§ 25–823. Prompt notice of investigative reports.

(a) The Board may fine, as set forth in the schedule of civil penalties established under § 25-830, and suspend, or revoke the license of any licensee during the license period if:

(1) The licensee violates any of the provisions of this title, the regulations promulgated under this title, or any other laws of the District, including the District’s curfew law;

(2) The licensee allows the licensed establishment to be used for any unlawful or disorderly purpose;

(3) The licensee fails to superintend in person, or through a manager approved by the Board, the business for which the license was issued;

(4) The licensee allows its employees or agents to engage in prostitution, as defined under § 22-2701.01(1) [now § 22-2701.01(3)], or engage in sexual acts or sexual contact, as defined under § 22-3001, at the licensed establishment;

(5) The licensee interferes or fails to cooperate with an ABCA or Metropolitan Police Department investigation by:

(A) Refusing to allow an ABCA investigator, a designated agent of ABCA, or a member of the Metropolitan Police Department to enter or inspect without delay the licensed premises;

(B) Refusing to allow the examination of the licensee's books and records of the business;

(C) Providing false or misleading statements with the intention of influencing, impeding, or obstructing the investigation;

(D) Destroying or concealing evidence; or

(E) Failing to produce the requested documents, records, or videos no more than 48 hours from the time of the request.

(6) The licensee fails to follow its settlement agreement, security plan, or Board order;

(7) The licensee fails to follow the terms of its license approved by the Board;

(8) The licensee fails to preserve a crime scene;

(9) The licensee, directly or indirectly gives, offers, or promises anything of value to an ABCA investigator, or offers or promises any ABCA investigator to give anything of value to any other person or entity, with the intent to:

(A) Influence any official act or investigation;

(B) Influence an ABCA investigator to commit, or aid in committing, collude in, or allow any fraud on the Board; or

(10)(A) The licensee knowingly tampers with evidence.

(B) For purposes of this paragraph, the term "tampers with evidence" means any action that destroys, alters, conceals, or falsifies any sort of evidence.

(b) A single incident of assault, sexual assault, or violence shall be sufficient to prove a violation of subsection (a)(2) of this section; provided, that the licensee has engaged in a method of operation that is conducive to unlawful or disorderly conduct.

(c) A licensee shall be required to comply with the terms and conditions of the licensee’s settlement agreement, security plan, or order from the Board that is attached to the license during all times that it is in operation. A single violation of a settlement agreement, security plan, or order from the Board shall be sufficient to prove a violation of subsection (a)(6) of this section.

(Jan. 24, 1934, 48 Stat. 330, ch. 4, § 17; Aug. 27, 1935, 49 Stat. 900, ch. 756, § 9; Aug. 25, 1937, 50 Stat. 803, ch. 766, § 3; Apr. 26, 1950, 64 Stat. 88, ch. 106; Dec. 8, 1970, 84 Stat. 1393, Pub. L. 91-535, § 3(a); Sept. 29, 1982, D.C. Law 4-157, §§ 9, 15, 29 DCR 3617; Mar. 8, 1984, D.C. Law 5-51, § 2(b)(5), 30 DCR 5927; Mar. 7, 1987, D.C. Law 6-217, § 11, 34 DCR 907; Sept. 11, 1993, D.C. Law 10-12, § 2(b), 40 DCR 4020; May 24, 1994, D.C. Law 10-122, § 2(h), 41 DCR 1658; Apr. 30, 1998, D.C. Law 12-97, § 2, 45 DCR 1517; May 3, 2001, D.C. Law 13-298, § 101, 48 DCR 2959; Mar. 13, 2004, D.C. Law 15-105, § 4, 51 DCR 881; Sept. 30, 2004, D.C. Law 15-187, § 101(ee), 51 DCR 6525; July 18, 2008, D.C. Law 17-201, § 6(a), 55 DCR 6289; Mar. 25, 2009, D.C. Law 17-361, § 2(d)(2), 56 DCR 1204; May 1, 2013, D.C. Law 19-310, § 2(ee), 60 DCR 3410; May 2, 2015, D.C. Law 20-270, § 2(f)(2), 62 DCR 1866; Oct. 30, 2018, D.C. Law 22-165, § 2(g)(1), 65 DCR 9366; Feb. 21, 2020, D.C. Law 23-50, § 2(c)(3), 67 DCR 9; June 30, 2022, D.C. Law 24-127, § 2(g)(3), 69 DCR 005071; Mar. 22, 2023, D.C. Law 24-332, § 5, 70 DCR 1582.)

Prior Codifications

1981 Ed., § 25-823.

1973 Ed., § 25-118.

Effect of Amendments

D.C. Law 15-105, in par. (1), substituted “of the District” for “if the District”.

D.C. Law 15-187, in pars. (2) and (3), made nonsubstantive changes; and added par. (4).

D.C. Law 17-201, in the lead-in text, substituted “may fine, as set forth in the schedule of civil penalties established under § 25-830, suspend,” for “may suspend”; in par. (1), substituted “laws of the District, including the District’s curfew law” for “laws of the District”; in par. (3), deleted “or” from the end; in par. (4), substituted a semicolon for a period at the end; and added pars. (5) and (6).

D.C. Law 17-361, in the lead-in language, substituted “and suspend” for “suspend”.

The 2013 amendment by D.C. Law 19-310 substituted “settlement agreement” for “voluntary agreement” in (6).

The 2015 amendment by D.C. Law 20-270 designated the existing text as (a); added (a)(7) and (a)(8) and made related changes; and added (b) and (c).

Emergency Legislation

For temporary amendment of (6), see § 2(ee) of the Omnibus Alcoholic Beverage Regulation Emergency Amendment Act of 2012 (D.C. Act 19-597, January 14, 2013, 60 DCR 1001).

For temporary (90 days) amendment of this section, see § 2(ee) of the Omnibus Alcoholic Beverage Regulation Congressional Review Emergency Act of 2013 (D.C. Act 20-52, April 22, 2013, 60 DCR 6372, 20 DCSTAT 1388).