Bill Summary – FastDemocracy

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                                             A BILL

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                                              24-301

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                    IN THE COUNCIL OF THE DISTRICT OF COLUMBIA

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 To amend the Advisory Neighborhood Commissions Act of 1975 to transfer

       responsibility for the Mayor to provide certain notices to Advisory Neighborhood

       Commissions, from Chapter 28 of Title 47 to the Advisory Neighborhood

       Commissions Act of 1975; to amend the Sustainable Solid Waste Management

       Amendment Act of 2014 to transfer responsibility for a person or entity granted a

       basic business license for a special event to provide infrastructure onsite for the

       separation and recycling of recyclable waste and to prohibit the issuance of

       license shall to any waste tire generator that fails to provide the Mayor with

       certain information concerning waste tires at the site, from Chapter 28 of Title 47

       to the Sustainable Solid Waste Management Amendment Act of 2014; to amend

       the Drug-Related Nuisance Abatement Act of 1998 to transfer responsibility for

       the Mayor to suspend or revoke licenses of a licensee who knowingly has

       permitted on the licensed premises certain offenses related to controlled

       substances, drug paraphernalia, an act of prostitution, and consumption of

       marijuana in public space, from Chapter 28 of Title 47 to the Drug-Related

       Nuisance Abatement Act of 1998; to amend Chapter 28 of Title 47 to reduce the

       number of basic business license categories and thereby simplify the licensing

       process, to lower initial license fees, to allow for an exemption from fees for

       businesses with under $10,000 in annual revenue, to establish a progressive fee

       structure based on revenue, to set-up a clearer process for business licensing by

       removing outdated and duplicative requirements, and to allow DCRA flexibility

       to implement policies and procedures as necessary to serve better the Districts

       business community; to amend the Department of For-Hire Vehicles

       Establishment Act of 1985 to transfer responsibility certain licensing and other

       requirements, from Chapter 28 of Title 47 to the Department of For-Hire Vehicles

       Establishment Act of 1985; and to transfer the establishment of the MPD

       Overtime Reimbursement Fund, from Chapter 28 of Title 47 to a freestanding bill.

        BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this

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 act may be cited as the Business and Entrepreneurship Support to Thrive Amendment Act of

 2021.

          Sec. 2. Section 13 of the Advisory Neighborhood Commissions Act of 1975, effective

 October 10, 1975 (D.C. Law 1-21; D.C. Official Code  1-309.10), is amended by adding a new

 subsection (q) to read as follows:

          (q)(1)(A) If an objection to the granting of a license or a license renewal for a theater,

 cinema, skating rink, dance hall, exhibition, lecture, or other entertainment is filed by a resident

 or owner of a residential property within 600 feet of the boundary lines of the lot upon which is

 situated the establishment for which the license is requested, no final action shall be taken by the

 Mayor until the resident or owner has an opportunity to be heard, under the rules and regulations

 to be issued by the Mayor.

                         (B) Upon such objection, a hearing shall be held by the Mayor to

 determine the following:

                                 (i) The effect of the establishment on the peace, order, and quiet

 of the neighborhood or portion of the District of Columbia; and

                                 (ii) The effect of the establishment on the residential parking

 needs and vehicular and pedestrian safety of the neighborhood.

                         (C) The Mayor shall rule on the application within 30 days of the

 hearing.

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                        (D) Any applicant who holds a valid class C or D license issued pursuant

 to Chapter 1 of Title 25 of the D.C. Official Code shall be exempt from the provisions of

 paragraph (1) of this subsection..

                (2) Once a hearing is scheduled pursuant to paragraph (1) of this subsection, the

 Mayor shall give 30-days notice by mail to the Advisory Neighborhood Commission in which

 the theater, cinema, skating rink, dance hall, exhibition, lecture, or other entertainment licensee

 proposes to be located. The notice shall:

                        (A) Contain the name of the applicant and a description, by street and

 number, or other plain designation, of the particular location for which the license is requested;

 and

                        (B) State that any resident or owner of residential property within 600

 feet of the boundary lines of the lot upon which is situated the establishment for which the

 license is requested who objects to the granting of the license is entitled to be heard before the

 granting of the license and the notice shall name the time and place of the hearing.

                (3) Once a hearing is scheduled pursuant to paragraph (1) of this subsection, the

 applicant shall post 2 notices for a period of 4 weeks in conspicuous places on the outside of the

 premises. The notices shall:

                        (A) State that any resident or owner of residential property within 600

 feet of the boundary lines of the lot upon which is situated the establishment for which the

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 license is requested who objects to the license is entitled to be heard before the granting of the

 license; and

                           (B) State the same time and place for the hearing as set out in the notice

 mailed and published by the Mayor.

        Sec. 3. The Sustainable Solid Waste Management Amendment Act of 2014, effective

 February 26, 2015 (D.C. Law 20-154; D.C. Official Code  8-1031.01 et seq.), is amended as

 follows:

        (a) Section 103 (D.C. Official Code  8-1031.03) is amended by adding a new subsection

 (g) to read as follows:

        (g)(1) A person or entity granted a basic business license for a special event for which

 100 or more attendees are anticipated, shall provide infrastructure onsite for the separation and

 recycling of recyclable waste generated at the event.

                (2) A license holder who violates paragraph (1) of this subsection shall be

 subject to a fine of up to $ 5,000 per day.

        (b) A new section 103c is added to read as follows.

        Sec. 103c. Collection, storage, and processing of waste tires.

        (a) No license shall be issued to any waste tire generator that fails to provide the Mayor

 with information concerning the sites location, size, and the approximate number of waste tires

 that have been accumulated at the site, which may not exceed 500.

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        (b)(1) The Mayor, pursuant to subchapter I of Chapter 2 of Title 5, section 2-501 et seq.,

 shall issue rules pertaining to the collection and storage of waste tires, which shall include:

                        (A) A prohibition on outdoor storage of waste tires;

                        (B) Methods of collection, storage, and processing of waste tires; and

                        (C) Record-keeping procedures for waste tire generators.

                (2) The methods of collection, storage, and processing of waste tires shall

 consider the general location of waste tires being stored with regard to property boundaries and

 buildings, pest control, accessibility by firefighting equipment, and other considerations as they

 relate to public health and safety.

                (3) The record-keeping procedures for waste tire generators shall include the

 source and number or weight of tires received and the destination and number of tires or weight

 of tires or tire pieces shipped or otherwise disposed of. The records shall be maintained for at

 least 3 years following the end of the calendar year of such activity. Record keeping shall not be

 required for any charitable, fraternal, or other type of nonprofit organization or association that

 conducts programs that result in the voluntary cleanup of land or water resources, or collection

 for disposal of waste tires.

        (c) For the purposes of this section, the term:

                (1) Waste tire means any automobile, motorcycle, heavy equipment, or truck

 tire stored or offered for sale by a waste tire generator or otherwise retained by a waste tire

 generator after having replaced a customers tire with a new or used tire.

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                 (2) Waste tire generator means any person who buys, sells, or stores new or

 used tires for use on automobiles, motorcycles, heavy equipment, or trucks and which retains any

 of the customers used tires after replacement..

        Sec. 4. The Drug-Related Nuisance Abatement Act of 1998, effective March 26, 1999

 (D.C. Law 12-194; D.C. Official Code  42-3101 et seq.), is amended by adding a new section

 15a to read as follows:

        Sec. 15a. Suspension or revocation of licenses.

        (a)(1) In accordance with section 109 of the District of Columbia Administrative

 Procedure Act, approved October 21, 1968 (82 Stat. 1208; D.C. Official  2-509), the Mayor

 shall revoke the license of any licensee who knowingly has permitted on the licensed premises:

                        (A) The illegal sale, negotiation for sale, or use of any controlled

 substance as that term is defined in the District of Columbia Uniform Controlled Substances Act

 of 1981, effective August 5, 1981 (D.C. Law 4-29; D.C. Official Code  48-901.01 et seq.), or

 the Controlled Substances Act of 1970, approved October 27, 1970 (84 Stat. 1243; 21 U.S.C. 

 801 et seq.);

                        (B) The possession, other than for personal use, sale, or negotiation for

 sale of drug paraphernalia in violation of the Drug Paraphernalia Act of 1982, effective

 September 17, 1982 (D.C. Law 4-149; D.C. Official Code  48-1101 et seq.);

                        (C) An act of prostitution as defined in section 2(3) of the Control of

 Prostitution and Sale of Controlled Substances in Public Places Criminal Control Act of 1981,

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 effective December 10, 1981 (D.C. Law 4-57; D.C. Official Code  22-2701.01(3)), or any act

 that violates any provision of sections 1 through 12 of An Act For the Suppression of prostitution

 in the District of Columbia, approved August 15, 1935 (49 Stat. 651; D.C. Official Code  22-

 2701 through 22-2712); or

                        (D) Conduct that violates section 301(a) of the Marijuana Possession

 Decriminalization Amendment Act of 2014, effective July 17, 2014 (D.C. Law 20-126; D.C.

 Official Code 48-911.01(a)). In addition, the Mayor shall revoke any certificate of occupancy or

 permit associated with the specific address or unit, whichever is more specific, of the holder of a

 certificate of occupancy or permit who knowingly permits a violation of section 301(a) of the

 Marijuana Possession Decriminalization Amendment Act of 2014, effective July 17, 2014 (D.C.

 Law 20-126; D.C. Official Code  48-911.01(a)), to occur at the specific address or unit

 identified in the certificate of occupancy or permit.

                (2) The Mayor, by rule, shall establish costs and fines to cover revocation of any

 license revoked pursuant to paragraph (1) of this subsection.

        (b)(1) In addition to the provisions of subsection (a) of this section and paragraph (2) of

 this subsection, the Mayor, notwithstanding section 104(a)(1) of the Department of Consumer

 and Regulatory Affairs Civil Infractions Act of 1985, effective October 5, 1985 (D.C. Law 6-42;

 D.C. Official Code 2-1801.04(a)(1)), may take the following actions against any licensee, or

 agent or employee of a licensee, that, with or without the appropriate license required under this

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 chapter, engages in the purchase, sale, exchange, or any other form of commercial transaction

 involving used goods or merchandise that are knowingly stolen:

                        (A) The Mayor, for the first violation of this paragraph:

                                (i) Shall issue a fine in the amount of $2,500; and

                                (ii) May seal the licensees premises for up to 96 hours without a

 prior hearing.

                        (B) The Mayor, for the second violation of this paragraph:

                                (i) Shall issue a fine in the amount of $5,000;

                                (ii) May seal the licensees premises for up to 96 hours without a

 prior hearing; and

                                (iii)(I) Shall, within 30 days of the issuance of a fine, require the

 licensee to submit a remediation plan approved by the Mayor, in consultation with the Chief of

 Police, that contains the licensees plan to prevent any future recurrence of purchasing, selling,

 exchanging, or otherwise transacting stolen goods and acknowledgment that a subsequent

 occurrence of engaging in prohibited activities may result in the revocation of all licenses issued

 to the licensee pursuant to Chapter 28 of Title 47 of the District of Columbia Official Code.

                                        (II) If the licensee fails to submit a remediation plan in

 accordance with this sub-subparagraph, or if the Mayor rejects the licensees remediation plan,

 the Mayor shall provide written notice to the licensee of the Mayors intent to suspend all

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 licenses issued to the licensee pursuant to Chapter 28 of Title 47 of the District of Columbia

 Official Code for an additional 30 days.

                        (C) The Mayor, for the third violation of this paragraph:

                                (i) Shall issue a fine in the amount of $10,000;

                                (ii) May seal the licensees premises for up to 96 hours without a

 prior hearing; and

                                (iii) Shall provide written notice to the licensee of the Mayors

 intent to permanently revoke all licenses issued to the licensee pursuant to Chapter 28 of Title 47

 of the District of Columbia Official Code.

                (2) In addition to the provisions of subsection (a) of this section and paragraph

 (1) of this subsection, the Mayor or the Chief of Police, notwithstanding section 104(a)(1) of the

 Department of Consumer and Regulatory Affairs Civil Infractions Act of 1985, effective October

 5, 1985 (D.C. Law 6-42; D.C. Official Code  2-1801.04(a)(1)), may take the following actions

 against, or impose the following requirements upon, any licensee, or agent or employee of a

 licensee, that knowingly engages or attempts to engage in the purchase, sale, exchange, or any

 other form of commercial transaction involving a synthetic drug, including the possession of

 multiple units of a synthetic drug:

                        (A) For the first violation of this paragraph:

                                (i) The Mayor shall issue a fine in the amount of $10,000;

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                                (ii) The Mayor may issue a notice to revoke all licenses issued to

 the licensee pursuant to Chapter 28 of Title 47 of the District of Columbia Official Code; and

                                (iii)(I) The Chief of Police, after a determination by the Mayor in

 accordance with section 106(a) of the Department of Consumer and Regulatory Affairs Civil

 Infractions Act of 1985, effective March 8, 1991 (D.C. Law 8-237; D.C. Official Code  2-

 1801.06(a)), shall seal the licensees premises, or a portion of the premises, for up to 96 hours

 without a prior hearing;

                                       (II) Within 14 days after a licensees premises is sealed

 under sub-sub-subparagraph (I) of this sub-subparagraph, the Mayor shall require the licensee to

 submit a remediation plan to the Director of the Department of Licensing and Consumer

 Protection that contains the licensees plan to prevent any future recurrence of purchasing,

 selling, exchanging, or otherwise transacting any synthetic drug and acknowledgment that a

 subsequent occurrence of engaging in prohibited activities may result in the revocation of all

 licenses issued to the licensee pursuant to Chapter 28 of Title 47 of the District of Columbia

 Official Code.

                                       (III) If the licensee fails to submit a remediation plan in

 accordance with this sub-subparagraph, or if the Mayor, in consultation with the Chief of Police,

 rejects the licensees remediation plan, the Mayor shall provide written notice to the licensee of

 the defects in any rejected remediation plan and the Mayors intent to revoke all licenses issued

 to the licensee pursuant to Chapter 28 of Title 47 of the District of Columbia Official Code.

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                                       (IV) If the licensee cures the defects in a rejected

 remediation plan, the Mayor may suspend any action to revoke any license of the licensee issued

 pursuant to Chapter 28 of Title 47 of the District of Columbia Official Code.

                                       (V) The Mayor shall notify the Office of the Attorney

 General upon sealing a licensees premises or a portion of the premises.

                        (B) For any subsequent violation of this paragraph:

                                (i) The Mayor shall issue a fine in the amount of $20,000; and

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