D.C. Mun. Regs. tit. 23, r. 23-502

Current through Register Vol. 71, No. 44, November 1, 2024

Rule 23-502 - POLICE CLEARANCE

502.1

Each individual applicant for a license under this title and each manager of a licensed business who sells, gives, furnishes, or distributes any alcoholic beverage shall obtain a police clearance from the Metropolitan Police Department.

502.2

Each individual applicant's police clearance shall become a part of the license application.

502.3

Each individual partner of a partnership, the president, vice president, and treasurer of a corporation and the managers of a limited liability company shall be required to comply with the provisions of this section.

502.4

Each stockholder, limited partner, or member of a limited liability company holding directly or indirectly ten percent (10%) or more of the stock of a corporation, partnership, or limited liability company shall be required to comply with the provisions of this section.

502.5

Any of the persons named under §§ 502.1, 502.3, and 502.4 who are not residents of the District of Columbia shall obtain a police clearance from the Metropolitan Police Department and from a comparable authority from the state in which they reside.

502.6

The failure to provide a police clearance as provided in this subsection shall not be grounds for refusal of the application for processing so long as the applicant provides evidence that the applicant requested clearance from the appropriate authority.

502.7

The requested clearance for all licenses, except for Temporary licenses, shall be filed with the Board within 90 days of the filing of the application. If the requested clearance is not filed with the Board within 90 days the application shall be rejected.

502.8

An applicant who is not a District resident and is having difficulty or is unable to obtain a police clearance from a comparable authority from the state in which they reside due to the COVID-19 emergency may allow ABRA to conduct a national criminal background check to satisfy the out-of-state police clearance requirement set forth in § 502.5. Prior to conducting the criminal background check, ABRA shall:

(a) Inform the applicant that a national criminal background check will be conducted; and

(b) Obtain written approval from the applicant to conduct a national criminal background check.

D.C. Mun. Regs. tit. 23, r. 23-502

Final Rulemaking published at 51 DCR 4309 (April 30, 2004); as amended by Final Rulemaking published at 55 DCR 12991 (December 26, 2008); amended by Final Rulemaking published at 67 DCR 14482 (12/11/2020)