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Full Text of Draft Bill in DC Youth Club Ban

Written by Alex Koroknay-Palicz Apr 19, 2007

A BILL

___________

IN THE COUNCIL OF THE DISTRICT OF COLUMBIA

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To amend Title 25 of the District of Columbia Official Code to prevent the entrance of persons under the age of 18 into alcoholic beverage control licensed nightclubs, or into licensed establishments with entertainment endorsements during curfew hours, with certain exceptions, including accompaniment by a parent or legal guardian; to allow certain nightclubs and licensees with entertainment endorsements to apply for underage endorsement, to include a written security plan with specific requirements; to establish grounds for denial, suspension or revocation for two primary tier violations; to clarify that licensees shall maintain ownership and control of a venue, including responsibility for security, when renting or providing a venue to promoters or for special events; and to allow licensees to hire individual off-duty officers directly.

BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this act may be cited as the “Taleshia Ford Memorial Amendment Act of 2007”.

Sec. 2. Title 25 of the District of Columbia Official Code is amended as follows:

(a) Section 25-782 is amended as follows:

(1) A new subsection (a)(1) is added to read as follows:

“(a)(1)(A) No licensee under an on-premises retailer’s license, class CN or DN shall permit a person under 18 years of age to enter the licensed establishment.

“(B)(i) No licensee with an entertainment endorsement, shall permit a person under 18 years of age to enter or remain in the licensed establishment from 11:00 p.m. on any Sunday, Monday, Tuesday, Wednesday, or Thursday, until 6:00 a.m. on the following day, and from 12:01 a.m. until 6:00 a.m. on any Saturday or Sunday.

(ii) During the months of July and August, the restriction shall be from 12:01 a.m. until 6:00 a.m, Monday through Sunday.

(C) This subsection shall not apply if the establishment receives underage endorsement, pursuant to subparagraph (D) of this paragraph; or if the person under 18 years of age is:

(i) Accompanied by a parent or legal guardian;

(ii) Involved in an emergency;

(iii) A paid employee of the licensee;

(iv) A person providing entertainment, with or without remuneration;

(v) Working with a government agency as part of a licensee compliance check; or

(vi) Attending a social gathering where alcoholic beverages are neither sold nor served at the licensed establishment. A social gathering for persons under 21 years of age shall only be held after all alcoholic beverages have been secured and written notice has been provided by the licensed establishment at least seventy-two hours in advance to both MPD and ABRA.

(D) A licensee, other than an establishment that permits nude dancing, may submit an application for “underage endorsement”, for review and approval by the Board. An initial application may be submitted at any time. Thereafter, underage endorsement shall be placed on the applicant’s license and subject to renewal with the license. Such application shall include:

(i) The specific age category to be admitted;

(ii) A written security plan which shall include at least the following elements:

aa. A statement on the type of security training provided for, and completed by, establishment personnel, including conflict resolution training; procedures for handling violent incidents, other emergencies, and calling MPD and ABRA inspectors; and procedures for crowd control and preventing overcrowding;

bb. The establishment’s identification checking and patron search procedures; and

cc. Procedures for ensuring that only persons 21 years or older are served alcohol.

(iii) In determining whether an application is adequate for approval, the Board may consider:

aa. The licensee/applicant’s incident record; and

bb. The type of programming to be presented at the licensee establishment.

“(E) Two “tier-one” violations within a two-year period, or a pattern of violent incidents related to the operation of the establishment, will be grounds for denial, suspension, or revocation of “underage endorsement”.

“(F) Notwithstanding this subsection, the holder of a class CN or DN retailers license, or the holder of a any retailer’s license with an entertainment endorsement, may submit an application pursuant to paragraph (D) of this subsection for a one-day underage endorsement. The application may be submitted as soon as possible but no less than 10 calendar days prior to the event. If the application is not submitted within 10 calendar days prior to the event, the Board shall not accept the application. The Board has no authority to grant such a request more than six (6) times in a calendar year.”. (2) Subsection (b) is amended by striking the phrase “violating subsection (a)” and inserting the phrase “violating subsection (a) or (a)(1)” in its place.

(3) A new subsection (f) is added to read as follows:

“(f) A violation of either subsection (a) or (a)(1) shall constitute a primary tier violation under Section 25-830(c)(1).”.

(b) A new section 25-797 is added to read as follows:

Ҥ 25-797. Limitation on Transfer of Responsibility for Licensee Security

“(a) The holder of an on-premises retailer’s license may rent out or provide the licensed establishment for use by a third party or promoter for a specific event provided that the licensee maintains ownership and control of the licensed establishment for the duration of the event, including modes of ingress or egress, and the staff of the establishment, including bar and security staff.

“(b) Under no circumstances shall a licensee permit the third party or promoter to be responsible for providing security or maintain control over the establishment’s existing security personnel.

(c) A violation of this section shall constitute a primary tier violation under Section 25-830(c)(1).”.

(c) Section 25-1002 is amended by adding a new paragraphs (b)(4) and (5) to read as follows:

“(4)(A) A licensee may, without force or violence, confiscate any identification that it has reason to believe is a fraudulent identification document presented for the purpose of entering a licensee establishment or purchasing alcoholic beverages.

(B) The licensee shall submit the identification so confiscated to a law-enforcement officer at the police district in which the establishment is located within forty-eight hours of its confiscation.

(C) A law enforcement officer shall provide the licensee a receipt for each identification received pursuant to subparagraph (B) of this paragraph.

(D) A licensee shall not be liable for any civil damages for confiscation of identification under this paragraph other than personal injury, unless it is proven the licensee acted in bad faith or maliciously.

“(5)(A) The processing fee for the filing of an underage endorsement application, including a one-day permission, shall be one hundred and fifty dollars ($150). The initial and annual fee for an underage endorsement shall be three hundred ($300), to be charged in addition to underlying license fees and the processing fee of an underage endorsement application. The Board shall establish an appropriate fee for a one-day underage endorsement.

(d) Section 25-1002(c)(4)(D) is amended to read as follows:

“(D)(i) No person under the age of 21 shall be criminally charged with the offense of possession or drinking an alcoholic beverage under this section, unless it is alleged that the crime occurred within a licensee establishment, but shall be subject to civil penalties under subsection (e) of this section.

“(ii) Notwithstanding the provisions of subparagraph (A) of this paragraph, but subject to the provisions of subparagraphs (B) and (C) of this paragraph, whenever any person has attained the age of 21, or whenever all juvenile court proceedings relating to that person have been terminated, whichever is later, any person who was arrested for, or criminally charged by information with, any offense under this section when under the age of 21 may petition the court for an order completely expunging from the official records all records relating to the arrest, information, trial, conviction, or dismissal of the person.

“(iii) Notwithstanding the provisions of this paragraph, all records relating to the arrest, information, trial, conviction, or dismissal of the person, shall be completely expunged upon the person’s satisfactory completion of a diversion program established by the Mayor, or when the person reaches 21 years of age, whichever first occurs.”.

(e) Section 25-798(b) is amended by adding a new paragraph (f) to read as follows:

“(f)(i) Notwithstanding any provision in this subchapter, a licensee or licensees, independently or in a group, may directly hire an individual, off-duty MPD officer to patrol the surrounding area of an establishment for the purpose of maintaining public safety, including the remediation of traffic congestion and the safety of public patrons, during their approach and departure from the establishment.

“(ii) An officer hired pursuant to this paragraph shall not enter or remain inside a licensee establishment unless the officer is responding to a call of alleged criminal activity within the establishment.”.

Sec. 3. Fiscal impact statement.

The Council adopts the fiscal impact statement provided by the Chief Financial Officer as the fiscal impact statement required by section 602 (c)(3) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 813; D.C. Official Code § 1-206.02 (c) (3)).

Sec. 4. 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), and shall remain in effect for no longer than 90 days, as provided for emergency acts of the Council of the District of Columbia in section 412(a) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 788; D.C. Official Code § 1-204.12(a)).

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