs. (a)(2) and (b)(2), substituted "Basic" for "Master"; in subsec. (c), deleted "inspected or uninspected" preceding "license endorsements"; and in subsec. (d), substituted "General Fund of the District of Columbia" for "general fund" and "government" for "Government".
D.C. Law 15-354, in the section heading and subsecs. (a)(2) and (b)(2), validated previously made technical corrections.
D.C. Law 17-219 rewrote subsecs. (a)(1) and (b)(1), which had read as follows:
"(a)(1) The Center shall collect a fee of $35 for each basic business license it issues, plus $10 for each endorsement added to the basic business license."
"(b)(1) The Center shall collect a fee of $15 on each renewal license it issues, plus $5 for each endorsement."
Emergency Act Amendments
For temporary (90 day) amendment of section, see § 1607 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 § 1607 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 § 1607 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 § 2(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 12-86, see Historical and Statutory Notes following § 47-2851.01.
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 15-38, see notes following § 47-2404.
For Law 15-354, see notes following § 47-340.03.
For Law 17-219, see notes following § 47-318.05a.
(a)(1) The Center shall assign an expiration date for each basic business license. All renewable licenses endorsed on that basic business license shall expire on that date.
(2) Notwithstanding any other provision of law, every license issued in accordance with this subchapter shall be valid for 2 years from the date of issue, unless earlier revoked or voluntarily relinquished, and licenses shall be issued on a staggered basis, using as the renewal date the date of incorporation, if the business is incorporated, the date of organization, if the business is unincorporated, or the birth date of the principal if the business is a sole proprietorship.
(3) Valid licenses that for any reason expire on a date other than a date determined in accordance with paragraph (2) of this subsection shall be extended automatically until the next anniversary of the date determined in accordance with paragraph (2) of this subsection.
(b) All renewable licenses endorsed on a basic business license shall be renewed by the Center under conditions originally imposed unless a regulatory agency advises the Center of conditions or denials to be imposed before the endorsement is renewed.
(Apr. 29, 1998, D.C. Law 12-86, § 101(b), 45 DCR 1172; Apr. 20, 1999, D.C. Law 12-261, § 2002(b), 46 DCR 3142; Oct. 28, 2003, D.C. Law 15-38, § 2(k), 50 DCR 6913.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 47-2851.9.
Effect of Amendments
D.C. Law 15-38 substituted "basic" for "master" throughout the section.
Emergency Act Amendments
For temporary (90 day) amendment of section, see § 2(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 12-86, see Historical and Statutory Notes following § 47-2851.01.
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.
(a) The Department may, by electronic mail or other methods of communication, send notice of impending license expiration, an application for renewal, and a statement of the applicable renewal fee to each licensee within 30 days prior to the expiration date at the mailing address or electronic mail address shown on the Department's records for the licensee. It shall be the responsibility of the licensee to update the address information maintained by the Department.
(b)(1) A license that has not been revoked, suspended, or voluntarily relinquished and that has not been renewed by its expiration date shall be deemed to be lapsed. A licensee may apply for renewal of the license at any time within 30 days after the lapsing of the license and the license shall be reinstated upon the payment of a penalty of $250, plus all other applicable fees or penalties provided by law.
(2) A license that is lapsed for more than 30 days shall be deemed to be expired. A licensee whose license is lapsed for more than 30 days, but less than 6 months, after the lapsing of the license may apply for renewal of the license and the license shall be reinstated upon the payment of a penalty of $500, plus all other applicable fees and penalties provided by law.
(c)(1) Repealed.
(2) A licensee whose license has been expired for at least 6 months shall be treated as a new applicant and not as an applicant for renewal, unless otherwise provided by applicable law. If the new applicant conducted business during the 6 months after the expiration date of the license without complying with the renewal procedures pursuant to this section, the applicant shall be deemed to have conducted business without a license and shall be liable for any and all fees and fines applicable to conducting business without a license. A new application for a license shall not be processed until all applicable fines and fees have been paid.
(d) Any person who has obtained a license or renewed a license under false pretenses, including paying fees with a bad check, stating falsely that corporate status is current, or stating falsely that all taxes owed the District have been paid, shall be notified immediately of the problem and given 30 days from the date of notice to provide proof of having cured the problem. If the problem has not been corrected 30 days from the date of notification, the license shall be revoked and may only be reinstated upon proof of correction and payment of a $500 fine in addition to any other fees and fines required by this subchapter and all other relevant District laws and regulations.
(Apr. 29, 1998, D.C. Law 12-86, § 101(b), 45 DCR 1172; Apr. 20, 1999, D.C. Law 12-261, § 2002(i), 46 DCR 3142; Mar. 3, 2010, D.C. Law 18-111, § 2041(b), 57 DCR 181.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 47-2851.10.
Effect of Amendments
D.C. Law 18-111 rewrote subsecs. (a), (b) and (c), which had read as follows:
"(a) The Department shall send notice of impending license expiration, an application for renewal, and a statement of the applicable renewal fee to each licensee not less than 30 days prior to the expiration date at the address shown on the current license, unless the licensee has notified the Department in writing of an address change, in which case the Department shall notify the licensee at the new address.
"(b) A license that has not been revoked, suspended, or voluntarily relinquished shall not lapse at the end of 2 years unless the District government has mailed timely notice of the expiration date and an application for renewal, and the licensee has either failed to file the renewal application or failed to pay the required renewal fee. A license shall continue in force until 30 days from the date notice of expiration and the application for renewal has been mailed to the licensee or 6 months from the expiration date, whichever shall occur first. If the licensee fails to notify the Department of a change of address of the business, the license shall lapse on the expiration date.
"(c)(1) Any licensee whose license has lapsed under this section may apply for renewal at any time within 6 months of the lapse, and shall be reinstated upon the payment of a fine of $150, in addition to all other applicable fees, plus whatever additional fines or fees are provided by law.
"(2) A licensee whose license has been expired for more than 6 months shall be treated as a new applicant and not as an applicant for renewal, unless otherwise provided by applicable law. If the new applicant conducted business at any time during the 6 months grace period without complying with the renewal procedures pursuant to paragraph (1) of this subsection, the applicant shall be deemed to have conducted business without a license and shall be liable for any and all fees and fines applicable to conducting business without a license. No new application for a license may be processed until all applicable fines and fees have been paid."
Emergency Act Amendments
For temporary (90 day) amendment of section, see § 2041(b) 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 § 2041(b) of Fiscal Year Budget Support Congressional Review Emergency Amendment Act of 2009 (D.C. Act 18-260, January 4, 2010, 57 DCR 345).
Legislative History of Laws
For legislative history of D.C. Law 12-86, see Historical and Statutory Notes following § 47-2851.01.
For legislative history of D.C. Law 12-261, see Historical and Statutory Notes following § 47-2801.
For Law 18-111, see notes following § 47-305.02.
Miscellaneous Notes
Short title: Section 2040 of D.C. Law 18-111 provided that subtitle E of title II of the act may be cited as the "Business Licensing Processing Adjustment Act of 2009".
(a) The Center shall not issue or renew a basic business license to any person or business entity if:
(1) The person or business does not have a valid tax registration or Certificate of Occupancy, if required;
(2) The person or business is delinquent in taxes, periodic report fees, or penalties owing to the District, is delinquent in service fees owed to the Water and Sewer Authority, or is not validly registered in accordance with District law. The Office of Tax and Revenue and the Water and Sewer Authority shall cooperate with the business license center to determine if taxes, fees, penalties or service fees are owing.
(3) The person or business has been denied any of the necessary endorsements for the type of business for which licensing is sought; or
(4) The person or business has not submitted the sum of all fees and deposits required for the requested individual license endorsements, any outstanding basic business license delinquency fee, or other fees and penalties to be collected through the system.
(b) Nothing in this section shall prevent registration by the District of an employer for the purpose of paying an employee workers' compensation insurance or unemployment insurance benefits.
(Apr. 29, 1998, D.C. Law 12-86, § 101(b), 45 DCR 1172; Apr. 20, 1999, D.C. Law 12-261, § 2002(b), 46 DCR 3142; Oct. 21, 2000, D.C. Law 13-183, § 2(a), 47 DCR 7062; Oct. 28, 2003, D.C. Law 15-38, § 2(l), 50 DCR 6913.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 47-2851.11.
Effect of Amendments
D.C. Law 13-183 rewrote subsec. (a)(2) which formerly provided:
"The person or business is delinquent in taxes, periodic reports, or penalties owing to the District, or is not validly registered in accordance with District law; the Department of Finance and Revenue shall cooperate with the business license center to determine if such taxes, fees, or penalties are owing."
D.C. Law 15-38, in subsec. (a), substituted "basic" for "master" in the introductory paragraph and in par. (4).
Emergency Act Amendments
For temporary (90 day) amendment of section, see § 2(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 12-86, see Historical and Statutory Notes following § 47-2851.01.
For legislative history of D.C. Law 12-261, see Historical and Statutory Notes following § 47-2801.
Law 13-183, the "Water and Sewer Authority Collection Enhancement Amendment Act of 2000," was introduced in Council and assigned Bill No. 13-484, which was referred to the Committee on Public Works and the Environment. The Bill was adopted on first and second readings on June 26, 2000, and July 11, 2000, respectively. Signed by the Mayor on August 2, 2000, it was assigned Act No. 13-399 and transmitted to both Houses of Congress for its review. D.C. Law 13- 183 became effective on October 21, 2000.
For Law 15-38, see notes following § 47-2404.
In addition to the licenses processed under the basic business license system that were required prior to the effective date of this subchapter, use of the basic business license system shall be expanded as needed for the processing of additional licenses as provided by District law.
(Apr. 29, 1998, D.C. Law 12-86, § 101(b), 45 DCR 1172; Apr. 20, 1999, D.C. Law 12-261, § 2002(b), 46 DCR 3142; Oct. 28, 2003, D.C. Law 15-38, § 2(m), 50 DCR 6913.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 47-2851.12.
Effect of Amendments
D.C. Law 15-38 substituted "basic" for "master" throughout the section.
Emergency Act Amendments
For temporary (90 day) amendment of section, see § 2(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 12-86, see Historical and Statutory Notes following § 47-2851.01.
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.
(a) There is established the Basic Business License Fund ("Fund") which shall be classified as a proprietary fund and a type of enterprise fund for the purposes of § 47-373(1). The Fund shall be credited with all fees that are identified in subsection (b) of this section.
(b) All fees collected for the issuance of a basic business license and endorsements, including renewals, late renewal penalties, other penalties, and fines, shall be deposited in the Fund. Half of the total amount of penalties and fines collected as a result of notices of infractions issued for basic business license violations shall also be deposited in the Fund. The entire cost of the basic business licensing system shall be paid from the Fund and no other appropriated funds shall be used for that purpose.
(c) Revenue credited to the Fund shall be expended by the Department as designated by an appropriations act of Congress, for the purposes of maintaining and upgrading the basic business licensing system, including copying fees, automation upgrades, personnel costs, and supplies.
(d)(1) A portion of the increased fees under § 47-2851.03d shall be used to reform and streamline the application and renewal process for licensing under this chapter.
(2) Within 6 months of [August 16, 2008], the Department shall report to the Chairperson of the Council committee with oversight of the Department on the specific steps taken to implement these new processes.
(Apr. 29, 1998, D.C. Law 12-86, § 101(b), 45 DCR 1172; Apr. 20, 1999, D.C. Law 12-261, § 2002(b), 46 DCR 3142; Oct. 28, 2003, D.C. Law 15-38, § 2(n), 50 DCR 6913; Apr. 13, 2005, D.C. Law 15-354, § 73(l)(7), 52 DCR 2638; Aug. 16, 2008, D.C. Law 17-219, § 2007(d), 55 DCR 7598; Oct. 22, 2009, D.C. Law 18-71, § 12(c)(4), 56 DCR 6619; Mar. 3, 2010, D.C. Law 18-111, § 2041(c), 57 DCR 181.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 47-2851.13.
Effect of Amendments
D.C. Law 15-38, in subsec. (a), substituted "Basic" for "Master" and "proprietary" for "propriety"; and in subsecs. (b) and (c), substituted "basic" for "master" throughout.
D.C. Law 15-354, in the section heading, validated a previously made technical correction.
D.C. Law 17-219 added subsec. (d).
D.C. Law 18-71 rewrote subsec. (b), which had read as follows:
"(b) All fees collected for the issuance of a basic business license and endorsements, including renewals and fines, shall be deposited in the Fund by the Treasurer of the District of Columbia. The entire cost of the basic business licensing system shall be paid from the Fund and no other appropriated funds may be used for that purpose."
D.C. Law 18-111, in the section heading, substituted "license fees, penalties, and fines" for "licensing fees"; and rewrote subsec. (b), which had read as follows:
"(b)(1) Except as provided in paragraph (2) of this subsection, all fees collected for the issuance of a basic business license and endorsements, including renewals and fines, shall be deposited in the Fund. The entire cost of the basic business licensing system shall be paid from the Fund and no other appropriated funds may be used for that purpose.
"(2) Fees paid for the application for, and issuance or renewal of, a basic business license and endorsements to the basic business license for vending pursuant to [§ 37-131.02(c)(2)], shall be deposited in the Vending Regulation Fund established by [§ 37-131.07(b)]."
Emergency Act Amendments
For temporary (90 day) amendment of section, see § 2(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 § 2041(c) 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 § 2041(c) of Fiscal Year Budget Support Congressional Review Emergency Amendment Act of 2009 (D.C. Act 18-260, January 4, 2010, 57 DCR 345).
Legislative History of Laws
For legislative history of D.C. Law 12-86, see Historical and Statutory Notes following § 47-2851.01.
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 Law 15-354, see notes following § 47-340.03.
For Law 17-219, see notes following § 47-318.05a.
For Law 18-71, see notes following § 47-2002.01.
For Law 18-111, see notes following § 47-305.02.
(Apr. 29, 1998, D.C. Law 12-86, § 101(b), 45 DCR 1172; Apr. 20, 1999, D.C. Law 12-261, § 2002(j), 46 DCR 3142.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 47-2851.14.
Legislative History of Laws
For legislative history of D.C. Law 12-261, see Historical and Statutory Notes following § 47-2801.
(a) A license or permit issued by the District which is valid on the effective date of this subchapter need not be registered under the basic business license system until the renewal or expiration date of that license or permit under the law in effect prior to the effective date of this subchapter, unless it has been otherwise revoked or suspended.
(b) Upon the renewal date of the above-referenced license or permit, the applicant shall receive a renewal date in accordance with § 47-2851.09.
(Apr. 29, 1998, D.C. Law 12-86, § 101(b), 45 DCR 1172; Apr. 20, 1999, D.C. Law 12-261, § 2002(b), 46 DCR 3142; Oct. 28, 2003, D.C. Law 15-38, § 2(o), 50 DCR 6913.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 47-2851.15.
Effect of Amendments
D.C. Law 15-38, in subsec. (a), substituted "basic" for "master".
Emergency Act Amendments
For temporary (90 day) amendment of section, see § 2(o) 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 12-86, see Historical and Statutory Notes following § 47-2851.01.
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.
(a) The Director shall determine the feasibility of allowing certain businesses the option of obtaining inspections at the applicant's expense by authorized third party inspectors.
(b) The Director shall, whenever feasible, allow businesses required to be inspected pursuant to this subchapter the option of obtaining a third party inspector qualified for such activities by virtue of a certification from a nationally recognized and accredited organization; provided that the third party inspector:
(1) Is hired at the applicant's own expense;
(2) Has obtained a valid District of Columbia license in the relevant area of expertise for which inspection authorization is sought; and
(3) Submits a sworn statement that no conflict of interest will arise with regard to the inspection of the applicant's business.
(c) After conducting an appropriate review, the Director may from time to time authorize, or revoke the authorization of, organizations and individuals to conduct inspections for purposes of obtaining a basic business license or its endorsements under this chapter.
(d) The Center shall make known to any applicant or re-applicant for a basic business license the option of choosing inspection by the District or inspection at the applicant's expense by an approved organization or individual and shall provide, upon request, the names of approved inspectors relevant to the particular basic business license application.
(e) The Department shall accept the findings of the third party inspector, and shall consider third party inspections permitted under this section as proper inspections for the purpose of issuance of a master business license or endorsement issued pursuant to this chapter.
(f) Persons who avail themselves of the third party inspection option are not entitled to a refund of any portion of the license fee.
(Apr. 29, 1998, D.C. Law 12-86, § 101(b), 45 DCR 1172; Apr. 20, 1999, D.C. Law 12-261, § 2002(k), 46 DCR 3142; Oct. 28, 2003, D.C. Law 15-38, § 2(p), 50 DCR 6913.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 47-2851.16.
Effect of Amendments
D.C. Law 15-38, in the section name line, deleted "Class A" preceding 'license" and in subsecs. (c) and (d), substituted "basic" for "master".
Emergency Act Amendments
For temporary (90 day) amendment of section, see § 2(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 12-86, see Historical and Statutory Notes following § 47-2851.01.
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.
The Auditor of the District of Columbia shall conduct a performance audit of the basic business licensing program and report to the Council not later than 5 years after April 29, 1998. At a minimum, this study should include an examination of the program cost and effectiveness.
(Apr. 29, 1998, D.C. Law 12-86, § 101(b), 45 DCR 1172; Apr. 20, 1999, D.C. Law 12-261, § 2002(b), 46 DCR 3142; Apr. 20, 1999, D.C. Law 12-264, § 52(t), 46 DCR 2118; Oct. 28, 2003, D.C. Law 15-38, § 2(q), 50 DCR 6913.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 47-2851.17.
Effect of Amendments
D.C. Law 15-38 substituted "basic" for "master".
Emergency Act Amendments
For temporary (90 day) amendment of section, see § 2(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 12-86, see Historical and Statutory Notes following § 47-2851.01.
For legislative history of D.C. Law 12-261, see Historical and Statutory Notes following § 47-2801.
For legislative history of D.C. Law 12-264, see Historical and Statutory Notes following § 47-2834.
For Law 15-38, see notes following § 47-2404.
All departments and agencies of the District of Columbia government are hereby directed to provide full participation and cooperation in the implementation of this subchapter.
(Apr. 20, 1999, D.C. Law 12-261, § 2002(l), 46 DCR 3142.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 47-2851.18.
Legislative History of Laws
For legislative history of D.C. Law 12-261, see Historical and Statutory Notes following § 47-2801.
Miscellaneous Notes
Short title of title II of D.C. Law 12-261: Section 2001 of D.C. Law 12-261 provided that title II of the act may be cited as the Business Regulatory Reform Act of 1998.
Notwithstanding any provision of this subchapter, any business which was not required under law to obtain a license issued in the form of an endorsement to engage in a business in the District of Columbia and which did not obtain a basic business license prior to July 1, 2003, shall not be subject to any penalty or fine for failure to obtain a basic business license.
(Apr. 20, 1999, D.C. Law 12-261, § 2002(l), 46 DCR 3142; Oct. 28, 2003, D.C. Law 15-38, § 2(r), 50 DCR 6913.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 47-2851.19.
Effect of Amendments
D.C. Law 15-38 rewrote the section which had read as follows:
"(a) Notwithstanding the provisions of § 47-2851.10 or any other provision of District law, any business located in the District subject to the licensure requirements of this chapter, which has not obtained a license to do business in the District of Columbia, may, without penalty, apply for a master business license within 6 months of April 20, 1999, or by June 30, 1999, whichever is later; provided, however, that nothing herein shall waive any penalty or fine assessed prior to April 29, 1998.
"(b) Any business that has been doing business in the District without a license and that fails to apply for a business license within this specified amnesty period shall be subject to the appropriate penalties and fines pursuant to this subchapter."
Temporary Amendments of Section
For temporary (225 day) amendment of section, see § 2(b) of Master Business Registration Temporary Act of 2003 (D.C. Law 14-302, May 3, 2003, law notification 50 DCR 3776).
Emergency Act Amendments
For temporary (90 day) amendment of section, see § 2(b) of Master Business Registration Delay Emergency Act of 2002 (D.C. Act 14-595, January 7, 2003, 50 DCR 647).
For temporary (90 day) amendment of section, see § 2(b) of Master Business Registration Delay Congressional Review Emergency Act of 2003 (D.C. Act 15-73, April 16, 2003, 50 DCR 3616).
For temporary (90 day) amendment of section, see § 2(b) of Master Business Registration Second Delay Emergency Act of 2003 (D.C. Act 15-83, May 19, 2003, 50 DCR 4100).
For temporary (90 day) amendment of section, see § 2(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.
For Law 15-38, see notes following § 47-2404.
References in Text
The phrase "within 6 months of April 20, 1999," originally read "within 6 months of the effective date of this section.".
The Director shall have the authority to implement the basic business license system outlined in this subchapter by appropriate regulation.
(Apr. 20, 1999, D.C. Law 12-261, § 2002(l), 46 DCR 3142; Oct. 28, 2003, D.C. Law 15-38, § 2(s), 50 DCR 6913.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 47-2851.20.
Effect of Amendments
D.C. Law 15-38 substituted "basic" for "master".
Emergency Act Amendments
For temporary (90 day) amendment of section, see § 2(s) 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.
Delegation of Authority
Delegation of Authority Pursuant to D.C. Law 5-84, the District of Columbia Funeral Services Regulatory Act of 1984, see Mayor's Order 2007-216, October 5, 2007 (55 DCR 149).
Miscellaneous Notes
Short title of title II of D.C. Law 12-261: Section 2001 of D.C. Law 12-261 provided that title II of the act may be cited as the Business Regulatory Reform Act of 1998.
