Councilmember Carol Schwartz
A BILL IN THE
COUNCIL OF THE DISTRICT OF COLUMBIA
Councilmember Carol Schwartz introduced the following bill. which was referred to the
Committee on Consumer and Regulatory Affairs
To amend the District of Columbia Alcoholic Beverage Control Act by strengthening the
requirements on liquor licensees that prohibit persons under the age of 18 from entering
the premises of alcoholic beverage retail establishments during school hours and from
purchasing alcoholic beverages and by increasing the penalties for first. second, and
third offenses of these regulations: and to amend Chapter 11 of Title 23A of the District
of Columbia Municipal Regulations by defining advertising and restricting alcoholic
beverage advertising within 1,000 feet of establishments frequented by children, and by
establishing new penalties for violations of advertising restrictions that are created to
protect children.
BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA That this act may be cited as
the "Prevention of Child Consumption of Alcoholic Beverages Act of 1999".
Sec. 2. Section 20 of the District of Columbia Alcoholic Beverage
Control Act, approved January 24, 1938 (48 Stat. 331; D.C. Code §25-121), is amended as
follows:
(a) Subsection (b-l) is amended by striking the phrase "that the licensee or his
or her employee reasonably believed that the person was 18 years of age or older" and
inserting the phrase "that the licensee or the licensee’s employee requested a valid
identification document and was shown an identification document indicating that the minor
was 18 years of age or older which the licensee or the licensee’s employee reasonably
believed to be valid" in its place.
(b) Subsection (d)(2) is amended by striking the word "subsection" and
inserting the word "section" in its place.
(c) Subsection (f) is amended by striking the phrase "make a good faith effort to
ascertain" and inserting the phrase "take steps reasonably necessary to
ascertain" in its place.
(d) Subsection (g)( I ) is amended as follows:
(1) Subparagraph (A) is amended by striking the phrase "not less than $1,000 and
not more than 52,000, or" and inserting the phrase "not less than $2,000 and not
more than 54,000, and" in its place.
(2) Subparagraph (B) is amended by striking the phrase "not less than $2,000 and
not more than $4,000" and inserting the phrase "not less than $4,000 and not
more than $6,000," in its place.
(3) Subparagraph (C) is amended to read as follows: "(C) Upon the third
violation,. fine the licensee not less than 56,000 and not more than $25,000. and revoke
the license.".
Sec. 3. Chapter I I of Title 23A of the District of Columbia Municipal
Regulations is amended by adding the following sections at the beginning of the chapter
and by renumbering the existing sections as 1100.4. 1100.5, and 1100.6:
"1100.1 Definitions.
"’Advertisement" is defined as any sign, poster, placard, device, graphic
display, neon display, or any other form of commercial message.
"1100.2 Advertising outdoors.
"(a) It is prohibited for any person to advertise alcoholic beverages in any
outdoor location within 1,000 feet of a school, public or private playground. licensed day
care center, youth center, Boys or Girls Club, YMCA or YWCA, family amusement center,
video arcade, gymnasium, public swimming pool, or designated school bus stop.
"(b) Alcoholic beverage advertisements on bus shelters and in rail stations within
the District are prohibited."(c) Alcoholic beverage advertisements on taxis licensed by the District of
Columbia are prohibited."(d) Alcoholic beverage advertisements on Metrobuses and on Metrorail trains shall
be prohibited effective May 1, 1999."1100.3 District-owned or -operated buildings.
"Alcoholic beverage advertisements on the outside or inside of District-owned or
-operated buildings shall be prohibited.
The following sections are added and numbered as follows:
"1100.7 Penalties for violations.
"(a) Any person who violates. disobeys, omits, neglects, refuses to comply with or
resists the enforcement of any provision of this act shall be guilty of a misdemeanor and,
upon conviction in any court of competent jurisdiction. shall be subject to a fine as set
forth in subparagraph (b)."(b) First offenders shall be subject to a fine of 5500 and court costs. Second
and additional offenses shall subject an offender to a fine of not less than $750 and not
more than $3.000 plus court costs. Each individual advertisement found to be in violation
of this act shall constitute a separate actionable offense."(c) Each day during which a violation continues after a judgment has been entered
against an individual for violation of this section constitutes a separate offense."1100.8 This act may be enforced by a private plaintiff who brings an action for
up to the jurisdictional limit in small claims court or who seeks injunctive relief in the
Superior Court of the District of Columbia."1100.9 The Department of Health through the Addiction, Prevention and Recovery
Administration ("Department") shall conduct random. unannounced inspection of
retail outlets to monitor compliance with this act no less than semiannually. It shall not
be a violation of this act for the Department to use individuals under 21 years of age to
purchase alcoholic beverages for the purpose of monitoring compliance with this act,
provided that the individuals are supervised by duly authorized Department officials. The
results of these inspections shall be provided to the appropriate agency for enforcement
action.
Sec. 4. Fiscal impact statement.
The Council adopts the fiscal impact statement in the committee report as the fiscal
impact statement required by section 602(c)(3) of the District of Columbia Self-Government
and Governmental Reorganization Act, approved December 24, 1973 (87 Stat. 813; D.C. Code
§1-233(c)(3))
Sec. 5. Effective date.
This act shall take effect following approval by the Mayor (or in the event of veto by
the Mayor, action by the Council to override the veto), approval by the Financial
Responsibility and Management Assistance Authority as provided in section 203(a) of the
District of Columbia Financial Responsibility and Management Assistance Act of 1995.
approved April 17, 1995 ( 109 Stat. 1 16; D.C. Code §47-392.3(a)), and a 30-day period of
Congressional review as provided in section 602(c)(1) of the District of Columbia
Self-Government and Governmental Reorganization Act. approved December 24, 1973 (87 Stat.
813; D.C. Code §1-233(c)(1)), and publication in the District of Columbia Register.