D.C. Mun. Regs. tit. 23, r. 23-2101

Current through Register Vol. 71, No. 44, November 1, 2024
Rule 23-2101 - FOOD SALES REQUIREMENT COMPLIANCE
2101.1

The Board shall monitor licensed establishments, class C/R, D/R, C/H, and D/H, for compliance with the food sales requirements set forth in D.C. Official Code §§ 25-101(43) and 25-113.

2101.2

The initial auditing period to monitor compliance shall be not less than one (1) quarter. The Board shall continue to monitor an establishment which is found not to be in compliance for a period of one (1) year.

2101.3

Substantial lack of compliance by the licensee under a license, class C/R, D/R, C/H, or D/H, for a single year shall result in sanctions and continued monitoring, and may be used as contributing evidence of non-compliance with Title 25 of the D.C. Official Code and this title in protests or other proceedings. Substantial lack of compliance during or more than a full year shall result in sanctions that may include revocation by the Board or change in license class, if permissible. The Board shall follow the show cause notice procedures prior to imposing any sanction against a licensee.

2101.4

Minimal lack of compliance by the licensee under a license, class C/R, D/R, C/H, or D/H, for a single year shall result in a show cause hearing with the Board imposing one or more of the penalties set forth in § 2101.5, excluding revocation. The Board may issue a warning and continue monitoring of an establishment with a minimal lack of compliance if the establishment was in compliance with the food sales requirements of D.C. Official Code §§ 25-101(43) and 25-113 for the majority of the year that the establishment was monitored. An establishment found by the Board to have a minimal lack of compliance for two (2) or more successive years shall be deemed to have a substantial lack of compliance with the food sales requirement.

2101.5

The Board may impose the following additional or alternative sanctions against an establishment which is in non-compliance with the minimum food sales requirements:

(a) Revocation of the establishment's entertainment endorsement, if any;
(b) A reduction in the establishment's operating hours;
(c) A fine based upon the primary tier fine schedule set forth in D.C. Official Code §§ 25-830(c) and 25-801;
(d) Revocation or suspension of the license; or
(e) Require a change in license class, if permissible.

D.C. Mun. Regs. tit. 23, r. 23-2101

As amended by D.C. ACT 15-442 published at 51 DCR 6525 (July 2, 2004); as amended by Final Rulemaking published at 55 DCR 12991 (December 26, 2008)