Production of valid identification document required; penalty.
A licensee shall refuse to sell, serve, or deliver an alcoholic beverage to any person who, upon request of the licensee, fails to produce a valid identification document. A licensee or his agent or employee shall take steps reasonably necessary to ascertain whether any person to whom the licensee sells, delivers, or serves an alcoholic beverage is of legal drinking age. Any person who supplies a valid identification document showing his or her age to be the legal drinking age shall be deemed to be of legal drinking age. Upon finding that a licensee has violated subsection (a) or (b) of this section in the preceding 4 years, the penalties shall be the following: Upon the first violation, the Board shall fine the licensee not less than $1,000, and not more than $2,000, and suspend the licensee for 5 consecutive days. The 5-day suspension may be stayed by the Board for one year if all employees who serve alcoholic beverages in the licensed establishment complete an alcohol training program within 3 months. Upon the second violation, the Board shall fine the licensee not less than $2,000, and not more than $4,000, and suspend the licensee for 10 consecutive days. The Board may stay up to 6 days of the 10-day suspension for one year if all employees who serve alcoholic beverages in the licensed establishment complete an alcohol training program within 3 months. Upon the third violation, the Board shall fine the licensee not less than $4,000, and not more than $10,000, and suspend the licensee for 15 consecutive days, or revoke the license. The Board may stay up to 5 days of the 15-day suspension for one year if all employees who serve alcoholic beverages in the licensed establishment complete an alcohol training program within 3 months. Upon the fourth or subsequent violation, the Board may revoke the license. Repealed. The provisions of this section notwithstanding, no licensee shall discriminate on any basis prohibited by Unit A of Chapter 14 of Title 2. An affirmative defense to a violation of subsection (a) of this section shall be that the person was at the time of the violation 21 years of age or older.
Annotations
Jan. 24, 1934, 48 Stat. 331, ch. 4, § 20 Aug. 27, 1935, 49 Stat. 901, ch. 756, § 10 June 29, 1953, 67 Stat. 104, ch. 159, § 404(g) Sept. 29, 1982, D.C. Law 4-157, § 12, 29 DCR 3617 Sept. 26, 1984, D.C. Law 5-106, § 2, 31 DCR 3381 Feb. 24, 1987, D.C. Law 6-178, § 2(a), 33 DCR 7654 Mar. 7, 1987, D.C. Law 6-217, § 12, 34 DCR 907 Sept. 11, 1993, D.C. Law 10-12,§ 2(c), 40 DCR 4020 May 24, 1994, D.C. Law 10-122, § 2(i), 41 DCR 1658 May 3, 2001, D.C. Law 13-298, § 101, 48 DCR 2959 May 1, 2013, D.C. Law 19-310, § 2(cc), 60 DCR 3410 May 2, 2015, D.C. Law 20-270, § 2(e)(9), 62 DCR 1866 Mar. 9, 2016, D.C. Law 21-84, § 2(e)(6), 63 DCR 781 For temporary (90 days) amendment of this section, see § 2(cc) of the Omnibus Alcoholic Beverage Regulation Congressional Review Emergency Act of 2013 (D.C. Act 20-52, April 22, 2013, 60 DCR 6372, 20 DCSTAT 1388). For temporary addition of (e), see § 2(cc) of the Omnibus Alcoholic Beverage Regulation Emergency Amendment Act of 2012 (D.C. Act 19-597, January 14, 2013, 60 DCR 1001). The 2016 amendment by D.C. Law 21-84 added “the penalties shall be the following” in the introductory language of (c); substituted “fourth or subsequent violation” for “fourth violation” in (c)(4); and repealed (c)(5). The 2015 amendment by D.C. Law 20-270 substituted “preceding 4 years” for “preceding 2 years” in the introductory language of (c). The 2013 amendment by D.C. Law 19-310 added (e). 1973 Ed., § 25-121. 1981 Ed., § 25-783.
Sourced from the DC Council Open Law Library (public domain).
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