2023 District of Columbia Code › Title 25 - Alcoholic Beverages. [Enacted title] › Chapter 8 - Enforcement, Infractions, and Penalties › Subchapter I - Enforcement › § 25–801. Authority of the Board to enforce this title; enforcement responsibilities of ABCA investigators and Metropolitan Police Department

§ 25–801. Authority of the Board to enforce this title; enforcement responsibilities of ABCA investigators and Metropolitan Police Department.
(a) The Board shall have the authority to enforce the provisions of this title with respect to licensees and with respect to any person not holding a license and selling alcohol in violation of the provisions of this title.
(b) Subject to subsection (c) of this section, ABCA investigators and the Metropolitan Police Department shall issue citations for civil violations of this title that are set forth in the schedule of civil penalties established under § 25-830.
(c) A citation for any violation for which the penalty includes the suspension of a license shall be issued under the direct authority of the Board as a result of an investigation carried out by ABCA investigators.
(d) Prosecutions for misdemeanors under this title shall be prosecuted and initiated by information filed in the Superior Court of the District of Columbia by the Attorney General for the District of Columbia. Prosecutions for felonies under this title shall be prosecuted by the United States Attorney for the District of Columbia.
(e) Violations committed by an unlicensed person selling alcohol in violation of the provisions of this title shall be forwarded by the Board to the Attorney General for the District of Columbia for prosecution.
(f) ABCA investigators may request and check the identification of a patron inside of or attempting to enter an establishment with an alcohol license. ABCA investigators may seize evidence that substantiates a violation under this title, which shall include seizing alcoholic beverages sold to minors and fake identification documents used by minors.
(g) ABCA investigators may seize a liquor license from an establishment if:
(1) The liquor license has been suspended, revoked, or cancelled by the Board;
(2) The business is no longer in existence; or
(3) The business has been closed by another District government agency.
(h) An ABCA investigator may request and check the identification of a person who has played, is playing, or is attempting to play a game of skill machine. An ABCA investigator may seize fake identification used by a person under 18 years of age and may seize such records related to a game of skill machine as the investigator considers appropriate to investigate the playing of a game of skill machine by a person under 18 years of age.
(May 3, 2001, D.C. Law 13-298, § 101, 48 DCR 2959; Sept. 30, 2004, D.C. Law 15-187, § 101(dd), 51 DCR 6525; May 2, 2015, D.C. Law 20-270, § 2(f)(1), 62 DCR 1866; Feb. 21, 2020, D.C. Law 23-52, § 2(f)(1), 67 DCR 21; Apr. 27, 2021, D.C. Law 23-280, § 8(e), 68 DCR 001156; Mar. 22, 2023, D.C. Law 24-332, § 5, 70 DCR 1582.)
Effect of Amendments
The 2015 amendment by D.C. Law 20-270 added (g).
Emergency Legislation
For temporary (90 days) amendment of this section, see § 3(e) of Revised Game of Skill Machines Consumer Protections Congressional Review Emergency Amendment Act of 2021 (D.C. Act 24-16, Feb. 26, 2021, 68 DCR 002559).
For temporary (90 days) amendment of this section, see § 3(e) of Revised Game of Skill Machines Consumer Protections Emergency Amendment Act of 2020 (D.C. Act 23-479, Oct. 1, 2020, 67 DCR 13284).
For temporary (90 days) amendment of this section, see § 2(e) of Games of Skill Consumer Protection Emergency Amendment Act of 2020 (D.C. Act 23-229, Feb. 27, 2020, 0 DCR 0).
Temporary Legislation
For temporary (225 days) amendment of this section, see § 3(e) of Revised Game of Skill Machines Consumer Protections Temporary Amendment Act of 2020 (D.C. Law 23-257, Mar. 16, 2021, 67 DCR 13932).
For temporary (225 days) amendment of this section, see § 2(e) of Games of Skill Consumer Protection Temporary Amendment Act of 2020 (D.C. Law 23-93, May 6, 2020, 67 DCR 3522).