Prevention of Child Consumption of Alcoholic Beverages Act of 1999
Bill 13-39

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A BILL IN THE COUNCIL OF THE DISTRICT OF COLUMBIA

Councilmember Carol Schwartz introduced the following bill. which was referred to the Committee on Consumer and Regulatory Affairs

To amend the District of Columbia Alcoholic Beverage Control Act by strengthening the requirements on liquor licensees that prohibit persons under the age of 18 from entering the premises of alcoholic beverage retail establishments during school hours and from purchasing alcoholic beverages and by increasing the penalties for first. second, and third offenses of these regulations: and to amend Chapter 11 of Title 23A of the District of Columbia Municipal Regulations by defining advertising and restricting alcoholic beverage advertising within 1,000 feet of establishments frequented by children, and by establishing new penalties for violations of advertising restrictions that are created to protect children.

BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA That this act may be cited as the "Prevention of Child Consumption of Alcoholic Beverages Act of 1999".

Sec. 2. Section 20 of the District of Columbia Alcoholic Beverage Control Act, approved January 24, 1938 (48 Stat. 331; D.C. Code §25-121), is amended as follows:

(a) Subsection (b-l) is amended by striking the phrase "that the licensee or his or her employee reasonably believed that the person was 18 years of age or older" and inserting the phrase "that the licensee or the licensee's employee requested a valid identification document and was shown an identification document indicating that the minor was 18 years of age or older which the licensee or the licensee's employee reasonably believed to be valid" in its place.

(b) Subsection (d)(2) is amended by striking the word "subsection" and inserting the word "section" in its place.

(c) Subsection (f) is amended by striking the phrase "make a good faith effort to ascertain" and inserting the phrase "take steps reasonably necessary to ascertain" in its place.

(d) Subsection (g)( I ) is amended as follows:

(1) Subparagraph (A) is amended by striking the phrase "not less than $1,000 and not more than 52,000, or" and inserting the phrase "not less than $2,000 and not more than 54,000, and" in its place.

(2) Subparagraph (B) is amended by striking the phrase "not less than $2,000 and not more than $4,000" and inserting the phrase "not less than $4,000 and not more than $6,000," in its place.

(3) Subparagraph (C) is amended to read as follows: "(C) Upon the third violation,. fine the licensee not less than 56,000 and not more than $25,000. and revoke the license.".

Sec. 3. Chapter I I of Title 23A of the District of Columbia Municipal Regulations is amended by adding the following sections at the beginning of the chapter and by renumbering the existing sections as 1100.4. 1100.5, and 1100.6:

"1100.1 Definitions.

"'Advertisement" is defined as any sign, poster, placard, device, graphic display, neon display, or any other form of commercial message.

"1100.2 Advertising outdoors.

"(a) It is prohibited for any person to advertise alcoholic beverages in any outdoor location within 1,000 feet of a school, public or private playground. licensed day care center, youth center, Boys or Girls Club, YMCA or YWCA, family amusement center, video arcade, gymnasium, public swimming pool, or designated school bus stop.

"(b) Alcoholic beverage advertisements on bus shelters and in rail stations within the District are prohibited.

"(c) Alcoholic beverage advertisements on taxis licensed by the District of Columbia are prohibited.

"(d) Alcoholic beverage advertisements on Metrobuses and on Metrorail trains shall be prohibited effective May 1, 1999.

"1100.3 District-owned or -operated buildings.

"Alcoholic beverage advertisements on the outside or inside of District-owned or -operated buildings shall be prohibited.

The following sections are added and numbered as follows:

"1100.7 Penalties for violations.

"(a) Any person who violates. disobeys, omits, neglects, refuses to comply with or resists the enforcement of any provision of this act shall be guilty of a misdemeanor and, upon conviction in any court of competent jurisdiction. shall be subject to a fine as set forth in subparagraph (b).

"(b) First offenders shall be subject to a fine of 5500 and court costs. Second and additional offenses shall subject an offender to a fine of not less than $750 and not more than $3.000 plus court costs. Each individual advertisement found to be in violation of this act shall constitute a separate actionable offense.

"(c) Each day during which a violation continues after a judgment has been entered against an individual for violation of this section constitutes a separate offense.

"1100.8 This act may be enforced by a private plaintiff who brings an action for up to the jurisdictional limit in small claims court or who seeks injunctive relief in the Superior Court of the District of Columbia.

"1100.9 The Department of Health through the Addiction, Prevention and Recovery Administration ("Department") shall conduct random. unannounced inspection of retail outlets to monitor compliance with this act no less than semiannually. It shall not be a violation of this act for the Department to use individuals under 21 years of age to purchase alcoholic beverages for the purpose of monitoring compliance with this act, provided that the individuals are supervised by duly authorized Department officials. The results of these inspections shall be provided to the appropriate agency for enforcement action.

Sec. 4. Fiscal impact statement.

The Council adopts the fiscal impact statement in the committee report as the fiscal impact statement required by section 602(c)(3) of the District of Columbia Self-Government and Governmental Reorganization Act, approved December 24, 1973 (87 Stat. 813; D.C. Code §1-233(c)(3))

Sec. 5. Effective date.

This act shall take effect following approval by the Mayor (or in the event of veto by the Mayor, action by the Council to override the veto), approval by the Financial Responsibility and Management Assistance Authority as provided in section 203(a) of the District of Columbia Financial Responsibility and Management Assistance Act of 1995. approved April 17, 1995 ( 109 Stat. 1 16; D.C. Code §47-392.3(a)), and a 30-day period of Congressional review as provided in section 602(c)(1) of the District of Columbia Self-Government and Governmental Reorganization Act. approved December 24, 1973 (87 Stat. 813; D.C. Code §1-233(c)(1)), and publication in the District of Columbia Register.