D.C. Law 24-333. Business and Entrepreneurship Support to Thrive Amendment Act of 2022.
AN ACT
To amend the Advisory Neighborhood Commissions Act of 1975 to transfer from Title 47 of the District of Columbia Official Code a requirement that the Mayor provide certain notices to Advisory Neighborhood Commissions; to amend the Sustainable Solid Waste Management Amendment Act of 2014 to transfer from Title 47 of the District of Columbia Official Code the requirement that a person or entity granted a basic business license for a special event provide infrastructure onsite for the separation and recycling of recyclable waste and the prohibition on the issuance of a license to any waste tire generator that fails to provide the Mayor with certain information concerning waste tires at the site; to amend the Drug-Related Nuisance Abatement Act of 1998 to transfer from Title 47 of the District of Columbia Official Code the authority of the Mayor to suspend or revoke licenses of a licensee who knowingly has permitted on the licensed premises certain offenses related to controlled substances, drug paraphernalia, an act of prostitution, and the consumption of marijuana in public space; to amend Chapter 28 of Title 47 of the District of Columbia Official Code to reduce the number of basic business license categories to simplify the licensing process, to lower initial license fees, to allow for an exemption from fees for businesses with under $10,000 in annual revenue, to establish a progressive fee structure based on revenue, to establish a clearer process for business licensing by removing outdated and duplicative requirements, and to allow the Department of Licensing and Consumer Protection flexibility to implement policies and procedures as necessary to serve better the District's business community; to amend the Department of For-Hire Vehicles Establishment Act of 1985 to transfer from Title 47 of the District of Columbia Official Code certain licensing and other requirements; and to enact freestanding provisions of law to transfer from Title 47 of the District of Columbia Official Code the establishment of the MPD Overtime Reimbursement Fund.
BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this act may be cited as the "Business and Entrepreneurship Support to Thrive Amendment Act of 2022".
Sec. 2. Section 13 of the Advisory Neighborhood Commissions Act of 1975, effective March 26, 1976 (D.C. Law 1-58; D.C. Official Code § 1-309.10), is amended by adding a new subsection (q) to read as follows:
"(q)(1)(A) If an objection to the granting of a license or a license renewal for a theater, cinema, skating rink, dance hall, exhibition, lecture, or other entertainment is filed by a resident or owner of a residential property that is within 600 feet of the boundary lines of the lot upon which is situated the establishment for which the license is requested, no final action shall be taken by the Mayor until the resident or owner has an opportunity to be heard, under the rules and regulations to be issued by the Mayor.
"(B) Upon such objection, a hearing shall be held by the Mayor to determine the effect of the establishment on the:
"(i) Peace, order, and quiet of the neighborhood or portion of the District of Columbia; and
"(ii) Residential parking needs and vehicular and pedestrian safety of the neighborhood.
"(C) The Mayor shall rule on the application within 30 days of the hearing.
"(D) An applicant who holds a valid class C or D license issued pursuant to Chapter 1 of Title 25 of the District of Columbia Official Code shall be exempt from the provisions of paragraph (1) of this subsection.
"(2) Once a hearing is scheduled pursuant to paragraph (1) of this subsection, the Mayor shall give 30 days' notice by mail to the Advisory Neighborhood Commission in which the theater, cinema, skating rink, dance hall, exhibition, lecture, or other entertainment licensee proposes to be located. The notice shall:
"(A) Contain the name of the applicant and a description, by street and number, or other plain designation, of the particular location for which the license is requested; and
"(B) State that any resident or owner of residential property that is within 600 feet of the boundary lines of the lot upon which is situated the establishment for which the license is requested who objects to the granting of the license is entitled to be heard before the granting of the license and the notice shall name the time and place of the hearing.
"(3) Once a hearing is scheduled pursuant to paragraph (1) of this subsection, the applicant shall post 2 notices for a period of 4 weeks in conspicuous places on the outside of the premises. The notices shall:
"(A) State that any resident or owner of residential property that is within 600 feet of the boundary lines of the lot upon which is situated the establishment for which the license is requested who objects to the license is entitled to be heard before the granting of the license; and
"(B) State the same time and place for the hearing as set out in the notice mailed and published by the Mayor.".
Sec. 3. The Sustainable Solid Waste Management Amendment Act of 2014, effective February 26, 2015 (D.C. Law 20-154; D.C. Official Code § 8-1031.01 et seq.), is amended as follows:
(a) Section 103 (D.C. Official Code § 8-1031.03) is amended by adding a new subsection (g) to read as follows:
"(g)(1) A person or entity granted a basic business license for a special event for which 100 or more attendees are anticipated shall provide infrastructure onsite for the separation and recycling of recyclable waste generated at the special event.
"(2) A license holder who violates paragraph (1) of this subsection shall be subject to a fine of up to $5,000 per day.".
(b) A new section 103c is added to read as follows.
"Sec. 103c. Collection, storage, and processing of waste tires.
"(a) No license shall be issued to any waste tire generator that fails to provide the Mayor with information concerning the site's location, size, and the approximate number of waste tires that have been accumulated at the site, which may not exceed 500.
"(b)(1) The Mayor, pursuant to
"(A) A prohibition on outdoor storage of waste tires;
"(B) Methods of collection, storage, and processing of waste tires; and
"(C) Record-keeping procedures for waste tire generators.
"(2) The methods of collection, storage, and processing of waste tires shall consider the general location of waste tires being stored with regard to property boundaries and buildings, pest control, accessibility by firefighting equipment, and other considerations as they relate to public health and safety.
"(3)(A) The record-keeping procedures for waste tire generators shall include the source and number or weight of tires received and the destination and number of tires or weight of tires or tire pieces shipped or otherwise disposed of. The records shall be maintained for at least 3 years following the end of the calendar year of such activity.
"(B) Record keeping shall not be required for any charitable, fraternal, or other type of nonprofit organization or association that conducts programs that result in the voluntary cleanup of land or water resources or collection for disposal of waste tires.
"(c) For the purposes of this section, the term:
"(1) "Waste tire" means any automobile, motorcycle, heavy equipment, or truck tire stored or offered for sale by a waste tire generator or otherwise retained by a waste tire generator after having replaced a customer's tire with a new or used tire.
"(2) "Waste tire generator" means any person who buys, sells, or stores new or used tires for use on automobiles, motorcycles, heavy equipment, or trucks and which retains any of the customer's used tires after replacement.".
Sec. 4. The Drug-Related Nuisance Abatement Act of 1998, effective March 26, 1999 (D.C. Law 12-194; D.C. Official Code § 42-3101 et seq.), is amended by adding a new section 15a to read as follows:
"Sec. 15a. Suspension or revocation of licenses.
"(a)(1) In accordance with section 109 of the District of Columbia Administrative Procedure Act, approved October 21, 1968 (82 Stat. 1208; D.C. Official Code § 2-509), the Mayor shall revoke the license of any licensee who knowingly has permitted on the licensed premises:
"(A) The illegal sale, negotiation for sale, or use of any controlled substance as that term is defined in the District of Columbia Uniform Controlled Substances Act of 1981, effective August 5, 1981 (D.C. Law 4-29; D.C. Official Code § 48-901.01 et seq.), or the Controlled Substances Act of 1970, approved October 27, 1970 (84 Stat. 1243; 21 U.S.C. § 801 et seq.);
"(B) The possession, other than for personal use, sale, or negotiation for sale of drug paraphernalia in violation of the Drug Paraphernalia Act of 1982, effective September 17, 1982 (D.C. Law 4-149; D.C. Official Code § 48-1101 et seq.);
"(C) An act of prostitution, as defined in section 2(3) of the Control of Prostitution and Sale of Controlled Substances in Public Places Criminal Control Act of 1981, effective December 10, 1981 (D.C. Law 4-57; D.C. Official Code § 22-2701.01(3)), or any act that violates any provision of sections 1 through 12 of An Act For the Suppression of prostitution in the District of Columbia, approved August 15, 1935 (49 Stat. 651; D.C. Official Code §§ 22-2701 through 22-2712); or
"(D) Conduct that violates section 301(a) of the Marijuana Possession Decriminalization Amendment Act of 2014, effective July 17, 2014 (D.C. Law 20-126; D.C. Official Code § 48-911.01(a)).
"(2) The Mayor shall revoke any certificate of occupancy or permit associated with the specific address or unit, whichever is more specific, of the holder of a certificate of occupancy or permit who knowingly permits a violation of section 301(a) of the Marijuana Possession Decriminalization Amendment Act of 2014, effective July 17, 2014 (D.C. Law 20-126; D.C. Official Code § 48-911.01(a)), to occur at the specific address or unit identified in the certificate of occupancy or permit.
"(3) The Mayor, by rule, shall establish costs and fines to cover revocation of any license revoked pursuant to paragraph (1) of this subsection.
"(b)(1) In addition to the provisions of subsection (a) of this section and paragraph (2) of this subsection, the Mayor, notwithstanding section 104(a)(1) of the Department of Consumer and Regulatory Affairs Civil Infractions Act of 1985, effective October 5, 1985 (D.C. Law 6-42; D.C. Official Code § 2-1801.04(a)(1)), may take the following actions against any licensee, or agent or employee of a licensee, that, with or without the appropriate license, engages in the purchase, sale, exchange, or any other form of commercial transaction involving used goods or merchandise that are knowingly stolen:
"(A) For the first violation of this paragraph, the Mayor:
"(i) Shall issue a fine in the amount of $2,500; and
"(ii) May seal the licensee's premises for up to 96 hours without a prior hearing.
"(B) For a second violation of this paragraph, the Mayor:
"(i) Shall issue a fine in the amount of $5,000;
"(ii) May seal the licensee's premises for up to 96 hours without a prior hearing; and
"(iii)(I) Shall, within 30 days of the issuance of a fine, require the licensee to submit a remediation plan approved by the Mayor, in consultation with the Chief of Police, that contains the licensee's plan to prevent any future recurrence of purchasing, selling, exchanging, or otherwise transacting stolen goods and the acknowledgment that a subsequent occurrence of engaging in prohibited activities may result in the revocation of all licenses issued to the licensee pursuant to Chapter 28 of Title 47 of the District of Columbia Official Code.
"(II) If the licensee fails to submit a remediation plan in accordance with this sub-subparagraph, or if the Mayor rejects the licensee's remediation plan, the Mayor shall provide written notice to the licensee of the Mayor's intent to suspend all licenses issued to the licensee pursuant to Chapter 28 of Title 47 of the District of Columbia Official Code for an additional 30 days.
"(C) For a third violation of this paragraph, the Mayor:
"(i) Shall issue a fine in the amount of $10,000;
"(ii) May seal the licensee's premises for up to 96 hours without a prior hearing; and
"(iii) Shall provide written notice to the licensee of the Mayor's intent to permanently revoke all licenses issued to the licensee pursuant to Chapter 28 of Title 47 of the District of Columbia Official Code.
"(2) In addition to the provisions of subsection (a) of this section and paragraph (1) of this subsection, the Mayor or the Chief of Police, notwithstanding section 104(a)(1) of the Department of Consumer and Regulatory Affairs Civil Infractions Act of 1985, effective October 5, 1985 (D.C. Law 6-42; D.C. Official Code § 2-1801.04(a)(1)), may take the following actions against, or impose the following requirements upon, any licensee, or agent or employee of a licensee, that knowingly engages or attempts to engage in the purchase, sale, exchange, or any other form of commercial transaction involving a synthetic drug, including the possession of multiple units of a synthetic drug:
"(A) For a first violation of this paragraph:
"(i) The Mayor shall issue a fine in the amount of $10,000;
"(ii) The Mayor may issue a notice to revoke all licenses issued to the licensee pursuant to Chapter 28 of Title 47 of the District of Columbia Official Code; and
"(iii)(I) The Chief of Police, after a determination by the Mayor in accordance with section 106(a) of the Department of Consumer and Regulatory Affairs Civil Infractions Act of 1985, effective March 8, 1991 (D.C. Law 8-237; D.C. Official Code § 2-1801.06(a)), shall seal the licensee's premises, or a portion of the premises, for up to 96 hours without a prior hearing;
"(II) Within 14 days after a licensee's premises is sealed under sub-sub-subparagraph (I) of this sub-subparagraph, the Mayor shall require the licensee to submit a remediation plan to the Director of the Department of Licensing and Consumer Protection that contains the licensee's plan to prevent any future recurrence of purchasing, selling, exchanging, or otherwise transacting any synthetic drug and the acknowledgment that a subsequent occurrence of engaging in prohibited activities may result in the revocation of all licenses issued to the licensee pursuant to Chapter 28 of Title 47 of the District of Columbia Official Code.
"(III) If the licensee fails to submit a remediation plan in accordance with this sub-subparagraph, or if the Mayor, in consultation with the Chief of Police, rejects the licensee's remediation plan, the Mayor shall provide written notice to the licensee of the defects in any rejected remediation plan and of the Mayor's intent to revoke all licenses issued to the licensee pursuant to Chapter 28 of Title 47 of the District of Columbia Official Code.
"(IV) If the licensee cures the defects in a rejected remediation plan, the Mayor may suspend any action to revoke any license of the licensee issued pursuant to Chapter 28 of Title 47 of the District of Columbia Official Code.
"(V) The Mayor shall notify the Office of the Attorney General upon sealing a licensee's premises or a portion of the premises.
"(B) For any subsequent violation of this paragraph:
"(i) The Mayor shall issue a fine in the amount of $20,000; and
"(ii) The Chief of Police, after a determination by the Mayor in accordance with section 106(a) of the Department of Consumer and Regulatory Affairs Civil Infractions Act of 1985, effective March 8, 1991 (D.C. Law 8-237; D.C. Official Code § 2-1801.06(a)), shall seal the licensee's premises, or a portion of the premises, for up to 30 days without a prior hearing.
"(C) If a licensee's premises, or a portion of the premises, is sealed under subparagraph (A) or (B) of this paragraph, a licensee shall have the right to request a hearing with the Office of Administrative Hearings within 3 business days after service of notice of the sealing of the premises under subparagraph (E) of this paragraph.
"(D) If a licensee timely requests a hearing under subparagraph (C) of this paragraph, the Office of Administrative Hearings shall hold a hearing before an administrative law judge within 3 business days after receiving the request.
"(E) At the time of the sealing of the premises, or a portion of the premises, under subparagraph (A) or (B) of this paragraph, the Director of the Department of Licensing and Consumer Protection shall post at the premises and serve on the licensee a written notice and order stating:
"(i) The specific action or actions being taken;
"(ii) The factual and legal bases for the action or actions;
"(iii) The right, within 3 business days after service of notice of the sealing of the premises, to request a hearing with the Office of Administrative Hearings;
"(iv) The right to a hearing before an administrative law judge within 3 business days after a timely request being received by the Office of Administrative Hearings; and
"(v) That it shall be unlawful for any person, with the exception of emergency services personnel, to enter the sealed premises for any purpose without written permission by the Director of the Department of Licensing and Consumer Protection.
"(F) A licensee shall pay a fine issued pursuant to subparagraph (A) or (B) of this paragraph within 20 days after adjudication by the Office of Administrative Hearings. If the licensee fails to pay the fine within the specified time period, the Mayor may seal the premises until the fine is paid.
"(G) For the purposes of this paragraph, the term:
"(i) "Business days" means days in which the Office of Administrative Hearings is open for business.
"(ii) "Synthetic drug" means any product possessed, provided, distributed, sold, or marketed with the intent that it be used as a recreational drug, such that its consumption or ingestion produces effects on the central nervous system or brain function to change perception, mood, consciousness, cognition, or behavior in ways that are similar to the effects of marijuana, cocaine, amphetamines, or Schedule I narcotics under section 204 of the District of Columbia Uniform Controlled Substances Act of 1981, effective August 5, 1981 (D.C. Law 4-29; D.C. Official Code § 48-902.04). The term "synthetic drug" includes any chemically synthesized product (including products that contain both a chemically synthesized ingredient and herbal or plant material) possessed, provided, distributed, sold, or marketed with the intent that the product produces effects substantially similar to the effects created by compounds banned by District or federal synthetic drug laws or by the United States Drug Enforcement Administration pursuant to its authority under the Controlled Substances Act, approved October 27, 1970 (84 Stat. 1247; 21 U.S.C. § 801 et seq.). Any of the following factors shall be treated as indicia that a product is being marketed with the intent that it be used as a recreational drug:
"(I) The product is not suitable for its marketed use (such as a crystalline or powder product being marketed as "glass cleaner").
"(II) The individual or business providing, distributing, displaying, or selling the product does not typically provide, distribute, display, or sell products that are used for that product's marketed use (such as liquor stores, smoke shops, or gas or convenience stores selling "plant food").
"(III) The product contains a warning label that is not typically present on products that are used for that product's marketed use, including "Not for human consumption," "Not for purchase by minors," "Must be 18 years or older to purchase," "100% legal blend," or similar statements.
"(IV) The product is significantly more expensive than other products that are used for that product's marketed use.
"(V) The product resembles an illicit street drug (such as cocaine, methamphetamine, or Schedule I narcotic) or marijuana.
"(VI) The licensee or any employee of the licensee has been warned by a District government agency or has received a criminal incident report, arrest report, or equivalent from any law enforcement agency that the product or a similarly labeled product contains a synthetic drug.
"(3)(A) A violation of this subsection shall be a civil infraction for purposes of the Department of Consumer and Regulatory Affairs Civil Infractions Act of 1985, effective October 5, 1985 (D.C. Law 6-42; D.C. Official Code § 2-1801.01 et seq.) ("Civil Infraction Act"). Civil fines, penalties, and fees may be imposed as sanctions for any infraction of the provisions of this subsection or the rules issued under the authority of this subsection, pursuant to the Civil Infractions Act.
"(B) Adjudication of any infraction of this subsection shall be pursuant to the Civil Infractions Act.
"(C) Summary action taken pursuant to this subsection shall be pursuant to Title I of the Civil Infractions Act.
"(4) In addition to other remedies provided by law, the Office of the Attorney General may commence an action in the Civil Branch of the Superior Court of the District of Columbia to compel compliance, abate, enjoin, or prevent violations of this subsection. The plaintiff need not prove irreparable injury or harm to obtain a preliminary or temporary injunction.
"(c)(1) The term "knowingly" includes:
"(A) For the purposes of subsections (a) and (b) of this section, actual notice of a specific violation set forth in subsection (a) or (b) of this section to the licensee or authorized agent of the licensee, issued by a District agency notifying the licensee, or authorized agent, of the same or similar violation occurring on the licensee's premises; or
"(B) For the purposes of subsection (b) of this section, constructive notice to the licensee, or authorized agent of the licensee, resulting from the failure of the licensee, or authorized agent, to ascertain the ownership of the used goods or merchandise.
"(2) For the purposes of this subsection, actual or constructive notice to the authorized agent of the licensee constitutes notice to the licensee.
"(d) Notwithstanding any of the provisions of Chapter 28 of Title 47 of the District of Columbia Official Code requiring an inspection as a prerequisite to the issuance of a license, the Mayor is authorized to provide by regulation that any such inspection shall be made either prior or subsequent to the issuance of a license, but any such license, whether issued prior or subsequent to a required inspection, may be suspended or revoked for failure of the licensee to comply with the laws or regulations applicable to the licensed business, trade, profession, or calling.".
Sec. 5. Chapter 28 of Title 47 of the District of Columbia Official Code is amended as follows:
(a) The table of contents is amended as follows:
(1) Strike the section designation "47-2805.01. Establishment of licensing periods by Mayor; prorating for late application." and insert the section designation "47-2805.01. Establishment of licensing periods by Mayor; prorating for late application. [Repealed]." in its place.
(2) Strike the section designation "47-2805.02. Requirement for social security number." and insert the section designation "47-2805.02. Requirement for social security number. [Repealed]." in its place.
(3) Strike the section designation "47-2806. Licenses to be posted on premises; exhibition to police." and insert the section designation "47-2806. Licenses to be posted on premises; exhibition to police. [Repealed]." in its place.
(4) Strike the section designation "47-2807. Construction and definition of terms." and insert the section designation "47-2807. Construction and definition of terms. [Repealed]." in its place
(5) Strike the section designation "47-2808. Auctioneers; temporary licenses; penalty for failure to account." and insert the section designation "47-2808. Auctioneers; temporary licenses; penalty for failure to account. [Repealed]." in its place.
(6) Strike the section designation "47-2809. Barbershops and beauty parlors." and insert the section designation "47-2809. Barbershops and beauty parlors. [Repealed]." in its place.
(7) Strike the section designation "47-2809.01. Body art establishments." and insert the section designation "47-2809.01. Body art establishments. [Repealed]." in its place.
(8) Strike the section designation "47-2810. Conventions of national associations of hairdressers or cosmetologists exempted." and insert the section designation "47-2810. Conventions of national associations of hairdressers or cosmetologists exempted. [Repealed]." in its place.
(9) Strike the section designation "47-2811. Massage establishments; Turkish, Russian, or medicated baths." and insert the section designation "47-2811. Massage establishments; Turkish, Russian, or medicated baths. [Repealed]." in its place.
(10) Strike the section designation "47-2812. Public baths." and insert the section designation "47-2812. Public baths. [Repealed]." in its place.
(11) Strike section designation "47-2814. Gasoline, kerosene, oils, fireworks, and explosives." and insert the section designation "47-2814. Gasoline, kerosene, oils, fireworks, and explosives. [Repealed]." in its place.
(12) Strike the section designation "47-2815. Pyroxylin." and insert the section designation "47-2815. Pyroxylin. [Repealed]." in its place.
(13) Strike the section designation "47-2817. Laundries; dry cleaning and dyeing establishments." and insert the section designation "47-2817. Laundries; dry cleaning and dyeing establishments. [Repealed]." in its place.
(14) Strike the section designation "47-2818. Mattress manufacture, renovation, storage, or sale; "mattress" defined." and insert the section designation "47-2818. Mattress manufacture, renovation, storage, or sale; "mattress" defined. [Repealed]." in its place.
(15) Strike the section designation "47-2820. Theaters, moving pictures, skating rinks, dances, exhibitions, lectures, entertainments; assignment of police and firemen and additional fees based thereon; hours minors are prohibited on premises." and insert the section designation "47-2820. Theaters, moving pictures, skating rinks, dances, exhibitions, lectures, entertainments; assignment of police and firemen and additional fees based thereon; hours minors are prohibited on premises. [Repealed]." in its place.
(16) Strike the section designation "47-2821. Bowling alleys; billiard and pool tables; games." and insert the section designation "47-2821. Bowling alleys; billiard and pool tables; games. [Repealed]." in its place.
(17) Strike the section designation "47-2823. Baseball, football, and athletic exhibitions; assignment of police and firemen; amusement parks." and insert the section designation "47-2823. Baseball, football, and athletic exhibitions; assignment of police and firemen; amusement parks. [Repealed]." in its place.
(18) Strike the section designation "47-2824. Swimming pools." and insert the section designation "47-2824. Swimming pools. [Repealed]." in its place.
(19) Strike the section designation "47-2825. Circuses." and insert the section designation "47-2825. Circuses. [Repealed]." in its place.
(20) Strike the section designation "47-2826. Special events." and insert the section designation "47-2826. Special events. [Repealed]." in its place.
(21) Strike the section designation "47-2827. Commission merchants in food; bakeries; bottling, candy-manufacturing, and ice cream manufacturers; groceries; markets; delicatessens; restaurants; private clubs; wholesale fish dealers; dairies." and insert the section designation "47-2827. Commission merchants in food; bakeries; bottling, candy-manufacturing, and ice cream manufacturers; groceries; markets; delicatessens; restaurants; private clubs; wholesale fish dealers; dairies. [Repealed]." in its place.
(22) Strike the section designation "47-2828. Classification of buildings containing living quarters for licenses; fees; buildings exempt from license requirement." and insert the section designation "47-2828. Classification of buildings containing living quarters for licenses; fees; buildings exempt from license requirement. [Repealed]." in its place.
(23) Strike the section designation "47-2829. Vehicles for hire; identification tags on vehicles; vehicles for school children; ambulances, private vehicles for funeral purposes; issuance of licenses; payment of fees." and insert the section designation "47-2829. Vehicles for hire; identification tags on vehicles; vehicles for school children; ambulances, private vehicles for funeral purposes; issuance of licenses; payment of fees. [Repealed]." in its place.
(24) Strike the section designation "47-2830. Rental or leasing of motor vehicle without driver." and insert the section designation "47-2830. Rental or leasing of motor vehicle without driver. [Repealed]." in its place.
(25) Strike the section designation "47-2831. Vehicles hauling goods from public space." and insert the section designation "47-2831. Vehicles hauling goods from public space. [Repealed]." in its place.
(26) Strike the section designation "47-2832. Repairing of motor vehicles." and insert the section designation "47-2832. Repairing of motor vehicles. [Repealed]." in its place.
(27) Strike the section designation "47-2832.01. Parking establishments." and insert the section designation "47-2832.01. Parking establishments. [Repealed]." in its place.
(28) Strike the section designation "47-2832.02. Tire dealers." and insert the section designation "47-2832.02. Tire dealers. [Repealed]." in its place.
(29) Strike the section designation "47-2835. Solicitors." and insert the section designation "47-2835. Solicitors. [Repealed]." in its place.
(30) Strike the section designation "47-2836. Guides." and insert the section designation "47-2836. Guides. [Repealed]." in its place.
(31) Strike the section designation "47-2837. Secondhand dealers; classification; licensing; stolen property." and insert the section designation "47-2837. Secondhand dealers; classification; licensing; stolen property. [Repealed]." in its place.
(32) Strike the section designation "47-2838. Dealers in dangerous weapons." and insert the section designation "47-2838. Dealers in dangerous weapons. [Repealed]." in its place.
(33) Strike the section designation "47-2839. Private detectives; "detective" defined; regulations." and insert the section designation "47-2839. Private detectives; "detective" defined; regulations. [Repealed]." in its place.
(34) Strike the section designation "47-2839.01. Security agencies." and insert the section designation "47-2839.01. Security agencies. [Repealed]." in its place.
(35) Strike the section designation "47-2841. Exposing persons or animals as targets prohibited." and insert the section designation "47-2841. Exposing persons or animals as targets prohibited. [Repealed]." in its place.
(36) Strike the section designation "47-2842. Council of the District of Columbia may regulate, modify, or eliminate license requirements." and insert the section designation "47-2842. Council of the District of Columbia may regulate, modify, or eliminate license requirements. [Repealed]." in its place.
(37) Strike the section designation "47-2844. Regulations; suspension or revocation of licenses; bonding of licensees authorized to collect moneys; exemptions." and insert the section designation "§ 47-2844. Regulations; suspension or revocation of licenses; bonding of licensees authorized to collect moneys; exemptions. [Repealed]." in its place.
(38) Strike the section designation "47-2844.01. Cease and desist orders." and insert the section designation "47-2844.01. Cease and desist orders. [Repealed]." in its place.
(39) Strike the section designation "47-2845. Prosecutions." and insert the section designation "47-2845. Prosecutions. [Repealed]." in its place.
(40) Strike the section designation "47-2846. Penalties." and insert the section designation "47-2846. Penalties. [Repealed]." in its place.
(41) Strike the section designation "47-2847. Saving clause." and insert the section designation "47-2847. Saving clause. [Repealed]." in its place.
(42) Strike the section designation "47-2848. Severability." and insert the section designation "47-2848. Severability. [Repealed]." in its place.
(43) Strike the section designation "47-2849. Refund of erroneously-paid fees." and insert the section designation "47-2849. Refund of erroneously paid fees. [Repealed]." in its place.
(44) Strike the section designation "47-2850. Rules governing the business of furnishing towing services for motor vehicles." and insert the section designation "47-2850. Rules governing the business of furnishing towing services for motor vehicles. [Repealed]." in its place.
(45) New section designations 47-2851.01a and 47-2851.01b are added to read as follows:
47-2851.01a. Scope of chapter.
47-2851.01b. Powers and duties of the Department.
(46) Strike the section designation "47-2851.02. License required." and insert the section designation "47-2851.02. Basic business license required." in its place.
(47) Strike the section designation "47-2851.02a. License exemption for de minimis business activity." and insert the section designation "47-2851.02a. License exemption for de minimis business activity. [Repealed]." in its place.
(48) Strike the section designation "47-2851.03. Endorsement categories; exemptions" and insert the section designation "47-2851.03. Categories of basic business licenses; endorsements." in its place.
(49) Strike the section designation "47-2851.03a. Existing licenses eliminated." and insert the section designation "47-2851.03a. Existing licenses eliminated. [Repealed]." in its place.
(50) Strike the section designation "47-2851.03b. Unique identifying number." and insert the section designation "47-2851.03b. Unique identifying number. [Repealed]." in its place.
(51) Strike the section designation "47-2851.03c. Agencies' power to inspect and revoke licensure." and insert the section designation "47-2851.03c. Agencies' power to inspect and revoke licensure. [Repealed]." in its place.
(52) Strike the section designation "47-2851.03d. General Business License and General Contractor/Construction Manager License." and insert the section designation "47-2851.03d. General Business License and General Contractor/Construction Manager License. [Repealed]." in its place.
(53) Strike the section designation "47-2851.08. Basic business license application fees; renewal fees." and insert the section designation "47-2851.08. Basic business license application fees; renewal fees. [Repealed]." in its place.
(54) Strike the section designation "47-2851.09. License expiration date." and insert the phrase "47-2851.09. License expiration date. [Repealed]." in its place.
(55) Strike the section designation "47-2851.11. Denial of master [basic] business license." and insert the section designation "47-2851.11. Denial of master [basic] business license. [Repealed]." in its place.
(56) Strike the section designation "47-2851.12. Additional licenses." and insert the section designation "47-2851.12. Additional licenses. [Repealed]." in its place.
(57) Strike the section designation "47-2851.13. Establishment of Basic Business License Fund; disposition of license fees, penalties, and fines." and insert the section designation "47-2851.13. Establishment of Basic Business License Fund." in its place.
(58) Strike the section designation "47-2851.18. Participation of District agencies." and insert the section designation "47-2851.18. Participation of District agencies. [Repealed]." in its place.
(59) Strike the section designation "47-2851.19. Amnesty period." and insert the section designation "47-2851.19. Amnesty period. [Repealed]." in its place.
(60) Strike the section designation "47-2851.20. Authorization of Director to promulgate regulations." and insert the section designation "47-2851.20. Authorization of Director to promulgate regulations. [Repealed]." in its place.
(61) New section designations 47-2851.21, 47-2851.22, 47-2851.23, and 47-2851.24 are added to read as follows:
47-2851.21. Bonding of licensees authorized to collect monies; exemptions.
47-2851.22. Cease and desist orders.
47-2851.23. Prosecutions.
47-2851.24. Penalties.
(62) A new section designation 47-2853.76 is added to read as follows:
47-2853. 76 Definitions.
(63) Strike the section designation "§ 47-2853.76b. Regulation of body artists" and insert the section designation "§ 47-2853.76b. Regulation of body artists and body art establishments." in its place.
(64) A new part designation Part Q-i is added to read as follows:
"Part Q-i. Detective and Security Services.
(65) A new part designation Part R-i is added to read as follows:
"Part R. i. Tour Guides.
(b) Subchapter I is amended as follows:
(1) Section 47-2805.01 is repealed.
(2) Section 47-2805.02 is repealed.
(3) Section 47-2806 is repealed.
(4) Section 47-2807 is repealed.
(5) Section 47-2808 is repealed.
(6) Section 47-2809 is repealed.
(7) Section 47-2809.01 is repealed.
(8) Section 47-2810 is repealed.
(9) Section 47-2811 is repealed.
(10) Section 47-2812 is repealed.
(11) Section 47-2814 is repealed.
(12) Section 47-2815 is repealed.
(13) Section 47-2817 is repealed.
(14) Section 47-2818 is repealed.
(15) Section 47-2820 is repealed.
(16) Section 47-2821 is repealed.
(17) Section 47-2823 is repealed.
(18) Section 47-2824 is repealed.
(19) Section 47-2825 is repealed.
(20) Section 47-2826 is repealed.
(21) Section 47-2827 is repealed.
(22) Section 47-2828 is repealed.
(23) Section 47-2829 is repealed.
(24) Section 47-2830 is repealed.
(25) Section 47-2831 is repealed.
(26) Section 47-2832 is repealed.
(27) Section 47-2832.01 is repealed.
(28) Section 47-2832.02 is repealed.
(29) Section 47-2835 is repealed.
(30) Section 47-2836 is repealed.
(31) Section 47-2837 is repealed.
(32) Section 47-2838 is repealed.
(33) Section 47-2839 is repealed.
(34) Section 47-2839.01 is repealed.
(35) Section 47-2841 is repealed.
(36) Section 47-2842 is repealed.
(37) Section 47-2844 is repealed.
(38) Section 47-2844.01 is repealed.
(39) Section 47-2845 is repealed.
(40) Section 47-2846 is repealed.
(41) Section 47-2847 is repealed.
(42) Section 47-2848 is repealed.
(43) Section 47-2849 is repealed.
(44) Section 47-2850 is repealed.
(c) Subchapter I-A is amended as follows:
(1) Section 47-2851.01 is amended to read as follows:
"Sec. 47-2851.01. Definitions.
" For the purposes of this subchapter, the term:
"(1) "Basic business license" means the single document designed for public display issued by the Department that certifies a business to operate from a location in the District of Columbia.
"(2) "Beauty and grooming services" means personal services related to hairstyling, nail care, and cosmetics, including haircuts, color treatments, manicures, pedicures, chemical exfoliation, waxing, makeup application, electrolysis hair removal, and other similar services.
"(3) "Business" means a trade, profession, or activity that provides, or holds itself out to provide, goods or services to the general public or to a portion of the general public for hire or compensation in the District of Columbia. The term "business" does not include the activities of a government entity or employment for wages or salary.
"(4) "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 Licensing and Consumer Protection.
"(5) "Charitable services" means any service whose actual or purported purpose is benevolent, philanthropic, patriotic, educational (except religious education), scientific, environmental conservation, civic, or otherwise eleemosynary.
"(6) "Contractor and construction services" means any services that involve the planning, acquiring, building, equipping, altering, repairing, improving, or demolishing of any structure or appurtenance.
"(7) "Cottage food products" means any non-potentially hazardous food, as specified in regulations adopted by the Department of Health, that is sold to consumers, including through direct, retail, and online sales, within the District of Columbia in accordance with § 7-742.02 and regulations adopted by the Department of Health.
"(8) "Department" means the Department of Licensing and Consumer Protection or any successor agency.
"(9) "Director" means the Director of the Department of Licensing and Consumer Protection or any successor agency.
"(10) "Entertainment services" means a performance, recreational activity, spectacle, show, or similar event or service, including events or services occurring at amusement parks, bowling alleys, skating rinks, and theaters.
"(11) "Environmental services" means any service meant to store, transport, or distribute fuels or solvents, remediate pests or environmental contaminants, and store, transport, or collect solid waste.
"(12) "Food services" means any handling of food or food products regulated under title 25 of the District of Columbia Municipal Regulations ("DCMR").
"(13) "General sales and services" means any services that are not covered by other business license categories in this subchapter.
"(14) "Health services" means the operation of a swimming pool regulated under title 25C of the DCMR or a pet shop regulated under title 25J of the DCMR.
"(15) "Housing and lodging services" means the provision of short-term or long-term housing or lodging for residents and visitors in the District, including one-family rentals, two-family rentals, apartments, short-term rentals, hotels, bed and breakfasts, and other similar services.
"(16) "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.
"(17) "Person" means an 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.
"(18) "Public safety services" means any service whose primary purpose is to protect the safety, health, or property of residents of the District, including furnishing security systems, alarms, and personnel.
"(19) "Regulation" means any licensing or other governmental or statutory requirement pertaining to business or professional activities.
"(20) "Regulatory agency" means any District agency, board, commission, or division that regulates one or more professions, occupations, industries, businesses, or activities.
"(21) "Vehicular services" means the repair, servicing, alteration, restoration, towing, painting, cleaning, finishing, or parking of automobiles, trucks, recreational vehicles, boats and other vehicles, boats and other vehicles as a primary use, which may include the incidental wholesale and retail sale of vehicle parts as an accessory use.".
(2) New sections 47-2851.01a and 47-2851.01b are added to read as follows:
"Sec. 47-2851.01a. Scope of subchapter.
"(a) This subchapter provides for the issuance of a basic business license to a business located in the District.
"(b) Notwithstanding whether an individual's employer maintains a basic business license, an individual may be subject to professional and occupational licensure under subchapter I-B of this chapter.
"(c) The issuance of a basic business license does not guarantee the registration of a trade name under subchapter I-C of this chapter.
"Sec. 47-2851.01b. Powers and duties of the Department.
"(a) The Department shall administer and enforce the provisions of this subchapter.
"(b)(1) The Director, pursuant to subchapter I of Chapter 5 of Title 2, shall issue rules to implement the provisions of this subchapter.
"(2) The proposed rules shall be submitted to the Council for a 45-day review period, 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 45-day review period, the proposed rules shall be deemed approved.
"(c) The Department is authorized and empowered to suspend or revoke any license issued pursuant to this subchapter when, in the Director's judgment, such suspension or revocation is considered desirable in the interest of public decency or the protection of lives, limbs, health, comfort, and quiet of the residents of the District of Columbia, or for any other reason the Director may consider sufficient.
"(d) All departments and agencies in the District of Columbia government are hereby directed to provide full participation and cooperation in the implementation of this subchapter.
"(e) Nothing in this subchapter shall be construed as limiting or reassigning any District agency's power to inspect for compliance, as required by statute or regulation; provided, that any agency finding of noncompliance that affects the inspected person's eligibility for a basic business license shall be referred to the Department for appropriate action with respect to the basic business license.".
(3) Section 47-2851.02 is amended to read as follows:
"Sec. 47-2851.02. Basic business license required.
"(a) A person doing business in the District of Columbia shall maintain a basic business license in accordance with this subchapter.
"(b) The Department shall issue or renew a basic business license to an applicant who complies with all applicable District and federal laws and regulations.
"(c) A basic business license shall be required for each business location.
"(d) Notwithstanding subsection (a) of this section and except as required under subchapter I-A of this chapter, an individual employed by the holder of a basic business license is not required to maintain a basic business license to participate in the business of the license holder.
"(e) Licenses granted under this subchapter may be assigned or transferred upon approval by the Department and payment of the applicable fee.
"(f) The Department shall maintain and periodically update a roster of all businesses that have been issued a basic business license, indicating the license endorsements appended to each basic business license.
"(g) No person shall set up, operate, or conduct a business or device by or in which any person, animal, or living object shall act or be exposed as a target for a ball, projectile, missile, or thing thrown or projected for or in consideration of profit or gain, directly or indirectly.
"(h)(1) This section shall not apply to activities conducted in connection with:
"(A) A bona fide regularly scheduled national annual convention of any national association of a professional beauty and grooming service from which the general public is excluded;
"(B) A business activity that has a gross annual revenue of $2,000 or less;
"(C) Entertainments, concerts, or performances of any kind where the proceeds are intended for church or charitable purposes, and where no rental is charged; or
"(D) Cottage food products.
"(2) Upon request by the Department, a person applying for the exemption provided by paragraph(1)(B) of this subsection shall submit a letter self-certifying that the gross annual revenue of the business activity for which the exemption is sought does not exceed $2,000.
"(i) An applicant who makes a false statement in a self-certification letter under subsection (h)(2) of this section shall be guilty of a Class 1 civil infraction and subject to fines pursuant to section 3201 of Title 16 of the District of Columbia Municipal Regulations.".
(4) Section 47-2851.02a is repealed.
(5) Section 47-2851.03 is amended to read as follows:
"Sec. 47-2851.03. Categories of basic business licenses; endorsements.
"(a) Basic business licenses shall be issued by the Department under the following categories:
"(1) Beauty and grooming services;
"(2) Charitable services;
"(3) Contractor and construction services;
"(4) Entertainment services;
"(5) Environmental services;
"(6) Food services;
"(7) General sales and services;
"(8) Health services;
"(9) Housing and lodging services;
"(10) Public safety services; and
"(11) Vehicular services.
"(b) Owners, managers, or promoters of carnivals or fairs, by whatsoever name called, conducted for profit or gain and not held in any building or structure licensed under this chapter shall obtain a temporary special event license from the Department.
"(c) The Department may, through the promulgation of rules pursuant to subchapter 1 of Chapter 5 of Title 2:
"(1) Create additional basic business license categories beyond those in subsection (a) of this section; except, that the total number of categories may not exceed 15; and
"(2) Create and revise basic business license endorsement categories for specific business activities within each business license category of subsection (a) of this section and any additional business license categories created through rulemaking; provided, that such endorsements shall not have a cost to the licensee.".
(6) Section 47-2851.03a is repealed.
(7) Section 47-2851.03b is repealed.
(8) Section 47-2851.03c is repealed.
(9) Section 47-2851.03d is repealed.
(10) Section 47-2851.04 is amended to read as follows:
"Sec. 47-2851.04. License application and fees.
"(a) A person applying for an initial basic business license shall pay a license fee of:
"(1) $49 for a 6-month license;
"(2) $99 for a 2-year license.
"(b) For the renewal of:
"(1) An initial 6-month license, a person shall pay a license fee of $49 for a second 6-month license; provided, that only one $49 renewal of a 6-month license shall be permitted; thereafter, the person shall pay a renewal license fee according to paragraph (2) of this subsection; and
"(2) A 2-year license, a person shall pay a license fee of $99.
"(c)(1) Notwithstanding subsections (a) and (b) of this section, a business with expected or actual gross annual revenue of between $2,000 and $10,000 shall be exempt from the payment of basic business licensing fees.
"(2)(A) When applying for an initial basic business license or when applying to renew a basic business license, a person claiming an exemption pursuant to paragraph (1) of this subsection shall submit a statement certifying that the annual gross revenue for the person's business will not or does not exceed $10,000 ("self-certification statement").
"(B) The self-certification statement submitted pursuant to subparagraph (A) of this paragraph shall be submitted on a form published by the Department. The form shall include a space for the person to enter his or her expected annual gross revenue for the next year or the gross annual revenue for the previous year.
"(3) If circumstances change such that the business no longer qualifies for the exemptions provided by this subsection after the submission of a self-certification statement, the person who submitted the self-certification statement shall inform the Department within 30 days of the change of circumstances.
"(4) An applicant who knowingly makes a false statement in a self-certification statement or who knowingly fails to inform the Department that a business no longer qualifies for the exemption shall be:
"(A) Guilty of a Class 1 civil infraction and subject to fines pursuant to section 3201 of Title 16 of the District of Columbia Municipal Regulations; and
"(B) Barred from receiving a basic business license for 5 years.
"(d)(1) A person applying for a temporary special event license pursuant to § 47-2851.03(b) shall pay a license fee of $158 per day.
"(2) The Mayor may adjust the license fee set forth in paragraph (1) of this subsection to cover the costs to the District of providing police, fire, and other public services that are necessary to protect public health and safety.
"(e) The Department may revise the fees established in this section through the promulgation of rules pursuant to subchapter I of Chapter 5 of Title 2.
"(f) Nothing in this section shall be construed to supersede the zoning regulations.
"(g)(1) The Department shall not charge a license fee to a charity.
"(2) The Department may accept an affidavit of religious exemption in lieu of a certificate of registration.".
(11) Section 47-2851.05 is amended as follows:
(A) Subsection (b) is amended as follows:
(i) Paragraphs (3), (4), (5), and (6) are repealed.
(ii) Paragraph (8) is amended to read as follows:
"(8) To the extent feasible, each basic business license shall have a unique identifying number to be used for all official purposes, including taxation.".
(B) Subsections (c) and (d) are repealed.
(12) Section 47-2851.06 is amended to read as follows:
"Sec. 47-2851.06. Public information.
"(a) The Department shall compile information regarding the regulatory programs associated with each business regulated under this subchapter and provide the information to a person requesting it.
"(b) Notwithstanding any other provision of District law, information submitted to the Department under this subchapter shall not be made available to the public; except, 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; except also, that the person shall be limited to one request per day.
"(c) Federal Employer Identification numbers and social security numbers shall not be released to the public, except as requested by a law enforcement agency or directed by a court order.".
(13) Section 47-2851.07 is amended to read as follows:
"Sec. 47-2851.07. Issuance of licenses.
"(a) A person applying for a basic business license shall submit, in a form published by the Department, proof of the following:
"(1) Entity filing as required by the Business Organizations Code, Title 29;
"(2) Tax registration as required by Chapter 18;
"(3) Certificate of occupancy as required by Title 11 of the District of Columbia Municipal Regulations;
"(4) That the applicant does not owe the District more than $100 in outstanding taxes, fines, penalties or interest pursuant to § 47-2862;
"(5) Workers' Compensation insurance coverage or an exemption to the coverage; and
"(6) Any other information or documentation considered necessary by the Department.
"(b)(1) The social security number of each applicant for a license issued pursuant to this chapter, for membership in the bar of the District of Columbia Court of Appeals pursuant to § 11-2501, and for any recreational license issued in the District of Columbia shall be recorded on the application.
"(2) If a number other than the social security number is used on the face of the license or membership document, the issuing agency or entity shall keep the applicant's social security number on file, and the applicant shall be so advised.
"(c) Licenses issued under this subchapter shall be valid for a period of 6 months or 2 years.
"(d) All licenses granted under this subchapter must be conspicuously posted on the premises of the licensee, and the licenses shall be accessible at all times for inspection by the police or the Department.
"(e)(1) Notwithstanding any authority delegated to the Department 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) Upon receipt of the application and proper fee payment for a license for which issuance is subject to regulatory agency action under paragraph (1) of this subsection, the Department shall promptly notify the relevant regulatory agency of the license requested by the applicant.
"(3) Each regulatory agency shall advise the Department within 30 days after receiving the notice, or such other period as is established by law, that:
"(A) The agency approves the issuance of the requested license and will advise the applicant of any specific conditions required for issuing the license;
"(B) The agency denies the issuance of the license and gives the applicant reasons for the denial; or
"(C) No action has been taken on the application, for which the Department shall provide good and sufficient reasons for the delay and an estimate of when the action will be taken.
"(f)(1) The Department shall 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.".
(14) Section 47-2851.08 is repealed.
(15) Section 47-2851.09 is repealed.
(16) Section 47-2851.10 is amended to read as follows:
"Sec. 47-2851.10. Lapsed and reinstated licenses.
"(a)(1) The Department shall, 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 no later than 60 days prior to the expiration date to the mailing address or electronic mail address shown on the Department's records for the licensee.
"(2) It shall be the responsibility of the licensee to update the address information maintained by the Department.
"(b)(1)(A) 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.
"(B) 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 $75 plus other applicable fees or penalties provided by law.
"(2)(A) A license that is lapsed for more than 30 days shall be deemed to be expired.
"(B) A licensee whose license is lapsed for more than 30 days, but less than 6 months, may apply for renewal of the license, and the license shall be reinstated upon the payment of a penalty of $150, plus all other applicable fees and penalties provided by law.
"(3)(A) A license that is lapsed for more than 6 months shall be deemed to be expired.
"(B) A licensee whose license is lapsed for more than 6 months, but less than 9 months, may apply for renewal of the license, and the license shall be reinstated upon payment of a penalty of $350, plus other applicable fees and penalties provided by law, and the completion of any reinstatement requirements considered necessary by the Department.
"(c) The Department may, pursuant to subchapter I of Chapter 5 of Title 2, issue rules to implement the provisions of this section.".
(17) Section 47-2851.11 is repealed.
(18) Section 47-2851.12 is repealed.
(19) Section 47-2851.13 is amended to read as follows:
"Sec. 47-2851.13. Establishment of Basic Business License Fund.
"(a) There is established a Basic Business License Fund ("Fund"), which shall be classified as a proprietary fund and 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)(1) Except as provided in paragraph (2) of this subsection, all fees collected for the issuance of a basic business license, including renewals, late renewal penalties, other penalties, and fines, shall be deposited into the Fund.
"(2) 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.
"(c) Revenue credited to the Fund shall be for:
"(1) Maintaining and improving the basic business licensing system;
"(2) Personnel and supply costs;
"(3) Educational and outreach activities on the requirements of this subchapter; and
"(4) Any other costs associated with administering this subchapter.".
(20) Section 47-2851.15(b) is amended by striking the phrase "§ 47-2851.09" and inserting the phrase "the provisions of this subchapter" in its place.
(21) Section 47-2851.16 is amended as follows:
(A) Subsection (a) is amended to read as follows:
"(a) The Department may, if the Director determines it is feasible, allow a business required to be inspected under this subchapter the option of obtaining an inspection by an authorized third-party inspector.".
(B) The lead-in language of subsection (b) is amended to read as follows:
"The third-party inspector shall be qualified by virtue of a certification from a nationally recognized and accredited organization; provided that the third-party inspector:".
(C) Subsection (d) is amended as follows:
(i) Strike the word "Center" and insert the word "Department" in its place.
(ii) Strike the phrase "or inspection at the applicant's expense" and insert the phrase "or inspection" in its place.
(D) Subsection (e) is amended by striking the phrase "master business license or endorsement" and inserting the phrase "basic business license" in its place.
(22) Section 47-2851.18 is repealed.
(23) Section 47-2851.19 is repealed.
(24) Section 47-2851.20 is repealed.
(25) New sections 47-2851.21, 47-2851.22, 47-2851.23, and 47-2851.24 are added to read as follows:
"Sec. 47-2851.21. Bonding of licensees authorized to collect monies; exemptions.
"(a) The Department may require that any class or subclass of licensees licensed under the authority of this subchapter to engage in a business, trade, profession, or calling involving an express or implied agreement to collect money for others shall give bond to safeguard against financial loss those persons with whom such class or subclass of licensees may so agree.
"(b) The bond required by subsection (a) of this section shall be a corporate surety bond in an amount to be fixed by the Council, but not to exceed $15,000, conditioned upon the observance by the licensee and any agent or employee of the licensee of all laws and regulations in force in the District applicable to the licensee's conduct of the business, trade, profession, or calling licensed under the authority of this subchapter for the benefit of any person who may suffer damages resulting from the violation of any such law or regulation by or on the part of such licensee, his agent, or employee.
"(c)(1) A person aggrieved by the violation of any law or regulation applicable to a licensee's conduct of a business, trade, profession, or calling involving the collection of money for others shall have, in addition to his right of action against such licensee, a right to bring suit against the surety on the bond authorized by this section, either alone or jointly with the principal thereon, and to recover in an amount not exceeding the penalty of the bond any damages sustained by reason of any act, transaction, or conduct of the licensee and any agent or employee of the licensee that is in violation of law or regulation in force in the District of Columbia relating to the business, trade, profession, or calling licensed under this subchapter; and
"(2) The provisions of § 1-301.01(b)(2), (3), and (5), except for the last sentence of § 1-301.01(b)(3), shall be applicable to such bond as if it were the bond authorized by § 1-301.01(b)(1); provided, that nothing in this subsection shall be construed to impose upon the surety on any such bond a greater liability than the total amount thereof or the amount remaining unextinguished after any prior recovery or recoveries.
"(d) This subsection shall not be applicable to persons when engaged in the regular course of any of the following professions or businesses:
"(1) Attorneys-at-law;
"(2) Persons regularly employed on a regular wage or salary, in the capacity of credit men or in a similar capacity, except as an independent contractor;
"(3) Banks and financing and lending institutions;
"(4) Common carriers;
"(5) Title insurers and abstract companies while doing an escrow business;
"(6) Licensed real estate brokers; or
"(7) Employees of any class or subclass of licensees required to give bond under this subsection.".
"Sec. 47-2851.22. Cease and desist orders.
"(a)(1)(A) When a board, or the Mayor, after investigation but prior to a hearing, has cause to believe that a person is violating any provision of this subchapter and the violation has caused or may cause immediate and irreparable harm to the public, the board or the Mayor may issue an order requiring the alleged violator to cease and desist immediately from the violation. "(B) An order issued under subparagraph (A) of this paragraph shall be served by certified mail or delivered in person.
"(2) A copy of the cease and desist order shall be served on the holder of a certificate of occupancy for the premises and on the property owner of record if each of these persons or entities is separate and distinct from the licensee.
"(b)(1) The alleged violator may, within 15 days of the service of the order, submit a written request to the board to hold a hearing on the alleged violation.
"(2) Upon receipt of a timely request, the board shall conduct a hearing and render a decision pursuant to § 47-2853.22.
"(c)(1) The alleged violator may, within 10 days of the service of an order, submit a written request to the board for an expedited hearing on the alleged violation, in which case he or she shall waive his or her right to the 15-day notice required by subsection (b)(1) of this section.
"(2) Upon receipt of a timely request for an expedited hearing, the board shall conduct a hearing within 10 days of the date of receiving the request and shall deliver to the alleged violator at his or her last known address a written notice of the hearing by any means guaranteed to be received at least 5 days before the hearing date.
"(3) The board shall issue a decision within 30 days after an expedited hearing.
"(d) If a request for a hearing is not made pursuant to subsections (b) and (c) of this section, the order of the board to cease and desist shall be final.
"(e) If, after a hearing, the board determines that the alleged violator is not in violation of this subchapter, the board shall vacate the order to cease and desist.
"(f) If a person fails to comply with a lawful order of a board issued pursuant to this section, the board may petition the court to issue an order compelling compliance or take any other action authorized by this subchapter.".
"Sec. 47-2851.23. Prosecutions.
"Prosecutions for violations of any of the provisions of this subchapter, or of any provision as may be added from time to time by the Council, or of any regulation made by the Council under the authority of this subchapter, shall be on information in the Superior Court of the District of Columbia by the Attorney General, or any of the Attorney General's assistants.
"Sec. 47-2851.24. Penalties.
"(a) A person violating any of the provisions of this subchapter, or of any provision as may be added from time to time by the Council, where no specific penalty is fixed, or the violation of any regulation made by the Council under the authority of this chapter, shall be guilty of a misdemeanor and upon conviction be fined not more than the amount set forth in § 22-3571.01 or imprisoned for not more than 90 days.
"(b) A person failing to file any information required by this subchapter, or by any regulation of the Council made under the provisions this subchapter, or who in filing any required information makes a false or misleading statement shall upon conviction be fined not more than the amount set forth in § 22-3571.01 or imprisoned for not more than 90 days.
"(c) Civil fines, penalties, and fees may be imposed as alternative sanctions for any infraction of the provisions of this subchapter, or any rules or regulations issued under the authority of this chapter, pursuant to Chapter 18 of Title 2.
"(d) Adjudication of any infraction of this subchapter shall be pursuant to Chapter 18 of Title 2.".
(d) Subchapter I-B is amended as follow:
(1) Section 47-2853.04(a) is amended to read as follows:
"(a) The following non-health related occupations and professions have been determined to require regulation in order to protect public health, safety or welfare or to assure the public that persons engaged in these occupations or professions have the specialized skills or training required to perform the services offered:
"(1) Architect;
"(2) Asbestos Worker;
"(3) Attorney;
"(4) Barber;
"(5) Body Artist;
"(6) Boxer/Wrestler;
"(7) Campus Police Officer;
"(8) Certified Public Accountant;
"(9) Clinical Laboratory Director;
"(10) Clinical Laboratory Technician;
"(11) Commercial Driver;
"(12) Commercial Bicycle Operator;
"(13) Cosmetologist;
"(14) Electrician;
"(15) Elevator Mechanic;
"(16) Elevator Contractor;
"(17) Elevator Inspector.
"(18) Funeral Director;
"(19) Insurance Agent;
"(20) Insurance Broker;
"(21) Interior Designer;
"(22) Investment Advisor;
"(23) Land Surveyor;
"(24) Landscape Architect;
"(25) Notary Public;
"(26) Operating Engineer;
"(27) Plumber/Gasfitter;
"(28) Principal (Public School);
"(29) Private Correctional Officer;
"(30) Private Detective;
"(31) Professional Engineer;
"(32) Property Manager;
"(33) Real Estate Appraiser;
"(34) Real Estate Broker;
"(35) Real Estate Salesperson;
"(36) Refrigeration and Air Conditioning Mechanic;
"(37) Securities Agent;
"(38) Securities Broker-Dealer;
"(39) Security Alarm Agent;
"(40) Security Officer;
"(41) Special Police Officer;
"(42) Steam Engineer;
"(43) Taxicab/Limousine Operator;
"(44) Teacher and Other Instructional Personnel (Public Schools Only);
"(45) Tour guide; and
"(46) Veterinarian.".
(2) Part D-i is amended by adding a new section 47-2853.76 to read as follows:
"Sec. 47-2853.76. Definitions.
" For the purposes of this part, the term:
"(1) "Board" means the Board of Barber and Cosmetology.
"(2) "Body art" or "body art procedure" means the process of physically modifying the body for cosmetic or other non-medical purposes, including tattooing, body piercing, and fixing indelible marks or figures on the skin through scarification, branding, tongue bifurcation, and tissue removal.
"(3) "Body artist" means an individual who is licensed under this chapter to perform body art procedures.
"(4) "Body art establishment" means any structure or venue, whether temporary or permanent, where body art procedures are performed.
"(5) "Body piercing" means the perforation of any human body part followed by the insertion of an object, such as jewelry, for cosmetic or other non-medical purposes by using any of the following instruments, methods, or processes: stud and clasp, captive ball, soft tissue, cartilage, surface, surface-to-surface, microdermal implantation or dermal anchoring, subdermal implantation, and transdermal implantation. The term "body piercing" does not include nail piercing.
"(6) "Branding" means the process of applying extreme heat with a pen-like instrument to create an image or pattern.
"(7) "Cleansing product" means any material used to apply cleansing agents to the skin, such as cotton balls, tissue or paper products, paper or plastic cups, towels, gauze, or sanitary coverings.
"(8) "Operator" means a person who owns, controls, or operates a body art establishment, whether or not the person actually performs body art procedures.
"(9) "Sanitization" means the reduction of the population of microorganisms to safe levels, as determined by the Department of Health, by a product registered with the Environmental Protection Agency ("EPA") or by chemical germicides that are registered with the EPA as hospital disinfectants.
"(10) "Scarification" means the placing of an indelible mark on the skin by the process of cutting or abrading the skin to bring about permanent scarring.
"(11) "Sharps" means any object, sterile or contaminated, that may penetrate the skin or mucosa, including pre-sterilized single needles, scalpel blades, and razor blades.
"(12) "Single-use" means products or items intended for one-time use that are disposed of after use on a client.
"(13) "Sterilization" means the process of destruction of all forms of life by physical or chemical means.
"(14) "Tattoo" means the placing of pigment into the skin dermis for cosmetic or other non-medical purposes, including the process of micro-pigmentation or cosmetic tattooing.
"(15) "Tissue removal" means placing an indelible mark or figure on the skin through the removal of a portion of the dermis.
"(16) "Tongue bifurcation" means the cutting of the tongue from tip to part of the way toward the base, forking at the end.".
(3) Section 47-2853.76b is amended to read as follows:
"Sec. 47-2853.76b. Regulation of body artists and body art establishments.
"(a) The Department of Health shall regulate:
"(1) Body artists to protect public health, safety, and welfare and to ensure that persons engaged in the occupation have the specialized skills, education, and training required to perform the services offered by establishing and imposing occupational licensing, registration requirements, and associated fee schedules; and
"(2) Body art establishments to ensure that such establishments have adequate health, sanitization, sterilization and safety methods, procedures, equipment, and supplies by establishing minimum sterilization, sanitation, health, and safety standards for the operation of the establishments as may be necessary to prevent infection and contamination of equipment, supplies, or work surfaces with pathogenic organisms and by establishing and imposing operational licensing, registration requirements, and associated fee schedules.
"(b)(1) All body art establishments offering tattooing procedures shall conspicuously post a written disclosure that states the following:
"The United States Food and Drug Administration has not approved any pigment color additive for injectable use as tattoo ink. There may be a risk of carcinogenic decomposition associated with certain pigments when the pigments are subsequently exposed to concentrated ultra-violet light or laser irradiation.".
"(2) All body art establishments offering tattooing procedures shall maintain documentation on the premises containing the following information and shall disclose to customers upon request:
"(A) The components of the pigments used in the body art establishment;
"(B) The names, addresses, and telephone numbers of the suppliers and manufacturers of pigments used in the body art establishment for the past 3 years; and
"(C) Identification of any recalled pigments used in the establishment for the past 3 years and the supplier and manufacturer of each pigment.
"(3) All body art establishments shall maintain and use regularly calibrated autoclave equipment for the sterilization of any non-disposable body art equipment at a frequency to be established by the Department of Health.
"(4) Only single-use disposable sharps, pigments, gloves, and cleansing products shall be used in connection with body art procedures in body art establishments, in accordance with rules established by the Department of Health.
"(5) A body art establishment that is in violation of this subsection shall be subject to license suspension or revocation and a maximum fine of $2,500.
"(c)(1) No person shall operate a body art establishment or perform body art procedures in a body art establishment unless that establishment has obtained a valid body art establishment license issued by the Mayor.
"(2) No body art establishment shall employ or permit body artists to perform body art procedures in the body art establishment unless the body artist holds a valid body art license issued by the Mayor.
"(3) Any person violating paragraph (1) or (2) of this subsection shall, upon conviction, be deemed guilty of a misdemeanor and may be punished by a fine not exceeding $2,500, imprisonment for not more than 3 months, or both.".
(4) A new Part Q-i is added to read as follows:
"Part Q-i. Detective and Security Services.
"Sec. 47-2853.207. Definitions.
" For purposes of this part, the term:
"(1) "Campus police officer" means an individual appointed under § 5-129.02 and subject to the requirements of Chapter 12 of Title 6A of the District of Columbia Municipal Regulations.
"(2) "Detective" or "detective agency" means and includes any person, firm, or corporation engaged in the business of, or advertising, or representing himself, or itself, as being engaged in the business of detecting, discovering, or revealing crime or criminals, or securing information for evidence relating thereto, or discovering or revealing the identity, whereabouts, character, or actions of any person or persons, thing or things.
"(3) "Security agency" means a person who conducts a business that provides security services.
"(4) "Security officer" means an individual appointed under § 5-129.02 and shall have the same meaning as provided in section 2100 of Title 17 of the District of Columbia Municipal Regulations.
"(5) "Security services" means any activity that is performed for compensation by a security officer or special police officer to protect an individual or property.
"(6) "Special police officer" means an individual appointed under § 5-129.02 and subject to the requirements of Chapter 11 of Title 6A of the District of Columbia Municipal Regulations.
"Sec. 47-2853.208. Detective and security agencies; security services occupations.
"(a) It shall be unlawful for a person to engage in the business of operating, managing, or conducting a security agency or detective agency, for profit or gain, or to advertise or represent his or her business to that of a security agency or detective agency, or that of conducting, managing, or operating a detective agency or security agency, without first obtaining:
"(1) A public safety services license issued pursuant to § 47-2851.03; and
"(2) Approval from the Chief of Police.
"(b) In addition to the requirements of subsection (a), no person shall act as a campus police officer, private detective, or special police officer in the District of Columbia without first obtaining:
"(1) An occupational license issued by the Department of Licensing and Consumer Protection; and
"(2) Approval from the Chief of Police.
"(c) All laws that govern the Metropolitan Police force of the District of Columbia in the matters of persons, property, or money shall be applicable to all private detectives licensed under this section, and the detectives shall make like returns and dispositions of such matters as is required by existing law and the rules of the Mayor of the District of Columbia governing the Metropolitan Police Department.
"(d) The Director of the Department of Licensing and Consumer Protection is authorized and empowered to:
"(1) Issue civil penalties to a person who violates any provision of this section or the provisions of Chapter 21 of Title 17 of the District of Columbia Municipal Regulations pertaining to security agencies; and
"(2) Suspend or revoke the license of a private detective when such action is deemed advisable in the public interest.
"(e) Any occupational license fees collected pursuant to this section shall be deposited into the Occupations and Professions Licensing Special Account established pursuant to § 47-2853.11.
"(f) The Department may, through the promulgation of rules pursuant to subchapter 1 of Chapter 5 of Title 2, establish qualifications and fees for occupational licenses issued pursuant to this section, and establish civil penalties for violations of this section.".
(5) A new Part R-i is added to read as follows:
"Part R-i. Tour Guides.
"Sec. 47-2853.217. Definitions.
"For purposes of this part, the term "tour guide" means a person who engages primarily in the business of guiding or directing people to any place or point of interest in the District.".
"Sec. 47-2853.218. Tour guides.
"(a) No person shall, for hire, guide or escort any person through or about the District of Columbia, or any part of the District, without first obtaining:
"(1) A entertainment services license issued pursuant to § 47-2851.03;
"(2) An occupational license for a tour guide issued by the Department of Licensing and Consumer Protection; and
"(3) Approval from the Chief of Police.
"(b) The Department may, through the promulgation of rules pursuant to Subchapter 1 of Chapter 5 of Title 2, establish qualifications and fees for occupational licenses issued pursuant to this section, and establish civil penalties for violations of this section.".
Sec. 6. Section 8a of An Act Relating to the adulteration of foods and drugs in the District of Columbia, effective May 2, 2002 (D.C. Law 14-116; D.C. Official Code § 48-108.01), is amended by adding a new subsection (c-1) to read as follows:
"(c-1)(1) Notwithstanding subsection (c) of this section, the Mayor shall not summarily close a food establishment solely for a lapsed or expired basic business license prior to sending a written notice of noncompliance to the licensee.
"(2) The written notice of noncompliance shall notify the licensee that he or she has 5 days from the date of receipt of the notice to renew the food establishment's basic business license before the establishment may be summarily closed.
"(3) If a licensee fails to renew the food establishment's basic business license and provide proof of the renewed license within 5 days of receipt of the notice, the Mayor may summarily close the establishment without additional warning, notice of a hearing, or a hearing.".
Sec. 7. Section 14 of the Department of For-Hire Vehicles Establishment Act of 1985, effective March 25, 1986 (D.C. Law 6-97; D.C. Official Code § 50-301.13), is amended to read as follows:
"Sec. 14. Regulation of public vehicles-for-hire.
"(a)(1) No person shall engage in driving or operating any vehicle pursuant to this act without having procured from the Mayor, or the Mayor's designated agent, a license which shall only be issued upon evidence satisfactory to the Mayor that the applicant is qualified to operate such vehicle and upon payment of an annual license fee of an amount set by the Mayor.
"(2) The license shall be carried upon the person of the licensee or in the vehicle while engaged in driving the vehicle when the vehicle is being used for hire.
"(3) Application for the license shall be made in such form as shall be prescribed by the Mayor.
"(4) Each annual license issued under the provisions of this subsection shall be numbered, and there shall be kept in the Department of For-Hire Vehicles a record containing the name of each person so licensed, his annual license number, and all matters affecting his qualifications to be licensed under this section.
"(5) No license issued under the provisions of this subsection shall be assigned or transferred.
"(6)(A) The Department of For-Hire Vehicles may develop procedures to evaluate the record of a taxicab operator's license under the terms of this subsection and the owners of taxicabs licensed under the terms of this section.
"(B) The record maintained by the Department of For-Hire Vehicles for each licensee shall contain any violations associated with the license upon the final determination of liability by any governmental body charged with adjudicating violations.
"(C)(i) Any procedure shall clearly state the grounds for suspension or revocation of a license.
"(ii) If the license of a person licensed pursuant to this subsection is revoked, the person must complete the requirements contained in this section before the person may receive a new license.
"(D) If the license of a person licensed pursuant to this subsection is suspended, the licensee must complete the requirements contained in this section and present to the Department of For-Hire Vehicles the certificate of completion of the required course before reinstatement.
"(b) The Department of For-Hire Vehicles shall make the following information available for public inspection:
"(1) The name of each person licensed under the terms of this section;
"(2) The licensee's annual license number;
"(3) The name of the association, corporation, or organization that maintains the lease or membership agreement with the licensee;
"(4) Any monetary fine, suspension, or revocation action taken against the licensee;
"(5) Where applicable, a certificate of completion by the licensee of the training course established pursuant to this section;
"(6) A record of any criminal conviction of the licensee within the last 3 years; and
"(7) Any points assessed against the licensee's District of Columbia operators permit. The records shall be cross-referenced to the association, corporation, or organization.
"(c)(1) The Department of For-Hire Vehicles shall, by regular U.S. mail and within 5 days that Department of For-Hire Vehicles is notified of a final decision of suspension, revocation, or non-renewal of a taxicab operator license, notify the association, corporation, organization, or person that maintains a taxicab lease or taxicab association or company membership agreement with the operator that the operator's privilege to operate a taxicab in the District of Columbia has been suspended, revoked, or not renewed.
"(2) The association, corporation, organization, or person that maintains a lease with the operator shall, upon receipt of the notice, terminate any lease agreement, written or otherwise, with the operator and shall take reasonable steps to assure the return to the owner of any vehicle leased to the operator.
"(3) The Department of For-Hire Vehicles shall promulgate regulations to carry out the purposes of this subsection.
"(d)(1) All vehicles licensed under this section shall bear such identification tags as the Council of the District of Columbia may from time to time direct.
"(2) Nothing contained in this section shall exempt vehicles licensed under this section from compliance with the traffic and motor vehicle regulations of the District of Columbia.
"(e) Nothing in this section shall be construed to require the procuring of a license or the payment of a tax with respect to a vehicle owned or operated by a state or local government or a subdivision or instrumentality thereof that is being used to transport school children, their teachers, or escorts to the District of Columbia from the state in which their school is located.
"(f) The following additional licensing requirements shall apply to all persons who apply for a license to operate any public vehicle-for-hire licensed for an owner of a motor vehicle for hire used for any purpose, including owners of a taxicab, an ambulance for hire, an owner of a passenger vehicle, which when used for hire, is used exclusively for funeral purposes, an owner of a passenger vehicle used exclusively for contract livery services for which the rate is fixed solely by the hour, and an owner of a passenger vehicle for hire used for sightseeing purposes:
"(1)(A) Completion of the primary public passenger vehicle-for-hire license training course, as established by the Department of For-Hire Vehicles, for a fee of no less than $100 per person.
"(B) Upon completion of the course, the applicant shall be issued a certificate of completion that shall include the date of completion and be presented to the Department of For-Hire Vehicles with the application for a license.
"(C) Before issuing the certificate of completion, a person shall have passed an examination consisting of the subject matters taught in the course and an evaluation of the person's English communication skills.
"(D) At a minimum, the training course and any refresher course provided by the Department of For-Hire Vehicles shall be designed to develop the applicant's knowledge of:
"(i) The geography of the District, with particular emphasis on major streets throughout the District, significant government buildings, attractions, and tourist sites, and historical knowledge of the District;
"(ii) District laws and regulations governing the taxicab industry and the penalties for violating these laws and regulations;
"(iii) District traffic laws and regulations and the penalties for violating these laws and regulations, including:
"(I) The rights and duties of motorists, which include not blocking the crosswalk or intersection and not driving or stopping in a bicycle lane;
"(II) The rights and duties of pedestrians; and
"(III) The rights and duties of bicyclists.
"(iv) Public relations skills, including cultural awareness and sensitivity training, appropriate social customs and courtesies that should be extended to the public, conflict resolution, and knowledge of the hospitality industry;
"(v) Small business practices, including methods of accounting and manifest maintenance, fare computations for intra-District trips and interstate trips, and general management principles;
"(vi) Driving skills and knowledge of the rules of the road; and
"(vii) The legal requirements that apply to the transportation of persons with disabilities, including providing equal access to transportation and complying with the Americans with Disabilities Act of 1990, approved July 26, 1990 (104 Stat. 328; 42 U.S.C. § 12101 et seq.) ("ADA").
"(2) All courses for operators of wheelchair-accessible taxicabs shall provide training as to:
"(A) The legal requirements that apply to the transportation of persons with disabilities, including providing equal access to transportation and complying with the ADA;
"(B) Passenger assistance techniques, including a review of various disabilities, hands-on demonstrations of how to assist those with disabilities, mobility equipment training (including familiarity with lift and ramp operations and various types of wheelchairs and personal mobility devices), and safety procedures;
"(C) Training with an actual person using a wheelchair or personal mobility device;
"(D) Sensitivity training, including customer service and conflict resolution techniques; and
"(E) Overall training in passenger relations and courtesy.
"(3) Completion of an examination, which shall consist of a minimum of 60 questions, the passing grade of which shall be 70% answered correctly, and which shall, at a minimum, test:
"(A) The applicant's fitness for licensure based upon knowledge of the location of addresses, significant government buildings, and tourist sites, and an understanding of the Capital City Plan;
"(B) The applicant's fitness for licensure based upon the areas covered in the hacker's license training course, exclusive of geography;
"(C) The applicant's knowledge of the District, through a minimum of 5 written questions, which shall require the applicant to state the route to arrive at a destination from a particular location; and
"(D) The applicant's knowledge of selected areas, through a minimum of 5 oral questions, covered in the hacker's license training course, exclusive of geography, and the applicant's ability to communicate in English.
"(4)(A) An applicant may repeat the examination no more than 3 times. Upon the third failure, an applicant must repeat the hacker's license training course and present a new certificate of completion before being allowed to take the examination again.
"(B) The Department of For-Hire Vehicles shall construct a pool of no fewer than 300 questions from which questions shall be drawn for each examination that is administered. The pool shall be prohibited from public dissemination and be substantially revised, at a minimum, every 2 years to protect the integrity of the examination.
"(5) Upon passage of the examination, each applicant has 90 days in which to complete the application process for licensure. After 90 days, the passing score from the prior examination is no longer valid for licensure, and the applicant must repeat the license training course, present a new certificate of completion, and retake the examination.
"(g) The Department of For-Hire Vehicles may issue any reasonable rule relating to the supervision of public vehicles-for-hire it considers necessary for the protection of the public.
"(h)(1) Subject to paragraph (2) of this subsection, the Department of For-Hire Vehicles may establish:
"(A) Standards, criteria, and requirements for the licensing of the different classes of public vehicles-for-hire and the owner and operators the public vehicles-for-hire; and "(B) Appropriate classes of license fees for the ownership and operation of public vehicles-for-hire subject to the requirements of this section.
"(2) No license requirement for operating authority shall be mandated by the Department of For-Hire Vehicles that is duplicative of the jurisdiction of the Washington Metropolitan Area Transit Commission.
"(i)(1) No person, corporation, partnership, or association shall operate a public vehicle-for-hire in the District without first having procured all applicable licenses and meeting all requirements as mandated by the Department of For-Hire Vehicles.
"(2) A violation of this subsection shall subject a violator to a civil fine not to exceed $500.
"(j) The Department of For-Hire Vehicles may establish reasonable civil fines and penalties for violation of any rule issued pursuant to the authority of this section.
"(k) All rules and regulations applicable to public vehicles-for-hire in effect before October 22, 2012, that are consistent with this subchapter shall remain effective until amended or repealed by the Department of For-Hire Vehicles.".
Sec. 8. MPD Overtime Reimbursement Fund.
(a) This section may be cited as the "MPD Overtime Reimbursement Fund Establishment Act of 2022".
(b) There is established as a special fund, the MPD Overtime Reimbursement Fund ("Fund"), which shall be administered by the Metropolitan Police Department ("MPD") in accordance with subsection (d) of this section.
(c) Except as provided in in section 3052 of the FEMS Special Events Fee Fund Establishment Act of 2007, effective September 18, 2007 (D.C. Law 17-20; D.C. Official Code § 1-325.81), revenue from the following sources shall be deposited in the Fund:
(1) Fees paid pursuant to D.C. Official Code § 47-2851.04(d)(2) related to police services; and
(2) Fees paid pursuant to section 3002 of the Police Escort Reimbursement Amendment Act of 2014, effective February 26, 2015 (D.C. Law 20-155; D.C. Official Code § 5-129.71).
(d) Money in the Fund shall be used for the purpose of reimbursing MPD for the cost of overtime needed to:
(1) Staff special events, such as parades, carnivals, and movie productions; and
(2) Provide security details to establishments, such as bars, nightclubs, and sports teams, that pay for extra police coverage.
Sec. 9. Applicability.
(a) This act shall apply upon the date of inclusion of its fiscal effect in an approved budget and financial plan.
(b) The Chief Financial Officer shall certify the date of the inclusion of the fiscal effect in an approved budget and financial plan and provide notice to the Budget Director of the Council of the certification.
(c)(1) The Budget Director shall cause the notice of the certification to be published in the District of Columbia Register.
(2) The date of publication of the notice of the certification shall not affect the applicability of this act.
Sec. 10. Fiscal impact statement.
The Council adopts the fiscal impact statement in the committee report as the fiscal impact statement required by section 4a of the General Legislative Procedures Act of 1975, approved October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a).
Sec. 11. 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), a 30-day period of congressional review as provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 813; D.C. Official Code § 1 206.02(c)(1)), and publication in the District of Columbia Register.
