Code of the District of Columbia

§ 36–641.03. Game of skill machine license requirements; prohibition.

(a) No person may carry out a function of a manufacturer, distributor, or retailer after March 31, 2021, unless the person has obtained the applicable license or licenses required by this subchapter, or by rules issued pursuant to this subchapter.

(b)(1) The Office shall issue the following categories of game of skill machine licenses:

(A) Manufacturer;

(B) Distributor; and

(C) Retailer.

(2) The Office shall not grant a license listed in paragraph (1) of this subsection until it has determined that each person that possesses 10% or greater beneficial or proprietary interest in the applicant has been approved for licensure in accordance with this subchapter and rules issued pursuant to this subchapter; provided, that the Office shall not be required to make such a determination with respect to a person that is an institutional investor unless the institutional investor possesses 25% or greater beneficial or proprietary interest in the applicant.

(c)(1) An applicant for an initial manufacturer or distributor license shall be subject to District and national criminal history background checks.

(2) The applicant shall submit an application to the Office, in a form determined by the Office, for fingerprints for a national criminal records check by the Metropolitan Police Department and the Federal Bureau of Investigation of all individuals required to be named in the application and a signed authorization of each individual submitting fingerprints for the release of information by the Metropolitan Police Department and the Federal Bureau of Investigation.

(3) In the case of an application for license renewal, the Office may require additional background checks.

(d) The Office shall require proof of good standing pursuant to D.C. Official Code § 29-102.08 of an applicant for a license pursuant to this subchapter and may, in addition, require certification that the Citywide Clean Hands Database indicates that the proposed licensee is current with its District taxes.

(e) Proprietary information, trade secrets, financial information, and personal information about a person in an application submitted to the Office pursuant to this subchapter shall not be a public record and shall not be made available under subchapter II of Chapter 5 of Title 2), or any other law.

(f)(1) A retailer shall display its license as required by § 36-641.10(e)) and shall make the license immediately available for inspection upon request by an employee of the Office, the Metropolitan Police Department, or ABRA.

(2) When present at a licensed establishment, an employee of a distributor shall carry a copy of its license and make it readily available for inspection by an employee of the Office, the Metropolitan Police Department, or ABRA.


(Mar. 10, 1981, D.C. Law 3-172, § 403; as added Apr. 27, 2021, D.C. Law 23-280, § 7(b), 68 DCR 001156.)

Emergency Legislation

For temporary (90 days) creation of this section, see § 2(b) 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) creation of this section, see § 2(b) of Revised Game of Skill Machines Consumer Protections Emergency Amendment Act of 2020 (D.C. Act 23-479, Oct. 1, 2020, 67 DCR 13284).

Temporary Legislation

For temporary (225 days) creation of this section, see § 2(b) of Revised Game of Skill Machines Consumer Protections Temporary Amendment Act of 2020 (D.C. Law 23-257, Mar. 16, 2021, 67 DCR 13932).