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Current through October 23, 2012
(a) The Mayor, pursuant to subchapter I of Chapter 5 of Title 2, shall issue rules to implement the provisions of this subchapter within 90 days after September 23, 2009.
(b)(1) If the Mayor determines that a violation has occurred, the retail establishment shall be liable for the fees under § 8-102.03(a) and the Mayor shall impose a penalty on the retail establishment. The penalty shall be a class 4 infraction under the Schedule of Fines in section 3201 of Title 16 of the District of Columbia Municipal Regulations (16 DCMR § 3201), pursuant to Chapter 18 of Title 2. Adjudication of any infraction shall be pursuant to Chapter 18 of Title 2.
(2) No more than one penalty shall be imposed upon a retail establishment within a 7-day period.
(c) If payment of any amounts due under this section is not received on or before the due date, a penalty shall be added as the Mayor provides by rule.
(d) Revenues collected through citations for violation of this subchapter shall be used only for enforcement costs, including hiring inspectors and other staff, and administrative costs associated with enforcement of this subchapter.
(Sept. 23, 2009, D.C. Law 18-55, § 5, 56 DCR 5703; Sept. 14, 2011, D.C. Law 19-21, § 6032(b), 58 DCR 6226; Oct. 23, 2012, D.C. Law 19-188, § 2(a), 59 DCR 10151.)
HISTORICAL AND STATUTORY NOTES
Effect of Amendments
D.C. Law 19-21, in subsec. (b)(2)(A), substituted "warning" for "warning in a calendar year"; and, in subsecs. (b)(2)(B) and (C), substituted "violation" for "violation in the same calendar year".
D.C. Law 19-188 rewrote subsec. (b), which had read as follows:
"(b) If the Mayor determines that a violation has occurred, the retail establishment shall be liable for the fees under § 8-102.03(a) and:
"(1) Upon the 1st violation, written warning notice that a violation has occurred shall be issued to the retail establishment. No penalty shall be imposed for the 1st violation.
"(2) Upon subsequent violations, the Mayor shall impose a penalty on the retail establishment. The penalty shall not exceed:
"(A) $100 for the 1st violation after the written warning;
"(B) $200 for the 2nd violation; or
"(C) $500 for the 3rd and each subsequent violation.
"(3) No more than one penalty shall be imposed upon a retail establishment within a 7-day period."
Legislative History of Laws
For Law 18-55, see notes following § 8-102.01.
For history of Law 19-21, see notes under § 8-102.03.
Law 19-188, the "Anacostia River Clean Up and Protection Amendment Act of 2012", was introduced in Council and assigned Bill No. 19-244, which was referred to the Committee on Environment, Public Works and Transportation. The Bill was adopted on first and second readings on June 5, 2012, and July 10, 2012, respectively. Signed by the Mayor on August 6, 2012, it was assigned Act No. 19-441 and transmitted to both Houses of Congress for its review. D.C. Law 19-188 became effective on October 23, 2012.
