Code of the District of Columbia

Subchapter IV. Other Licenses.


Part A. Home Improvement Businesses.

§ 47–2883.01. Bonding of persons engaged in home improvement business; definitions.

The Council of the District of Columbia is authorized, in connection with the licensing of persons engaged in the home improvement business, whether as principal, agent, salesman, employee, or otherwise, to require the furnishing of bond as a condition to the issuance of such license. For the purposes of this part, the term “home improvement business” means the repair, remodeling, alteration, conversion, or modernization of, or addition to, residential property, all as may be more particularly defined in regulations promulgated by the Council. Such bonding may be required notwithstanding the fact that a person may also be subject to the bonding requirements of any other law.


(Sept. 6, 1960, 74 Stat. 815, Pub. L. 86-715, § 1; Sept. 26, 2012, D.C. Law 19-171, § 302, 59 DCR 6190.)

Prior Codifications

1981 Ed., § 2-501.

1973 Ed., § 2-2301.

Effect of Amendments

D.C. Law 19-171 enacted this subchapter into law.

Cross References

Regulation, modification, or elimination of license requirements, see § 47-2842.

Change in Government

This section originated at a time when local government powers were delegated to a Board of Commissioners of the District of Columbia (see Acts Relating to the Establishment of the District of Columbia and its Various Forms of Governmental Organization in Volume 1). Section 402(78) of Reorganization Plan No. 3 of 1967 (see Reorganization Plans in Volume 1) transferred all of the functions of the Board of Commissioners under this section to the District of Columbia Council, subject to the right of the Commissioner as provided in § 406 of the Plan. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 ( D.C. Code, § 1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act ( D.C. Code, § 1-207.14(a)), appropriate changes in terminology were made in this section.


§ 47–2883.02. Bond requirements.

(a) The Council of the District of Columbia may, from time to time, and in its discretion, establish classes and subclasses of persons licensed to engage in the home improvement business and specify the amount and conditions of the bond or other security acceptable to the Council to be deposited by each of the members of any such class or subclass. In connection with the licensing of persons to engage in the home improvement business, and the bonding of the members of any such class or subclass of such persons, the Council, in its discretion, may by regulation require applicants for licenses or licensees:

(1) To furnish and keep in force a bond or bonds running to the District, or other security acceptable to the Council, to protect members of the public against financial loss by reason of the failure of the licensee or of any officer, agent, employee, salesman, or other person acting on behalf of said licensee, to observe any law or regulation in force in the District of Columbia applicable to the licensee’s conduct of the licensed business;

(2) To procure and keep in force public liability insurance or property damage insurance, or both; and

(3) To appoint the Mayor as their true and lawful attorney upon whom all judicial and other process or legal notice directed to such person may be served.

(b) The bonds authorized by this section shall be corporate surety bonds in amounts to be fixed by the Council, but no bond shall exceed $25,000, and such bond shall be conditioned upon the observance by the licensee and any officer, agent, employee, salesman, or other person acting on behalf of said licensee, of all laws and regulations in force in the District applicable to the licensee’s conduct of the licensed business, for the benefit of any person who may suffer damages resulting from the violation of any such law or regulation by or on the part of such licensee or any officer, agent, employee, salesman, or other person acting on behalf of the licensee.

(c) Any person aggrieved by the violation of any law or regulation applicable to the licensee’s conduct of the licensed activity shall have, in addition to his right of action against such licensee, a right to bring suit against the surety on a bond authorized by this section, either alone or jointly with the principal thereon, and to recover in an amount not exceeding the penalty of the bond any damages sustained by reason of any act, transaction, or conduct of the licensee, or of any officer, agent, employee, salesman, or other person acting on behalf of said licensee, which is in violation of law or regulation in force in the District relating to the licensed activity. The provisions of the second, third, and fifth paragraphs of subsection (b) of § 1-301.01 shall be applicable to each bond authorized by this section as if it were the bond authorized by the first paragraph of such subsection (b) of § 1-301.01; provided, that nothing in this subsection shall be construed to impose upon the surety on any such bond a greater liability than the total amount thereof or the amount remaining unextinguished after any prior recovery or recoveries.


(Sept. 6, 1960, 74 Stat. 815, Pub. L. 86-715, § 2; Sept. 26, 2012, D.C. Law 19-171, § 302, 59 DCR 6190.)

Prior Codifications

1981 Ed., § 2-502.

1973 Ed., § 2-2302.

Effect of Amendments

D.C. Law 19-171 enacted this subchapter into law.

Change in Government

This section originated at a time when local government powers were delegated to a Board of Commissioners of the District of Columbia (see Acts Relating to the Establishment of the District of Columbia and its Various Forms of Governmental Organization in Volume 1). Section 402(79, 80) of Reorganization Plan No. 3 of 1967 (see Reorganization Plans in Volume 1) transferred all of the functions of the Board of Commissioners under this section to the District of Columbia Council, subject to the right of the Commissioner as provided in § 406 of the Plan. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 ( D.C. Code, § 1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act ( D.C. Code, § 1-207.14(a)), appropriate changes in terminology were made in this section.


§ 47–2883.03. Payment as defense to assertion of lien.

In any case in which a property owner or occupant has entered into a contract with a person offering to perform or to arrange for the performance of home improvement work, and such property owner or occupant makes payment for such work to the person offering to perform or arrange for the performance of the same, proof of such payment shall constitute a defense against, and render void, any lien sought to be asserted under the authority of subchapter I of Chapter 3 of Title 40, and § 40-303.01.


(Sept. 6, 1960, 74 Stat. 816, Pub. L. 86-715, § 3; Sept. 26, 2012, D.C. Law 19-171, § 302, 59 DCR 6190.)

Prior Codifications

1981 Ed., § 2-503.

1973 Ed., § 2-2303.

Effect of Amendments

D.C. Law 19-171 enacted this subchapter into law.


§ 47–2883.04. Penalty.

Any person who shall violate any provision of this part or of any regulation promulgated by the Mayor under the authority of this part shall be guilty of a misdemeanor and shall be punished by a fine not more than the amount set forth in [§ 22-3571.01] or by imprisonment for not more than 90 days, or both. Civil fines, penalties, and fees may be imposed as alternative sanctions for any infraction of the provisions of this part, or any rules or regulations issued under the authority of this part, pursuant to Chapter 18 of Title 2. Adjudication of any infraction of this part shall be pursuant to Chapter 18 of Title 2.


(Sept. 6, 1960, 74 Stat. 816, Pub. L. 86-715, § 4; Oct. 5, 1985, D.C. Law 6-42, § 433(a), 32 DCR 4450; Sept. 26, 2012, D.C. Law 19-171, § 302, 59 DCR 6190; June 11, 2013, D.C. Law 19-317, § 286(u), 60 DCR 2064.)

Prior Codifications

1981 Ed., § 2-504.

1973 Ed., § 2-2304.

Effect of Amendments

D.C. Law 19-171 enacted this subchapter into law.

The 2013 amendment by D.C. Law 19-317 substituted “not more than the amount set forth in [§ 22-3571.01]” for “not exceeding $300”.

Emergency Legislation

For temporary (90 days) amendment of this section, see § 286(u) of the Criminal Fine Proportionality Emergency Act of 2013 (D.C. Act 20-45, April 1, 2013, 60 DCR 5400, 20 DCSTAT 1300).

Editor's Notes

Applicability of D.C. Law 19-317: Section 401 of D.C. Law 19-317 provided that the act shall apply only to offenses committed on or after June 11, 2013.

Change in Government

This section originated at a time when local government powers were delegated to a Board of Commissioners of the District of Columbia (see Acts Relating to the Establishment of the District of Columbia and its Various Forms of Governmental Organization in Volume 1). Section 401 of Reorganization Plan No. 3 of 1967 (see Reorganization Plans in Volume 1) transferred all of the functions of the Board of Commissioners under this section to a single Commissioner. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 ( D.C. Code, § 1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act ( D.C. Code, § 1-207.14(a)), appropriate changes in terminology were made in this section.


§ 47–2883.05. Prosecutions to be conducted by Attorney General for the District of Columbia.

Prosecutions for violations of this part, or of the regulations made pursuant thereto, shall be conducted in the name of the District by the Attorney General for the District of Columbia or any of his assistants. As used in this part, the term “Attorney General for the District of Columbia” means the attorney for the District, by whatever title such attorney may be known, designated by the Mayor to perform the functions prescribed for the Attorney General for the District of Columbia in this part. Adjudication of civil infractions shall be pursuant to Chapter 18 of Title 2.


(Sept. 6, 1960, 74 Stat. 816, Pub. L. 86-715, § 5; Oct. 5, 1985, D.C. Law 6-42, § 433(b), 32 DCR 4450; Apr. 13, 2005, D.C. Law 15-354, § 74, 52 DCR 2638; Sept. 26, 2012, D.C. Law 19-171, § 302, 59 DCR 6190.)

Prior Codifications

1981 Ed., § 2-505.

1973 Ed., § 2-2305.

Effect of Amendments

D.C. Law 15-354 substituted “Attorney General for the District of Columbia” for “Corporation Counsel”.

D.C. Law 19-171 enacted this subchapter into law.

Change in Government

This section originated at a time when local government powers were delegated to a Board of Commissioners of the District of Columbia (see Acts Relating to the Establishment of the District of Columbia and its Various Forms of Governmental Organization in Volume 1). Section 401 of Reorganization Plan No. 3 of 1967 (see Reorganization Plans in Volume 1) transferred all of the functions of the Board of Commissioners under this section to a single Commissioner. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 ( D.C. Code, § 1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act ( D.C. Code, § 1-207.14(a)), appropriate changes in terminology were made in this section.


§ 47–2883.06. Authority and power of Mayor deemed supplementary.

The authority and power vested in the Mayor by any provision of this part shall be deemed to be additional and supplementary to authority and power now vested in him, and not as a limitation.


(Sept. 6, 1960, 74 Stat. 816, Pub. L. 86-715, § 6; Sept. 26, 2012, D.C. Law 19-171, § 302, 59 DCR 6190.)

Prior Codifications

1981 Ed., § 2-506.

1973 Ed., § 2-2306.

Effect of Amendments

D.C. Law 19-171 enacted this subchapter into law.

Change in Government

This section originated at a time when local government powers were delegated to a Board of Commissioners of the District of Columbia (see Acts Relating to the Establishment of the District of Columbia and its Various Forms of Governmental Organization in Volume 1). Section 401 of Reorganization Plan No. 3 of 1967 (see Reorganization Plans in Volume 1) transferred all of the functions of the Board of Commissioners under this section to a single Commissioner. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 ( D.C. Code, § 1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act ( D.C. Code, § 1-207.14(a)), appropriate changes in terminology were made in this section.


§ 47–2883.07. Severability.

If any provision of this part or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or the application of this part which can be effected without the invalid provision or application, and to this end the provisions of this part are severable.


(Sept. 6, 1960, 74 Stat. 816, Pub. L. 86-715, § 7; Sept. 26, 2012, D.C. Law 19-171, § 302, 59 DCR 6190.)

Prior Codifications

1981 Ed., § 2-507.

1973 Ed., § 2-2307.

Effect of Amendments

D.C. Law 19-171 enacted this subchapter into law.


Part B. Pawnbrokers.

§ 47–2884.01. Definitions.

As used in this part:

(1) The term “person” means an individual, firm, voluntary association, joint-stock company, incorporated society, or corporation.

(2) The term “District” means the District of Columbia.

(3) The term “Mayor” means the Mayor of the District or the agent or agents designated by him to perform any function vested in the Mayor by this part; provided, that for the purposes of subsection (e) of § 47-2884.07 no such agent shall, by way of appeal, review his own action, decision, or ruling.

(4) The term “pawnbroker” means any person who shall in any manner lend or advance money or other things for profit on pledge and possession of personal property or other valuable thing, other than securities or written or printed evidences of indebtedness or who deals in the purchasing of personal property or other valuable thing on condition of selling the same back again at a stipulated price, and shall include all pawnbrokers referred to in §§ 5-117.01, 5-117.02, and 5-117.03.


(Aug. 6, 1956, 70 Stat. 1036, ch. 970, § 1; Sept. 26, 2012, D.C. Law 19-171, § 302, 59 DCR 6190.)

Prior Codifications

1981 Ed., § 2-1901.

1973 Ed., § 2-2001.

Effect of Amendments

D.C. Law 19-171 enacted this subchapter into law.

Change in Government

This section originated at a time when local government powers were delegated to a Board of Commissioners of the District of Columbia (see Acts Relating to the Establishment of the District of Columbia and its Various Forms of Governmental Organization in Volume 1). Section 401 of Reorganization Plan No. 3 of 1967 (see Reorganization Plans in Volume 1) transferred all of the functions of the Board of Commissioners under this section to a single Commissioner. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 ( D.C. Code, § 1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act ( D.C. Code, § 1-207.14(a)), appropriate changes in terminology were made in this section.


§ 47–2884.02. License required; display of sign or emblem.

(a) No person shall engage in business as a pawnbroker except as authorized in this part and without first obtaining a license from the Mayor as hereinafter provided.

(b) No person, other than a licensee under this part, shall display any sign or other device in or about any business premises, or in any advertising matter, which in any manner resembles the emblem or sign commonly used by pawnbrokers nor display any sign which is calculated to deceive, nor use the word ‘pawnbroker’ in or about any business premises or in any advertising matter, nor shall any such person hold himself out to the public to be a pawnbroker either by advertising, soliciting, signs, or otherwise.


(Aug. 6, 1956, 70 Stat. 1036, ch. 970, § 2; Sept. 26, 2012, D.C. Law 19-171, § 302, 59 DCR 6190.)

Prior Codifications

1981 Ed., § 2-1902.

1973 Ed., § 2-2002.

Effect of Amendments

D.C. Law 19-171 enacted this subchapter into law.

Change in Government

This section originated at a time when local government powers were delegated to a Board of Commissioners of the District of Columbia (see Acts Relating to the Establishment of the District of Columbia and its Various Forms of Government Organization in Volume 1). Section 401 of Reorganization Plan No. 3 of 1967 (see Reorganization Plans in Volume 1) transferred all of the functions of the Board of Commissioners under this section to a single Commissioner. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 ( D.C Code, § 1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act ( D.C. Code, § 1-207.14(a)), appropriate changes in terminology were made in this section.


§ 47–2884.03. Appointment of Mayor as attorney; application for license; cash capital; application fee; endorsement to master business license.

(a) No license shall be issued to any person unless and until such person shall, in writing and in the form prescribed by the Mayor, appoint the Mayor as his true and lawful attorney upon whom all judicial and other process or legal notice directed to such person may be served. A copy of any such process or notice so served upon the Mayor shall be forthwith sent by registered mail by the plaintiff or his attorney to the defendant at his residence or his place of business.

(b) Each application for a license under this part shall be in writing, under oath or affirmation, to the Mayor in such form as he may prescribe. Such application shall contain:

(1) In the case of an individual, his name and the address of his residence and place of business;

(2) In the case of a firm or voluntary association, the name and address of every member thereof and the address of the place where such business is to be conducted;

(3) In the case of a joint-stock company, incorporated society, or corporation, the names and addresses of the officers and directors thereof and the address of the place where such business is to be conducted; and

(4) Such additional information as the Council of the District of Columbia may prescribe.

(c) Each applicant shall prove to the satisfaction of the Mayor that he has available, for use in the business of making loans authorized by this part at the location specified in his application, cash capital of at least $20,000.

(d) Upon the filing of any such application the applicant shall pay to the Mayor the sum of $50 as a fee for investigating the application, which sum shall be retained by the District whether such application is approved or disapproved.

(e) Any license issued pursuant to this part shall be issued as an Inspected Sales and Services endorsement to a basic business license under the basic business license system as set forth in subchapter I-A of this chapter.

(f) No license shall be issued to any person unless:

(1) At least 30 days before the issuance of a license, all affected Advisory Neighborhood Commissions have been provided notice that a pawnbroker license application has been submitted to the Mayor; provided, that this paragraph shall not apply to applications for a renewal of a pawnbroker license; and

(2) The opinions of all affected Advisory Neighborhood Commissions have been accorded great weight during deliberations to approve or deny the license application.


(Aug. 6, 1956, 70 Stat. 1036, ch. 970, § 3; Apr. 20, 1999, D.C. Law 12-261,§ 2003(c), 46 DCR 3142; Oct. 28, 2003, D.C. Law 15-38, § 3(hh)(4)(Y), 50 DCR 6913; Mar. 12, 2011, D.C. Law 18-315, § 4(a), 57 DCR 12412; Sept. 26, 2012, D.C. Law 19-171, § 302, 59 DCR 6190; Dec. 24, 2013, D.C. Law 20-61, § 7158(a), 60 DCR 12472.)

Prior Codifications

1981 Ed., § 2-1903.

1973 Ed., § 2-2003.

Section References

This section is referenced in § 47-2884.05.

Effect of Amendments

D.C. Law 15-38, in subsec. (e), substituted “an Inspected Sales and Services endorsement to a basic business license under the basic” for “a Class A Inspected Sales and Services endorsement to a master business license under the master”.

D.C. Law 18-315 added subsec. (f).

D.C. Law 19-171 enacted this subchapter into law.

The 2013 amendment by D.C. Law 20-61 substituted “30 days before” for “30 days prior to” in (f)(1); and substituted “opinions” for “opinion” in (f)(2).

Emergency Legislation

For temporary (90 day) amendment of section, see § 3(hh)(4)(Y) of Streamlining Regulation Emergency Act of 2003 (D.C. Act 15-145, August 11, 2003, 50 DCR 6896).

For temporary (90 days) amendment of this section, see § 7158(a) of the Fiscal Year 2014 Budget Support Emergency Act of 2013 (D.C. Act 20-130, July 30, 2013, 60 DCR 11384, 20 DCSTAT 1827).

For temporary (90 days) amendment of this section, see § 7158(a) of the Fiscal Year 2014 Budget Support Congressional Review Emergency Act of 2013 (D.C. Act 20-204, October 17, 2013, 60 DCR 15341, 20 DCSTAT 2311).

Short Title

Section 7151 of D.C. Law 20-61 provided that Subtitle O of Title VII of the act may be cited as the “Tax Clarification Amendment Act of 2013”.

Editor's Notes

Applicability of D.C. Law 20-61: Section 11001 of D.C. Law 20-61 provided that, except as otherwise provided, the act shall apply as of October 1, 2013.

Change in Government

This section originated at a time when local government powers were delegated to a Board of Commissioners of the District of Columbia (see Acts Relating to the Establishment of the District of Columbia and its Various Forms of Governmental Organization in Volume 1). Section 402(70) of Reorganization Plan No. 3 of 1967 (see Reorganization Plans in Volume 1) transferred all of the functions of the Board of Commissioners under this section to the District of Columbia Council, subject to the right of the Commissioner as provided in § 406 of the Plan. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 ( D.C. Code, § 1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act ( D.C. Code, § 1-207.14(a)), appropriate changes in terminology were made in this section.


§ 47–2884.04. Bond.

(a) Each applicant shall file with his application a bond running to the District in the sum of $5,000 with 2 or more sufficient sureties, whose liability as such securities shall not exceed the said sum in the aggregate; except that the execution of any such bond by a fidelity or surety company authorized by the laws of the United States to transact business in the District shall be equivalent to the execution thereof by 2 sureties, but such company, if excepted to, shall justify in the manner required by law of fidelity and surety companies. Such bond shall be approved by the Mayor and conditioned upon the compliance by the applicant with all the provisions of this part and all rules and regulations lawfully made pursuant thereto. Any person injured by the noncompliance with any such provision, rule, or regulation by any licensee under this part may maintain a suit in his own name in any court of competent jurisdiction and recover on the bond such damages as shall be adjudged by such court together with costs of such suit. Recovery upon any such bond shall not preclude recovery against such licensee for any liability in excess of the amount recovered upon the bond, and such recovery shall not be held to extinguish any remedy under other law.

(b) The bond or bonds which the licensee is required to file hereunder shall be renewed and refiled annually at the time of making payment of the annual license fee. If the Mayor shall find that any such bond has for any reason become insecure or exhausted, an additional bond in the sum of not more than $5,000 shall be filed by the licensee within 10 days after written demand therefor by the Mayor.


(Aug. 6, 1956, 70 Stat. 1037, ch. 970, § 4; Sept. 26, 2012, D.C. Law 19-171, § 302, 59 DCR 6190.)

Prior Codifications

1981 Ed., § 2-1904.

1973 Ed., § 2-2004.

Effect of Amendments

D.C. Law 19-171 enacted this subchapter into law.

Change in Government

This section originated at a time when local government powers were delegated to a Board of Commissioners of the District of Columbia (see Acts Relating to the Establishment of the District of Columbia and its Various Forms of Governmental Organization in Volume 1). Section 401 of Reorganization Plan No. 3 of 1967 (see Reorganization Plans in Volume 1) transferred all of the functions of the Board of Commissioners under this section to a single Commissioner. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 ( D.C. Code, § 1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act ( D.C. Code, § 1-207.14(a)), appropriate changes in terminology were made in this section.


§ 47–2884.05. License—Issuance; fee; contents; display; transferability; change of place or business.

(a) If the Mayor approves the bond filed by the applicant and the form of the application, and finds after investigation: (1) that the financial responsibility, experience, character, and general fitness of such applicant, and of the members thereof if the applicant is a firm or voluntary association, and of the officers and directors thereof if the applicant is a joint-stock company, incorporated society, or corporation are such as to command the confidence of the community and to warrant the belief that the business of the applicant will be operated honestly, fairly, and efficiently in accordance with the purposes of this part; (2) that permitting such applicant to engage in such business will promote the convenience and advantage of the community; and (3) that the applicant has available for use in such business at the location specified in the application cash capital of at least $20,000, the Mayor shall, upon payment by the applicant of a license fee of $800, issue to the applicant a license to make such loans in accordance with the provisions of this part at the location specified in such application; except that if any such license is issued after the 30th day of April of any year the fee for such license shall be $250. If the Mayor does not so find after investigation he shall notify the applicant thereof and return the bond filed with the application. Within 60 days from the date of filing the application for license, accompanied by the investigation fee and bond required by this part, the Mayor shall either issue or refuse to issue such license, but no applicant shall be denied a license until after a due hearing by the Mayor, at which the applicant shall have a reasonable opportunity to be heard and to produce evidence in support of his application. If the application be denied, the Mayor shall within 20 days thereafter prepare a written decision and findings with respect thereto containing a summary of the evidence and the reasons supporting the denial and forthwith serve upon the applicant a copy thereof.

(b) Each license issued under this part shall state fully the name of the licensee and the place at which the business is to be conducted under such license. Such license shall be kept conspicuously posted in such place of business. No such license shall be transferable or assignable. Not more than 1 place of business shall be maintained under the same license, but the Mayor may issue more than 1 license to the same licensee upon compliance for each such license with all the provisions of this part applicable to the original issuance of licenses. Whenever a licensee shall desire to change his place of business to another location within the District he shall file an application for a new license in accordance with the provisions of § 47-2884.03.

(c) No licensee shall transact such business or make any loan provided for by this part under any other name or at any other place of business than that named in the license.


(Aug. 6, 1956, 70 Stat. 1037, ch. 970, § 5; Sept. 14, 1976, D.C. Law 1-82, title I, § 101(a), 23 DCR 2461; Mar. 12, 2011, D.C. Law 18-315, § 4(b), 57 DCR 12412; Sept. 26, 2012, D.C. Law 19-171, § 302, 59 DCR 6190; Dec. 24, 2013, D.C. Law 20-61, § 7158(b), 60 DCR 12472.)

Prior Codifications

1981 Ed., § 2-1905.

1973 Ed., § 2-2005.

Effect of Amendments

D.C. Law 18-315, in subsec. (b), substituted “file an application for a new license in accordance with the provisions of § 47-2884.03” for “immediately give written notice thereof to the Mayor. Upon receipt of such notice the Mayor shall attach to the license a statement of the change of location and the date thereof, which shall be authority for the operation of such business under such license at the new location.”

D.C. Law 19-171 enacted this subchapter into law.

The 2013 amendment by D.C. Law 20-61 purported to substitute “file an application for a new license in accordance with the provisions of § 47-2884.03” for “immediately give written notice thereof to the Mayor. Upon receipt of such notice the Mayor shall attach to the license a statement of the change of location and the date thereof, which shall be authority for the operation of such business under such license at the new location” in (b), a substitution that had already been made by D.C. Law 18-315.

Emergency Legislation

For temporary (90 day) amendment of section, see § 2(a) of Predatory Pawnbroker Regulation and Community Notification Emergency Act of 2010 (D.C. Act 18-385, April 29, 2010, 57 DCR 3838).

For temporary (90 days) amendment of this section, see § 7158(b) of the Fiscal Year 2014 Budget Support Emergency Act of 2013 (D.C. Act 20-130, July 30, 2013, 60 DCR 11384, 20 DCSTAT 1827).

For temporary (90 days) amendment of this section, see § 7158(b) of the Fiscal Year 2014 Budget Support Congressional Review Emergency Act of 2013 (D.C. Act 20-204, October 17, 2013, 60 DCR 15341, 20 DCSTAT 2311).

Temporary Legislation

Section 2(a) of D.C. Law 18-200 added subsec. (a-1) to read as follows:

“(a-1)(1) A license shall not be issued to an applicant unless:

“(A) At least 30 days prior to the issuance of a license, all Advisory Neighborhood Commissions in the ward where the pawnbroker will be located shall be provided notice that a pawnbroker license application has been submitted to the Mayor; and

“(B) All affected Advisory Neighborhood Commissions have been accorded great weight during deliberations to approve or deny the license application.

“(2) This subsection shall not apply to applications for licensure renewal submitted by any pawnbroker licensed in accordance with this part as of April 1, 2010.”.

Section 4(b) of D.C. Law 18-200 provided that the act shall expire after 225 days of its having taken effect.

Short Title

Section 7151 of D.C. Law 20-61 provided that Subtitle O of Title VII of the act may be cited as the “Tax Clarification Amendment Act of 2013”.

Editor's Notes

Applicability of D.C. Law 20-61: Section 11001 of D.C. Law 20-61 provided that, except as otherwise provided, the act shall apply as of October 1, 2013.

Change in Government

This section originated at a time when local government powers were delegated to a Board of Commissioners of the District of Columbia (see Acts Relating to the Establishment of the District of Columbia and its Various Forms of Governmental Organization in Volume 1). Section 401 of Reorganization Plan No. 3 of 1967 (see Reorganization Plans in Volume 1) transferred all of the Functions of the Board of Commissioners under this section to a single Commissioner. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 ( D.C. Code, § 1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act ( D.C. Code, § 1-207.14(a)), appropriate changes in terminology were made in this section.


§ 47–2884.06. License—Revocation; suspension; renewal; renewal fee; procedure; surrender.

(a) Each license shall remain in full force and effect until the 1st day of November following the date of issuance unless sooner surrendered by the licensee or suspended or revoked as hereinafter provided. Application for license for the following year may be made by any licensee within 20 days prior to the 1st day of November. If the Mayor is satisfied that no fact or condition then exists which clearly would warrant the Mayor in refusing to issue a license on an original application the Mayor is authorized to issue license for the year commencing on the 1st day of November following the date of such application, upon payment of license fee of $550.

(b) The Mayor shall, upon 10 days notice to the licensee stating that he contemplates the revocation or suspension of his license, and, in general, the grounds therefor, revoke or suspend such license, after reasonable opportunity has been afforded to the licensee to be heard, if the Mayor finds: (1) that the licensee has failed to maintain in effect the bond or bonds required under this part; or (2) that the licensee has either, knowingly or without the exercise of due care to prevent the same, violated any provision of this part or has failed to comply with any rule or regulation lawfully made pursuant thereto; or (3) that any fact or condition then exists which clearly would warrant the Mayor in refusing to issue a license on an original application. If the license be revoked or suspended the Mayor shall, within 20 days thereafter, prepare a written decision and findings with respect thereto containing a summary of the evidence and the reasons supporting the revocation or suspension and forthwith serve upon the licensee a copy thereof.

(c) The Mayor may revoke or suspend only the particular license with respect to which there are grounds for revocation or suspension, but if the Mayor finds that such grounds for revocation or suspension apply or extend to more than 1 license issued to any person under this part, he shall revoke or suspend all the licenses affected thereby.

(d) The licensee may at any time surrender any license issued to him under this part upon filing written notice to that effect with the Mayor.

(e) No revocation, suspension, or surrender of any such license shall impair or affect the obligation of any preexisting lawful contract between the licensee and any borrower, or any bond given by such licensee.


(Aug. 6, 1956, 70 Stat. 1038, ch. 970, § 6; Sept. 14, 1976, D.C. Law 1-82, title I, § 101(b), 23 DCR 2461; Sept. 26, 2012, D.C. Law 19-171, § 302, 59 DCR 6190.)

Prior Codifications

1981 Ed., § 2-1906.

1973 Ed., § 2-2006.

Effect of Amendments

D.C. Law 19-171 enacted this subchapter into law.

Cross References

Judicial review, see § 11-722.

Change in Government

This section originated at a time when local government powers were delegated to a Board of Commissioners of the District of Columbia (see Acts Relating to the Establishment of the District of Columbia and its Various Forms of Governmental Organization in Volume 1). Section 401 of Reorganization Plan No. 3 of 1967 (see Reorganization Plans in Volume 1) transferred all of the functions of the Board of Commissioners under this section to a single Commissioner. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 ( D.C. Code, § 1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act ( D.C. Code, § 1-207.14(a)), appropriate changes in terminology were made in this section.


§ 47–2884.07. License—Enforcement of part; annual report; records of licensee; appeal of action, decision, or ruling of Mayor.

(a) The provisions of this part shall be enforced by the Mayor, and the Council of the District of Columbia is authorized to make such rules and regulations in addition hereto and not inconsistent herewith, as may be necessary for the enforcement of this part. The Mayor shall make such examination and investigations of the affairs, business, office, and records of every licensee, and such further examinations or investigations as he shall deem necessary for the purpose of discovering violations of this part or of securing information necessary for its proper enforcement. For the purpose of making such examinations or investigations, the Mayor and his duly designated representatives shall have authority to require by subpoena the production of books, papers, and records and the attendance, and examination under oath, of all persons whomsoever whose testimony they may require relative to the loans or business of any such licensee, and shall have free access to the accounts, papers, records, files, safes, vaults, offices, and places of business used in connection with any business conducted under any license issued in accordance with this part. In the event of contumacy or refusal to obey any such subpoena or requirement under this section, the Mayor may make application to the Superior Court of the District of Columbia for an order requiring obedience thereto. Thereupon the Court, with or without notice and hearing, as it in its discretion may decide, may make such order as is proper and may punish as a contempt any failure to comply with such order.

(b) Each licensee shall annually, on or before the 15th day of March, file with the Mayor a report giving such information as the Mayor may require, relevant to the business and operations during the preceding calendar year of each licensed place of business conducted by such licensee in the District. Such report shall be made under oath and in the form prescribed by the Mayor. The Mayor shall make and publish annually an analysis and recapitulation of such reports.

(c) Each licensee shall keep and use in his business and shall preserve, for at least 3 years after making the final entry on any loan recorded therein, such books, accounts, records, or card systems as will enable the Mayor to determine whether such licensee is complying with the provisions of this part and with the rules and regulations made pursuant thereto.

(d) The Mayor is authorized to appoint such assistants, clerks, or other employees as may be required for the purpose of carrying out the provisions of this part.

(e) Any person aggrieved by any action, decision, or ruling of the Mayor under this part may, within 20 days thereafter, or within 20 days after the service upon such person of any written decision and findings required by this part, appeal to the Mayor for a review thereof. Upon any such review, the Mayor may affirm, set aside, or modify such action, decision, or ruling. In any such case the Mayor shall, within 10 days thereafter, prepare a written decision and findings with respect thereto, containing a summary of the evidence and the reasons supporting the affirmance, setting aside, or modification, and forthwith serve upon the aggrieved person a copy thereof.


(Aug. 6, 1956, 70 Stat. 1039, ch. 970, § 7; July 8, 1963, 77 Stat. 77, Pub. L. 88-60, § 1; July 29, 1970, 84 Stat. 570, Pub. L. 91-358, title I, § 155(a), 164(m); Sept. 26, 2012, D.C. Law 19-171, § 302, 59 DCR 6190.)

Prior Codifications

1981 Ed., § 2-1907.

1973 Ed., § 2-2007.

Section References

This section is referenced in § 47-2884.01.

Effect of Amendments

D.C. Law 19-171 enacted this subchapter into law.

Change in Government

This section originated at a time when local government powers were delegated to a Board of Commissioners of the District of Columbia (see Acts Relating to the Establishment of the District of Columbia and its Various Forms of Governmental Organization in Volume 1). Section 402(71) of Reorganization Plan No. 3 of 1967 (see Reorganization Plans in Volume 1) transferred all of the functions of the Board of Commissioners under this section to the District of Columbia Council, subject to the right of the Commissioner as provided in § 406 of the Plan. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 ( D.C. Code, § 1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act ( D.C. Code, § 1-207.14(a)), appropriate changes in terminology were made in this section.


§ 47–2884.08. Advertising; statement of rates.

(a) No licensee or other person, firm, voluntary association, joint-stock company, incorporated society, or corporation shall advertise, print, display, publish, distribute, or broadcast, or cause or permit to be advertised, printed, displayed, published, distributed, or broadcast, in any manner whatsoever, any statement or representation with regard to the rates, terms, or conditions for the lending of money, credit, goods, or things in action in the amount or of the value of $1,000 or less, which is false, misleading, or deceptive, or, in the case of a licensee, which refers to the supervision of such business by the District of Columbia, or any department or official thereof. The Mayor may order any licensee to desist from any conduct which he shall find to be a violation of the foregoing provisions.

(b) The Mayor may require that rates of charge, if stated by a licensee, be stated fully and clearly in such manner as he may deem necessary to prevent misunderstanding thereof by prospective borrowers.


(Aug. 6, 1956, 70 Stat. 1040, ch. 970, § 8; Sept. 26, 2012, D.C. Law 19-171, § 302, 59 DCR 6190.)

Prior Codifications

1981 Ed., § 2-1908.

1973 Ed., § 2-2008.

Effect of Amendments

D.C. Law 19-171 enacted this subchapter into law.

Change in Government

This section originated at a time when local government powers were delegated to a Board of Commissioners of the District of Columbia (see Acts Relating to the Establishment of the District of Columbia and its Various Forms of Governmental Organization in Volume 1). Section 401 of Reorganization Plan No. 3 of 1967 (see Reorganization Plans in Volume 1) transferred all of the functions of the Board of Commissioners under this section to a single Commissioner. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 ( D.C. Code, § 1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act ( D.C. Code, § 1-207.14(a)), appropriate changes in terminology were made in this section.


§ 47–2884.09. Maximum rate of interest permitted; repayment of loan.

(a) Beginning January 1, 2011, the maximum rate of interest which a pawnbroker may contract for, and receive, including fees, shall not exceed 5% per month, or fraction of the month, for the first 6 months of a loan, and 3% per month, or fraction of the month, thereafter; provided, that a pawnbroker may contract for, and receive, a minimum charge of $2 per month, or fraction of the month, in lieu of interest.

(b) The borrower may pay all or any part of any loan made pursuant to this part at any time before the date of maturity thereof, but any such payment may first be applied by the licensee to all interest unpaid up to the date of such payment.

(c) Once during each calendar year, a borrower shall have the right to rescind any pawn loan by the end of the same business day of the transaction. A $2 fee may be assessed by the licensee to offset the administrative cost of the rescission.

(d) The Mayor shall investigate from time to time, but no more frequently than once every 3 years, the economic conditions and other factors relating to and affecting the business of making pawnbroker loans under this part and shall ascertain and report to the Council all pertinent facts necessary to determine what maximum rate of interest should be permitted.


(Aug. 6, 1956, 70 Stat. 1040, ch. 970, § 9; Mar. 12, 2011, D.C. Law 18-315,§ 4(c), 57 DCR 12412; Sept. 26, 2012, D.C. Law 19-171, § 302, 59 DCR 6190; Dec. 24, 2013, D.C. Law 20-61, § 7158(c), 60 DCR 12472.)

Prior Codifications

1981 Ed., § 2-1909.

1973 Ed., § 2-2009.

Effect of Amendments

D.C. Law 18-315 rewrote subsec. (a); and added subsecs. (c) and (d).

D.C. Law 19-171 enacted this subchapter into law.

The 2013 amendment by D.C. Law 20-61 purported to rewrite (a) and add (c) and (d); a substitution that had already been made by D.C. Law 18-315.

Emergency Legislation

For temporary (90 day) amendment of section, see § 2(b) of Predatory Pawnbroker Regulation and Community Notification Emergency Act of 2010 (D.C. Act 18-385, April 29, 2010, 57 DCR 3838).

For temporary (90 days) amendment of this section, see § 7158(c) of the Fiscal Year 2014 Budget Support Emergency Act of 2013 (D.C. Act 20-130, July 30, 2013, 60 DCR 11384, 20 DCSTAT 1827).

For temporary (90 days) amendment of this section, see § 7158(c) of the Fiscal Year 2014 Budget Support Congressional Review Emergency Act of 2013 (D.C. Act 20-204, October 17, 2013, 60 DCR 15341, 20 DCSTAT 2311).

Temporary Legislation

Section 2(b) of D.C. Law 18-200 amended subsec. (a) to read as follows:

“(a)(1) The maximum rate of interest which a pawnbroker may contract for, and receive, including fees, shall not exceed 24% per annum; provided, that this subsection shall not apply to any pawnbroker licensed in accordance with this part as of April 1, 2010.

“(2) The maximum rate of interest which a pawnbroker licensed in accordance with this part as of April 1, 2010 may contract for and receive shall be the same as permitted by section 8 of Article 41 of the Police Regulations, effective August 22, 1957 (C.O. 57-1638; 16 DCMR § 910).”.

Section 4(b) of D.C. Law 18-200 provided that the act shall expire after 225 days of its having taken effect.

Short Title

Section 7151 of D.C. Law 20-61 provided that Subtitle O of Title VII of the act may be cited as the “Tax Clarification Amendment Act of 2013”.

Editor's Notes

Applicability of D.C. Law 20-61: Section 11001 of D.C. Law 20-61 provided that, except as otherwise provided, the act shall apply as of October 1, 2013.

Change in Government

This section originated at a time when local government powers were delegated to a Board of Commissioners of the District of Columbia (see Acts Relating to the Establishment of the District of Columbia and its Various Forms of Governmental Organization in Volume 1). Section 402(72) of Reorganization Plan No. 3 of 1967 (see Reorganization Plans in Volume 1) transferred all of the functions of the Board of Commissioners under this section to the District of Columbia Council, subject to the right of the Commissioner as provided in § 406 of the Plan. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 ( D.C. Code, § 1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act ( D.C. Code, § 1-207.14(a)), appropriate changes in terminology were made in this section.


§ 47–2884.10. Excessive consideration prohibited; instruments for loans made in violation of part invalid; loans made outside of District.

(a) No person, except as authorized by this part, shall directly or indirectly, by any device, subterfuge, or pretense, whatsoever, ask, demand, charge, contract for, or receive, or participate, as agent, broker, procurer, intermediary, or volunteer, or in any other capacity, in asking, demanding, charging, contracting for, or receiving any interest, discount, fee, charge, or other consideration which in the aggregate is greater than the interest which is permitted by §§ 28-3301 to 28-3303, upon any loan or application for loan in the amount or of the value of $1,000, or less, whether or not such loan is made.

(b) No person engaged in the business regulated by this part shall pay, directly or indirectly, to any person, any money, service, or thing of value for the doing of any of the acts prohibited in subsection (a) of this section; provided, that this subsection shall apply only to acts done or performed with reference to loan transactions or applications for loans in sums of $1,000 or less, or in inducing or seeking to induce any person to borrow in sums of $1,000 or less.

(c) No instrument evidencing a loan made within the District in violation of the provisions of this part shall be valid or enforceable in the District by the lender or by any other holder thereof who acquired the same with actual knowledge that said loan was made in violation of the provisions of this part or with knowledge of such facts that his action in taking such instrument amounted to bad faith.

(d) Any loan made by any person not licensed under this part for which there has been charged, contracted for, or received a greater rate of interest, discount, or consideration than the interest which is permitted by §§ 28-3301 to 28-3303, and any loan made by a licensee under this part for which there has been charged, contracted for, or received a greater rate of interest, discount, or consideration than licensees are permitted to charge, contract for, or receive under this part is hereby declared to be against the public policy of the District. No such loan made outside the District shall be enforced in the District and every person in anywise participating therein in the District shall be subject to the provisions of this part, except that the provisions of this subsection shall not apply to a loan legally made in any state under and in accordance with the provisions of a duly enacted pawnbroker law.


(Aug. 6, 1956, 70 Stat. 1041, ch. 970, § 10; Sept. 26, 2012, D.C. Law 19-171, § 302, 59 DCR 6190.)

Prior Codifications

1981 Ed., § 2-1910.

1973 Ed., § 2-2010.

Effect of Amendments

D.C. Law 19-171 enacted this subchapter into law.

Editor's Notes

Police regulations amended: Section 3 of D.C. Law 5-137 amended § 2 of Commissioners’ Order No. 57-1638 (Article 41 of the Police Regulations of the District of Columbia) concerning pawnbrokers’ maximum rates of interest, monthly charges instead of interest, and computation of interest and of the 6-month period after which a pledge may be sold.


§ 47–2884.11. Book containing loan transactions required; inspection of books; police to be admitted to premises; daily transcript.

(a) Every pawnbroker shall keep a book in which shall be fairly written, at the time of each loan, an accurate account and description of the goods, article, or thing pawned or pledged, the amount of money loaned thereon, the time of pledging the same, the rate of interest to be paid on such loan, and the name and residence of the person pawning or pledging the said goods, article, or thing, together with a particular description of such person, including complexion, color of eyes and hair, and his or her height and general appearances.

(b) The said book shall at all reasonable times be open to the inspection of the Mayor. It shall be the duty of every pawnbroker, and of every person in his employ, to admit to his premises during business hours any member of the Metropolitan Police force of the District of Columbia as aforesaid to examine any pledge or pawnbook or other record on the premises, as well as the articles pledged, purchased, or received, and to search for and take possession of any article known by him to be missing or known or believed by him to have been stolen, without the formality of the writ of search warrant or any other process, which search or seizure is hereby authorized.

(c) Except as to any judicial or other official of the District, having a right thereto in his official capacity, it shall be unlawful for any officer or employee of the District to divulge or make known in any manner the contents of such book.

(d) Every pawnbroker shall, every day, except Sunday, before the hour of 11:00 a.m., deliver to the Chief of Police, or his representative, on forms or via electronic means in a format prescribed by the Mayor, a legible and correct transcript from the book or books provided for in subsection (a) of this section, showing an accurate and complete description of every article or thing received by him, in pawn or pledge, and giving all numbers, marks, monograms, trademarks, manufacturers’ names, and other marks of identification appearing on the same, on the business day next preceding, together with the numbers of the pawn ticket issued therefor, the amount of the loan thereon, and the name, residence, and physical description of the person pawning or pledging the said goods, article or thing.


(Aug. 6, 1956, 70 Stat. 1041, ch. 970, § 11; Mar. 12, 2011, D.C. Law 18-315, § 4(d), 57 DCR 12412; Sept. 26, 2012, D.C. Law 19-171, § 302, 59 DCR 6190; Dec. 24, 2013, D.C. Law 20-61, § 7158(d), 60 DCR 12472.)

Prior Codifications

1981 Ed., § 2-1911.

1973 Ed., § 2-2011.

Section References

This section is referenced in § 47-2884.12.

Effect of Amendments

D.C. Law 18-315, in subsec. (d), substituted “on forms or via electronic means in a format prescribed by the Mayor” for “on forms to be prescribed by the Mayor of the District of Columbia”.

D.C. Law 19-171 enacted this subchapter into law.

The 2013 amendment by D.C. Law 20-61 purported to substitute “on forms or via electronic means in a format prescribed by the Mayor” for “on forms to be prescribed by the Mayor of the District of Columbia” in (d), a substitution that had already been made by D.C. Law 18-315.

Emergency Legislation

For temporary (90 days) amendment of this section, see § 7158(d) of the Fiscal Year 2014 Budget Support Emergency Act of 2013 (D.C. Act 20-130, July 30, 2013, 60 DCR 11384, 20 DCSTAT 1827).

For temporary (90 days) amendment of this section, see § 7158(d) of the Fiscal Year 2014 Budget Support Congressional Review Emergency Act of 2013 (D.C. Act 20-204, October 17, 2013, 60 DCR 15341, 20 DCSTAT 2311).

Short Title

Section 7151 of D.C. Law 20-61 provided that Subtitle O of Title VII of the act may be cited as the “Tax Clarification Amendment Act of 2013”.

Editor's Notes

Applicability of D.C. Law 20-61: Section 11001 of D.C. Law 20-61 provided that, except as otherwise provided, the act shall apply as of October 1, 2013.

Change in Government

This section originated at a time when local government powers were delegated to a Board of Commissioners of the District of Columbia (see Acts Relating to the Establishment of the District of Columbia and its Various Forms of Governmental Organization in Volume 1). Section 401 of Reorganization Plan No. 3 of 1967 (see Reorganization Plans in Volume 1) transferred all of the functions of the Board of Commissioners under this section to a single Commissioner. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 ( D.C. Code, § 1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act ( D.C. Code, § 1-207.14(a)), appropriate changes in terminology were made in this section.


§ 47–2884.12. Borrower to receive memorandum of loan transaction.

Every pawnbroker shall, at the time of each loan, deliver to the person pawning or pledging any goods, article, or thing a memorandum or note, signed by him, containing the substance of the entry required to be made in his or her book by § 47-2884.11, excepting as to the description of the person and no charge shall be made or received by any pawnbroker for any such entry, memorandum, or note.


(Aug. 6, 1956, 70 Stat. 1042, ch. 970, § 12; Sept. 26, 2012, D.C. Law 19-171, § 302, 59 DCR 6190.)

Prior Codifications

1981 Ed., § 2-1912.

1973 Ed., § 2-2012.

Effect of Amendments

D.C. Law 19-171 enacted this subchapter into law.


§ 47–2884.13. Sale of pawn or pledge—Required time of possession.

No pawnbroker shall sell a pawn or a pledge until the pawn or the pledge has remained 6 months in the pawnbroker’s possession, unless by consent in writing by the pawner.


(Aug. 6, 1956, 70 Stat. 1042, ch. 970, § 13; Mar. 13, 1985, D.C. Law 5-137,§ 2(a), 31 DCR 5743; Sept. 26, 2012, D.C. Law 19-171, § 302, 59 DCR 6190.)

Prior Codifications

1981 Ed., § 2-1913.

1973 Ed., § 2-2013.

Effect of Amendments

D.C. Law 19-171 enacted this subchapter into law.


§ 47–2884.14. Sale of pawn or pledge—Notice.

At least 30 days before selling a pawn or a pledge, the pawnbroker shall send notice of the sale to the pawner by certified mail. Certificates of mailing of the notice shall be part of the pawnbroker business records required by this part to be kept.


(Aug. 6, 1956, 70 Stat. 1042, ch. 970, § 14; Mar. 13, 1985, D.C. Law 5-137,§ 2(b), 31 DCR 5743; Sept. 26, 2012, D.C. Law 19-171, § 302, 59 DCR 6190.)

Prior Codifications

1981 Ed., § 2-1914.

1973 Ed., § 2-2014.

Effect of Amendments

D.C. Law 19-171 enacted this subchapter into law.


§ 47–2884.15. Sale of pawn or pledge—Disposition of surplus moneys.

The surplus money from the sale, after deducting the amount of the loan, the interest then due on the loan, and the expenses of the notice and sale, shall be paid over by the pawnbroker to the person who would have been entitled to redeem the pledge had the sale not taken place.


(Aug. 6, 1956, 70 Stat. 1042, ch. 970, § 15; Mar. 13, 1985, D.C. Law 5-137,§ 2(c), 31 DCR 5743; Sept. 26, 2012, D.C. Law 19-171, § 302, 59 DCR 6190.)

Prior Codifications

1981 Ed., § 2-1915.

1973 Ed., § 2-2015.

Effect of Amendments

D.C. Law 19-171 enacted this subchapter into law.


§ 47–2884.16. Penalties for violation of part; loan declared void; pledge returned.

(a) Any individual or any member, officer, director, agent, or employee of any firm, voluntary association, joint-stock company, incorporated society, or corporation who shall violate or participate in the violation of any of the provisions of this part shall be punished by a fine of not more than the amount set forth in [§ 22-3571.01] or by imprisonment for not more than 90 days.

(b) Any contract of loan in the making or collection of which any act shall have been done which constitutes a violation of any of the provisions of this part shall be void and the lender shall have no right to collect or receive any principal, interest, or charges whatsoever on account thereof. Any person pledging any goods, article, or other thing as security for a loan which is void shall be entitled to the return of such goods, article, or thing without being required to pay any principal, interest, or other charge on account of such void loan.

(c) Civil fines, penalties, and fees may be imposed as alternative sanctions for any infraction of the provisions of this part, or any rules or regulations issued under the authority of this part, pursuant to Chapter 18 of Title 2. Adjudication of any infraction of this part shall be pursuant to Chapter 18 of Title 2.


(Aug. 6, 1956, 70 Stat. 1042, ch. 970, § 16; Oct. 5, 1985, D.C. Law 6-42, § 439, 32 DCR 4450; Sept. 26, 2012, D.C. Law 19-171, § 302, 59 DCR 6190; June 11, 2013, D.C. Law 19-317, § 286(v), 60 DCR 2064.)

Prior Codifications

1981 Ed., § 2-1916.

1973 Ed., § 2-2016.

Effect of Amendments

D.C. Law 19-171 enacted this subchapter into law.

The 2013 amendment by D.C. Law 19-317 substituted “of not more than the amount set forth in [§ 22-3571.01]” for “of not more than $300” in (a).

Emergency Legislation

For temporary (90 days) amendment of this section, see § 286(v) of the Criminal Fine Proportionality Emergency Act of 2013 (D.C. Act 20-45, April 1, 2013, 60 DCR 5400, 20 DCSTAT 1300).

Editor's Notes

Applicability of D.C. Law 19-317: Section 401 of D.C. Law 19-317 provided that the act shall apply only to offenses committed on or after June 11, 2013.


§ 47–2884.17. Rules and regulations.

The Mayor, pursuant to [Chapter 5 of Title 2, § 2-501 et seq.], may issue rules to implement the provisions of this part.


(Aug. 6, 1956, 70 Stat. 1043, ch. 970, § 17; Mar. 12, 2011, D.C. Law 18-315, § 4(e), 57 DCR 12412; Sept. 26, 2012, D.C. Law 19-171, §§ 122, 302, 59 DCR 6190; Dec. 24, 2013, D.C. Law 20-61, § 7158(e), 60 DCR 12472.)

Prior Codifications

1981 Ed., § 2-1917.

1973 Ed., § 2-2017.

Effect of Amendments

D.C. Law 18-315 rewrote the section, which formerly read:

“The Council of the District of Columbia is authorized to make, and the Mayor of the District of Columbia is authorized to enforce, such rules and regulations as the Council deems necessary to carry out the purposes of this part.”

D.C. Law 19-171 enacted this subchapter into law; and substituted “this part” for “this act.”

The 2013 amendment by D.C. Law 20-61 substituted “this part” for “this act”.

Emergency Legislation

For temporary (90 days) amendment of this section, see § 7158(e) of the Fiscal Year 2014 Budget Support Emergency Act of 2013 (D.C. Act 20-130, July 30, 2013, 60 DCR 11384, 20 DCSTAT 1827).

For temporary (90 days) amendment of this section, see § 7158(e) of the Fiscal Year 2014 Budget Support Congressional Review Emergency Act of 2013 (D.C. Act 20-204, October 17, 2013, 60 DCR 15341, 20 DCSTAT 2311).

Short Title

Section 7151 of D.C. Law 20-61 provided that Subtitle O of Title VII of the act may be cited as the “Tax Clarification Amendment Act of 2013”.

Editor's Notes

Applicability of D.C. Law 20-61: Section 11001 of D.C. Law 20-61 provided that, except as otherwise provided, the act shall apply as of October 1, 2013.

Change in Government

This section originated at a time when local government powers were delegated to a Board of Commissioners of the District of Columbia (see Acts Relating to the Establishment of the District of Columbia and its Various Forms of Governmental Organization in Volume 1). Section 402(73) of Reorganization Plan No. 3 of 1967 (see Reorganization Plans in Volume 1) transferred all of the functions of the Board of Commissioners under this section to the District of Columbia Council, subject to the right of the Commissioner as provided in § 406 of the Plan. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 ( D.C. Code, § 1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act ( D.C. Code, § 1-207.14(a)), appropriate changes in terminology were made in this section.


§ 47–2884.18. Exceptions to application of part.

Nothing in this part shall apply to any person, firm, joint-stock company, incorporated society, credit union, or corporation doing business in the District of Columbia under the supervision of the Federal Reserve System, or the Comptroller of the Currency, or the Federal Deposit Insurance Corporation, or the Federal Home Loan Bank Board, or the Federal Savings and Loan Insurance Corporation, or the Department of Health and Human Services or to loans made by them.


(Aug. 6, 1956, 70 Stat. 1043, ch. 970, § 18; Sept. 26, 2012, D.C. Law 19-171, § 302, 59 DCR 6190.)

Prior Codifications

1981 Ed., § 2-1918.

1973 Ed., § 2-2018.

Effect of Amendments

D.C. Law 19-171 enacted this subchapter into law.

References in Text

The Federal Home Loan Bank Board, referred to in this section, was substituted for the Home Loan Bank Board pursuant to the Act of August 11, 1955, 69 Stat. 340, ch. 783, § 109.

The Federal Home Loan Bank Board and the Federal Savings and Loan Insurance Corporation referred to in this section have been abolished. For provisions relating to the abolition of the Federal Savings and Loan Insurance Corporation and the Federal Home Loan Bank Board and the transfer of functions, personnel and property of such agencies, see § 401 to 406 of Pub. L. 101-73, set out as notes under 12 U.S.C. § 1437.

The Department of Health and Human Services, referred to near the end of this section, was substituted for the Department of Health, Education and Welfare pursuant to the Act of October 17, 1979, 93 Stat. 695, Pub. L. 96-88, § 509.


§ 47–2884.19. Severability.

If any provision of this part or the application thereof to any person or circumstances is held invalid, the remainder of the part, and the application of such provision to other persons or circumstances shall not be affected thereby.


(Aug. 16, 1956, 70 Stat. 1043, ch. 970, § 20; Sept. 26, 2012, D.C. Law 19-171, § 302, 59 DCR 6190.)

Prior Codifications

1981 Ed., § 2-1919.

1973 Ed., § 2-2019.

Effect of Amendments

D.C. Law 19-171 enacted this subchapter into law.


Part C. Pharmacy.

§ 47–2885.01. Purposes; scope.

(a) The purposes of this part are:

(1) To license pharmacies and pharmacists;

(2) To register pharmacy interns;

(3) To regulate the practice of pharmacy; and

(4) To establish a Board of Pharmacy in the District of Columbia in order to protect the public health and welfare.

(b) This part shall not apply to:

(1) A duly licensed medical practitioner who personally dispenses or administers drugs or poisons as the practitioner deems proper in the treatment of the practitioner’s patients;

(2) The administering of drugs by a registered or licensed nurse under the direction of a medical practitioner to the practitioner’s patient or patients;

(3) Or otherwise interfere with the sale of over-the-counter drugs; or

(4) Any person who is a wholesaler or manufacturer, or any employee of such person, when engaged in the discharge of his or her official duties.

(c) Nothing in this part shall be construed as altering or affecting in any way laws of the District of Columbia or any federal act requiring a written prescription for controlled substances or other dangerous drugs.


(Sept. 16, 1980, D.C. Law 3-98, § 2, 27 DCR 3528; Sept. 26, 2012, D.C. Law 19-171, § 302, 59 DCR 6190.)

Prior Codifications

1981 Ed., § 2-2001.

Effect of Amendments

Section 302 of D.C. Law 19-171 enacted this subchapter into law.

Delegation of Authority

Delegation of authority under D.C. Law 3-98, the “D.C. Pharmacist and Pharmacy Regulation Act of 1980”, see Mayor’s Order 91-47, April 8, 1991.

Delegation of authority pursuant to D.C. Law 3-98, the “District of Columbia Pharmacist and Pharmacy Regulation Act of 1980”, see Mayor’s Order 98-48, April 15, 1998 ( 45 DCR 2693).


§ 47–2885.02. Definitions.

For purposes of this part:

(1) The term “Board” means the District of Columbia Board of Pharmacy established by the District of Columbia Health Occupations Revision Act of 1985.

(2) The term “dispense” means to sell, distribute, leave with, give away, dispose of, prepare or deliver a drug.

(3) The term “drug” means:

(A) Any substance recognized as a drug, medicine, or medicinal chemical in the official United States Pharmacopoeia, official National Formulary, official Homeopathic Pharmacopoeia, or official Veterinary Medicine Compendium or other official drug compendium or any supplement to any of them;

(B) Any substance intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in man or other animal;

(C) Any chemical substance (other than food) intended to affect the structure or any function of the body of man or other animal; and

(D) Any substance intended for use as a component of any items specified in subparagraph (A), (B), or (C) of this paragraph, but does not include medical devices or their components, parts, or accessories.

(4) The term “labeling” means the process of affixing a label to any drug container, but does not include the labeling by a manufacturer, packer, or distributor of an over-the-counter drug, packaged legend drug, or medical device.

(5) The term “Mayor” means the Mayor of the District of Columbia or the Mayor’s designated agent.

(6) The term “medical device” means an instrument, apparatus, implement, machine, contrivance, implant, in vitro reagent, or other similar or related article, including any component, part, or accessory, which is:

(A) Recognized in the official National Formulary, the official United States Pharmacopoeia, or any supplement thereto;

(B) Intended for use in the diagnosis of disease or any other condition, or in the cure, mitigation, treatment, or prevention of disease in man or other animal; or

(C) Intended to affect the structure or any function of the body of man or other animal, and which does not achieve any of its principal intended purposes through chemical action within or on the body of man or other animal, and which does not depend upon being metabolized for the achievement of any of its principal intended purposes.

(7) The term “medicinal chemicals” means chemicals used in the treatment of illness or disease.

(8) The term “over-the-counter drug” means drugs which may be sold without a prescription and which are prepackaged for use by the consumer and labeled in accordance with the requirements of the laws and regulations of the District of Columbia and the federal government.

(9) The term “person” means any individual, partnership, association, corporation, company, joint stock association, or any organized group of persons whether incorporated or not, or any trustee, receiver, or assignee thereof.

(10) The term “pharmacist” means any person who is licensed in the District of Columbia to engage in the practice of pharmacy.

(11) Repealed.

(12) The term “pharmacy intern” means any person who is registered in the District of Columbia to engage in the practice of pharmacy under the direct supervision of a pharmacist.

(13) The term “practice of pharmacy” means the practice defined in § 3-1201.02(11).

(14) The term “practitioner” means a person licensed and permitted by such license (other than a pharmacist) to prescribe, to dispense, or to conduct research with respect to, or to administer, drugs within the course of such person’s professional practice or research.

(15) Repealed.

(16) The term “proprietor of a pharmacy” means a person designated as proprietor in an application for a pharmacy license under § 47-2885.08. The proprietor may be an individual, a corporation, a partnership, or an unincorporated association, and shall at all times own a controlling interest in the pharmacy.

(17) The term “radiopharmaceuticals” means radioactive drugs and chemicals within the classification of legend drugs as defined under the Federal Food, Drug, and Cosmetic Act (21 U.S.C. § 301 et seq.) or regulations issued by the Mayor pursuant to this part.


(Sept. 16, 1980, D.C. Law 3-98, § 3, 27 DCR 3528; Mar. 25, 1986, D.C. Law 6-99, § 1102(a), 33 DCR 729; Sept. 26, 2012, D.C. Law 19-171, § 302, 59 DCR 6190.)

Prior Codifications

1981 Ed., § 2-2002.

Section References

This section is referenced in § 48-701.

Effect of Amendments

Section 302 of D.C. Law 19-171 enacted this subchapter into law.

References in Text

The “District of Columbia Health Occupations Revision Act of 1985”, referred to in paragraph (1), is D.C. Law 6-99.


§ 47–2885.03. General prohibitions.

(a)-(c)Repealed.

(d) It shall be unlawful for any person to operate, maintain, open or establish a pharmacy within the District of Columbia without first having obtained a license or registration from the Mayor.

(e) Repealed.

(f) It shall be unlawful for any establishment or institution, or any part thereof, that does not provide services of the practice of pharmacy, as defined within this part, to use or have upon it, or displayed within it, or affixed to or used in connection with it, a sign bearing the word or words “pharmacy,” “apothecary,” “drugstore,” “druggist,” or any word or words of similar or like import which would tend to indicate that the practice of pharmacy is being conducted in the establishment or institution.


(Sept. 16, 1980, D.C. Law 3-98, § 4, 27 DCR 3528; Mar. 25, 1986, D.C. Law 6-99, § 1102(b), 33 DCR 729; Sept. 26, 2012, D.C. Law 19-171, § 302, 59 DCR 6190.)

Prior Codifications

1981 Ed., § 2-2003.

1981 Ed., §§ 2-2004, 2-2005.

Effect of Amendments

Section 302 of D.C. Law 19-171 enacted this subchapter into law.

Editor's Notes

Section 302 of D.C. Law 19-171 enacted this subchapter into law.


§ 47–2885.04. Board of Pharmacy. [Repealed]

Repealed.


(Mar. 25, 1986, D.C. Law 6-99, § 1102(c), 33 DCR 729.)

Prior Codifications

1981 Ed., §§ 2-2004, 2-2005.

Editor's Notes

Section 302 of D.C. Law 19-171 enacted this subchapter into law.


§ 47–2885.05. Licensing of pharmacists. [Repealed]

Repealed.


(Mar. 25, 1986, D.C. Law 6-99, § 1102(c), 33 DCR 729.)

Prior Codifications

1981 Ed., §§ 2-2004, 2-2005.

Editor's Notes

Section 302 of D.C. Law 19-171 enacted this subchapter into law.


§ 47–2885.06. Registration of pharmacy interns.

(a) To register as a pharmacy intern, a person shall establish to the satisfaction of the Board of Pharmacy that the applicant:

(1) Is currently registered in and attending a duly accredited college or school of pharmacy or is a graduate of such college or school of pharmacy; and

(2) Has provided such additional evidence as the Board has determined is necessary for the position of pharmacy intern; and

(3) Has complied with the other standards required for registration by the Non-Health Related Professions and Occupations Licensure Act of 1998.

(b) The Mayor may, by regulation, provide for the registration of pharmacy interns who obtain their practical experience outside of the District of Columbia.

(c) Registration as a pharmacy intern may be renewed for successive periods of 1 year if the Mayor is satisfied that the applicant is in good faith and with reasonable diligence working toward his or her pharmaceutical degree or, if he or she has already received his or her degree, has been unable with reasonable diligence to accumulate the number of hours of service required by the Mayor.


(Sept. 16, 1980, D.C. Law 3-98, § 7, 27 DCR 3528; Apr. 20, 1999, D.C. Law 12-261, § 1244, 46 DCR 3142; Apr. 12, 2000, D.C. Law 13-91, § 157(c), 47 DCR 520; Sept. 26, 2012, D.C. Law 19-171, § 302, 59 DCR 6190.)

Prior Codifications

1981 Ed., § 2-2006.

Effect of Amendments

D.C. Law 13-91 validated a previously made technical amendment.

Section 302 of D.C. Law 19-171 enacted this subchapter into law.

References in Text

“The Non-Health Related Professions and Occupations Licensure Act of 1998,” referenced in (a)(3), is title I of D.C. Law 12-261.


§ 47–2885.07. Denial, suspension, or revocation of pharmacist’s license or pharmacy intern’s registration. [Repealed]

Repealed.


(Mar. 25, 1986, D.C. Law 6-99, § 1102(c), 33 DCR 729.)

Prior Codifications

1981 Ed., § 2-2007.

Editor's Notes

Section 302 of D.C. Law 19-171 enacted this subchapter into law.


§ 47–2885.08. Licensing of pharmacies.

(a) The application for a pharmacy license shall be made on a form to be prescribed by the Mayor and shall be accompanied by the required fee. The license shall be valid for a period of time to be determined by the Mayor. No license fee shall be required for the operation of a pharmacy by the United States government or by the District of Columbia government.

(b) Application for renewal of a pharmacy license shall be made not later than 30 days before the expiration date of the license to avoid lapse. An additional fee for late filing not exceeding the amount of the renewal fee shall be established by the Mayor.

(c) Each pharmacy license issued shall apply only to the operation of the pharmacy at the location for which it is issued.

(d) A pharmacy license is not transferable.

(e) Whether or not the proprietor of a pharmacy is a pharmacist, the pharmacy license shall be issued in the name of the proprietor.

(f) When a pharmacy changes proprietorship, the license shall become void and shall be promptly surrendered to the Mayor, and a license shall be obtained by the new proprietor whether or not there is any change in the name of the pharmacy.

(g) Any license issued pursuant to this section shall be issued as a Public Health: Pharmacy and Pharmaceuticals endorsement to a basic business license under the basic business license system as set forth in subchapter I-A of this chapter.


(Sept. 16, 1980, D.C. Law 3-98, § 9, 27 DCR 3528; Apr. 20, 1999, D.C. Law 12-261, § 2003(d), 46 DCR 3142; Oct. 28, 2003, D.C. Law 15-38, § 3(hh)(4)(Z), 50 DCR 6913; Sept. 26, 2012, D.C. Law 19-171, § 302, 59 DCR 6190.)

Prior Codifications

1981 Ed., § 2-2008.

Section References

This section is referenced in § 47-2885.02.

Effect of Amendments

D.C. Law 15-38, in subsec. (g), substituted “Public Health: Pharmacy and Pharmaceuticals endorsement to a basic business license under the basic” for “Class A Public Health: Pharmacy and Pharmaceuticals endorsement to a master business license under the master”.

Section 302 of D.C. Law 19-171 enacted this subchapter into law.

Emergency Legislation

For temporary (90 day) amendment of section, see § 3(hh)(4)(Z) of Streamlining Regulation Emergency Act of 2003 (D.C. Act 15-145, August 11, 2003, 50 DCR 6896).


§ 47–2885.09. Operation of pharmacy.

(a) A pharmacy shall be operated only by a licensed pharmacist. During all times when the pharmacy is open for business a pharmacist shall be on duty. The pharmacist on duty shall post his or her license in a conspicuous place during the time he or she is on duty. The hours that the pharmacy is open for business shall be conspicuously displayed on the outside of the pharmacy.

(b) The pharmacist on duty shall control all professional aspects of the practice of pharmacy; any usurpation, in reference or impairment of the exercise of professional judgment of the pharmacist on duty by a nonpharmacist proprietor or personnel shall be deemed the practice of pharmacy and constitute a violation of this part.

(c)(1) If only part of an establishment or institution is used as the pharmacy and if the pharmacy is not open to the public at the times when the rest of the establishment is open to the public, the pharmacy shall be securely enclosed so as to prevent unauthorized access to pharmacy areas and to prevent the diversion of drugs stored in pharmacy areas.

(2) The pharmacy and any storage areas for prescription drugs outside of the pharmacy shall be substantially constructed.

(3) All doors shall be capable of being securely locked, and access shall be restricted to pharmacists, the proprietor of the pharmacy, or persons authorized by a pharmacist with the consent of the proprietor.

(4) The key or keys to areas are to be under the control or in the possession of the pharmacist on duty or the proprietor of the pharmacy.

(d) Burglaries and damage to the pharmacy or its contents by fire, flood, or other causes shall be reported immediately to the Mayor. Neither drugs nor other merchandise shall be dispensed, sold, held for sale, or given away in any pharmacy damaged by fire, flood, or other causes until the Mayor has determined that the merchandise is not adulterated or otherwise unfit for sale, use, or consumption. Damaged premises shall be inspected by the Mayor to determine their continued suitability for pharmacy operations.


(Sept. 16, 1980, D.C. Law 3-98, § 10, 27 DCR 3528; Sept. 26, 2012, D.C. Law 19-171, § 302, 59 DCR 6190.)

Prior Codifications

1981 Ed., § 2-2009.

Effect of Amendments

Section 302 of D.C. Law 19-171 enacted this subchapter into law.


§ 47–2885.10. Denial, suspension, or revocation of pharmacy license.

(a) The Mayor may refuse the issuance or renewal, or may revoke, or may suspend for not more than 90 days, a license issued pursuant to this part for any 1 or a combination of the following reasons:

(1) Conviction of any felony, or a finding by the Mayor that any provision of this part has been violated, or that any law or regulation of the District of Columbia or of the United States relating to drugs has been violated by any person named in the application for pharmacy licensure;

(2) Furnishing false or misleading information to the Mayor, or failing to furnish information requested by the Mayor, or refusing to allow an inspection in accordance with this section and § 47-2885.16; or

(3) Selling, or offering for sale, adulterated or misbranded drugs or devices.

(b) The Mayor shall forthwith suspend a license issued pursuant to this part whenever the Mayor finds that the failure of a pharmacy to comply with any provision of this part or with any District of Columbia or federal law or regulation applicable to such pharmacy is of such a serious nature and magnitude that an imminent danger to the health or safety of the public is presented. In such a case, if a hearing is requested, such request or hearing shall not serve to stay the issuance of an order suspending the license.


(Sept. 16, 1980, D.C. Law 3-98, § 11, 27 DCR 3528; May 16, 1995, D.C. Law 10-255, § 5, 41 DCR 5193; Sept. 26, 2012, D.C. Law 19-171, § 302, 59 DCR 6190.)

Prior Codifications

1981 Ed., § 2-2010.

Effect of Amendments

Section 302 of D.C. Law 19-171 enacted this subchapter into law.


§ 47–2885.11. Pharmacy personnel.

(a)(1) No personnel working in any capacity, the activities of which include contact with any merchandise or drugs in a pharmacy or the care of dispensing, manufacturing, or storage facilities, who is affected by, or believed by the Mayor, upon reasonable grounds to be affected by, a communicable disease and no person who is or is believed by the Mayor, upon reasonable grounds, to be a carrier of a communicable disease shall actively engage in any work in a pharmacy.

(2) No proprietor of any pharmacy or manager of any pharmacy shall intentionally permit any person who is, or is believed by the Mayor, upon reasonable grounds, to be, a carrier of a communicable disease to engage or continue to be engaged in any work in the pharmacy.

(b) No person shall work in any capacity in a pharmacy if he or she:

(1) Has the following conditions: boils, infectious wounds, sores, or an acute respiratory infection;

(2) Is wearing unclean garments;

(3) Is a chronic alcoholic as that term is defined in § 24-602; or

(4) Does not follow hygienic work practices, including the washing of hands thoroughly before commencing work and as often as is necessary thereafter to remove soil and contamination.


(Sept. 16, 1980, D.C. Law 3-98, § 12, 27 DCR 3528; May 10, 1989, D.C. Law 7-231, § 10, 36 DCR 492; Apr. 24, 2007, D.C. Law 16-305, § 73(g), 53 DCR 6198; Mar. 25, 2009, D.C. Law 17-353, § 172(e)(1), 56 DCR 1117; Sept. 26, 2012, D.C. Law 19-171, § 302, 59 DCR 6190.)

Prior Codifications

1981 Ed., § 2-2011.

D.C. Law 16-305, in subsec. (b)(1), substituted “Has the following conditions” for “Is afflicted with”.

Effect of Amendments

D.C. Law 17-353, in subsec. (b)(1), inserted a colon following “conditions”.

Section 302 of D.C. Law 19-171 enacted this subchapter into law.


§ 47–2885.12. Bulk sales or transfers.

(a)(1) Bulk sales or transfers of drugs or medical devices shall not be made unless the Mayor is notified prior to the proposed transaction and the Mayor finds that the drugs or medical devices are fit for the use for which they were originally intended. For the purposes of this section, the term “bulk sales or transfers” shall mean the sale or transfer of the entire inventory, or any substantial part thereof, in any 1 transaction or in any merchandising effort referred to as an “auction sale,” a “bankruptcy sale,” “distress sale,” or a “closing-out sale”; but the term “bulk sales or transfers” shall not include transfers between stores having common ownership.

(2) A sale of merchandise to a single customer having a value of $500 or more in any 1-week period shall be considered the sale of a substantial part of the inventory and as 1 transaction unless the sale constitutes the filling of a prescription, or results from a cooperative buying order. If drugs are acquired by such transactions in other jurisdictions, the Mayor shall be notified, and the drugs shall be officially inspected and released by the Mayor prior to sale or other disposition in the District. Bulk quantities of drugs may be transferred only to persons legally entitled to sell or dispense the drugs.

(b) This section supplements and does not replace Chapter 21 of this title.


(Sept. 16, 1980, D.C. Law 3-98, § 13, 27 DCR 3528; Sept. 26, 2012, D.C. Law 19-171, § 302, 59 DCR 6190.)

Prior Codifications

1981 Ed., § 2-2012.

Effect of Amendments

Section 302 of D.C. Law 19-171 enacted this subchapter into law.


§ 47–2885.13. Deteriorating drugs; sample drugs; returned drugs.

(a) Drugs which may deteriorate shall at all times be stored under conditions specified on the label of the original container and in accordance with applicable District of Columbia or federal laws or regulations, and shall not be sold or dispensed after the expiration date designated on the label of the original container, and in accordance with applicable District of Columbia or federal laws or regulations.

(b) Drugs designated “sample” shall not be sold.

(c) A drug which has been returned after leaving the pharmacy shall not be placed in stock for reuse or resale, except manufacturer packaged unit dose or unit of use drugs which have been unopened and unaltered.


(Sept. 16, 1980, D.C. Law 3-98, § 14, 27 DCR 3528; Sept. 26, 2012, D.C. Law 19-171, § 302, 59 DCR 6190.)

Prior Codifications

1981 Ed., § 2-2013.

Effect of Amendments

Section 302 of D.C. Law 19-171 enacted this subchapter into law.


§ 47–2885.14. Labeling of prescriptions.

All drugs shall be dispensed in a suitable container appropriately labeled for subsequent administration to or use by an individual entitled to the drug. Any drug dispensed, except to inpatients of a licensed hospital, shall include on the label of the container the name of the drug and the strength of the drug when applicable, unless otherwise directed by the prescribing practitioner, and the name, address and telephone number of the pharmacy filling the prescription, the prescription number, the date of issuance and the name of the prescriber, directions for use, the name of the individual for whom the prescription is written, and other information and labeling which may be required by any District of Columbia or federal laws or regulations.


(Sept. 16, 1980, D.C. Law 3-98, § 15, 27 DCR 3528; Sept. 26, 2012, D.C. Law 19-171, § 302, 59 DCR 6190.)

Prior Codifications

1981 Ed., § 2-2014.

Effect of Amendments

D.C. Law 19-171 enacted this subchapter into law.


§ 47–2885.15. Records.

(a) There shall be maintained in every pharmacy, or in the establishment or institution where a pharmacy is located, a suitable book, file, or other easily retrievable record, in which shall be preserved for a period of not less than 2 years every prescription compounded or dispensed at said pharmacy.

(b)(1) There shall be maintained a bound volume recording the information required by law or regulation concerning the over-the-counter sales of those drugs which are listed in schedule V established or amended pursuant to the federal Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. § 801 et seq.).

(2) There shall also be maintained a bound volume in which shall be entered similar information concerning each sale of:

(A) Hypodermic syringes, needles, or other medical devices which may be used in the administration of controlled substances;

(B) Gelatin capsules and glassine envelopes in quantities sufficient to indicate an intention to use such items in the distribution of controlled substances; and

(C) Diluents or adulterants, such as lactose or quinine, in quantities sufficient to indicate an intention to use such substances for the illegal distribution or dispensing of any controlled substance.

(c) The records required to be maintained by this section shall be available for inspection by the Mayor during regular business hours.


(Sept. 16, 1980, D.C. Law 3-98, § 16, 27 DCR 3528; Sept. 26, 2012, D.C. Law 19-171, § 302, 59 DCR 6190.)

Prior Codifications

1981 Ed., § 2-2015.

Effect of Amendments

D.C. Law 19-171 enacted this subchapter into law.


§ 47–2885.16. Inspections.

(a) Persons designated by the Mayor shall be permitted, after presenting proper identification, to enter at reasonable times any pharmacy or drug outlet for the purpose of making inspections to determine compliance with this part or with other laws or regulations applicable to the practice of pharmacy. Persons designated by the Mayor shall be pharmacists for the purpose of making inspections to determine compliance with those sections of this part and other applicable laws and regulations regarding the practice of pharmacy as defined within this part.

(b) This inspection may include, but shall not be limited to, the examination of the pharmacy’s records, including prescriptions, and the obtaining of information and samples pertaining to drugs on hand or dispensed.


(Sept. 16, 1980, D.C. Law 3-98, § 17, 27 DCR 3528; Sept. 26, 2012, D.C. Law 19-171, § 302, 59 DCR 6190.)

Prior Codifications

1981 Ed., § 2-2016.

Section References

This section is referenced in § 47-2885.10.

Effect of Amendments

D.C. Law 19-171 enacted this subchapter into law.


§ 47–2885.17. Peddling drugs prohibited.

It shall be unlawful for any person to sell or offer for sale by peddling, or to offer for sale from house to house, or to offer for sale by public outcry, or by vending in the street, any drug, medicine, chemical, or controlled substance as defined in the District of Columbia Uniform Controlled Substances Act of 1981, or any compound or combination thereof, or any implement, appliance, or other agency for the treatment of disease, injury, or deformity; except, as may be otherwise authorized by law, no person shall throw, cast, deposit, drop, scatter, or leave, or cause to be thrown, cast, deposited, dropped, scattered, or left, any drug, medicine, chemical, or controlled substance as defined in the District of Columbia Uniform Controlled Substances Act of 1981, or any compound or combination thereof, upon any public highway or place, or, without the consent of the owner or occupant thereof, upon any premises in the District of Columbia. An offer for sale by peddling includes remaining or wandering about a public place and:

(1) Repeatedly beckoning to, repeatedly stopping, repeatedly attempting to stop, or repeatedly attempting to engage passers-by in conversation;

(2) Repeatedly stopping or attempting to stop motor vehicles; or

(3) Repeatedly interfering with the free passage of other persons for the purpose of selling any controlled substance proscribed by the District of Columbia Uniform Controlled Substances Act of 1981.


(Sept. 16, 1980, D.C. Law 3-98, § 18, 27 DCR 3528; Dec. 10, 1981, D.C. Law 4-57, § 4, 28 DCR 4652; Sept. 26, 2012, D.C. Law 19-171, § 302, 59 DCR 6190.)

Prior Codifications

1981 Ed., § 2-2017.

Section References

This section is referenced in § 47-2885.17a.

Effect of Amendments

D.C. Law 19-171 enacted this subchapter into law.

References in Text

The “District of Columbia Uniform Controlled Substances Act of 1981,” referred to throughout this section, is D.C. Law 4-29.


§ 47–2885.17a. Public place defined.

For the purposes of § 47-2885.17, the term “public place” means any street, sidewalk, bridge, alley, plaza, park, driveway, parking lot, transportation facility, or the doorways and entrance ways to any building which fronts on any of these locations, or a motor vehicle in or on any such place.


(Dec. 10, 1981, D.C. Law 4-57, § 2(2), 28 DCR 4652; Sept. 26, 2012, D.C. Law 19-171, § 302, 59 DCR 6190.)

Prior Codifications

1981 Ed., § 2-2017.1.

Effect of Amendments

D.C. Law 19-171 enacted this subchapter into law.

Editor's Notes

The phrase “§ 47-2885.17” was substituted for “this act” near the beginning of this section for clarity. The act referred to was D.C. Law 4-57.


§ 47–2885.18. Duties of Mayor.

(a) The Mayor shall:

(1) Administer and enforce the provisions of this part;

(2) Repealed;

(3) Adopt and publish such regulations as may be necessary for the implementation of this part, including, but not limited to, regulations concerning the following:

(A)-(C)Repealed;

(D) The establishment of various classifications of pharmacies, including, but not limited to, retail, institutional, radio, or nuclear pharmacies;

(E)-(G)Repealed;

(H) Establishment of minimum standards for the operation of pharmacies, including the minimum requirements for technical equipment and professional reference materials;

(I) The safe and proper storage, and maintenance of drugs, and the disposal of drugs;

(J) The requirements to assure that pharmacies shall be clean, in good repair, well ventilated and illuminated, and equipped with the necessary dispensing facilities, and adequate facilities for the purposes of cleansing hands, equipment and utensils, and the premises therein; such facilities may be located in areas adjacent to the pharmacy where only part of an establishment or institution is used as the pharmacy; and

(K) The establishment of regulations covering the storage and dispensing of radiopharmaceuticals.

(b) Repealed.


(Sept. 16, 1980, D.C. Law 3-98, § 19, 27 DCR 3528; Mar. 25, 1986, D.C. Law 6-99, § 1102(d), 33 DCR 729; Sept. 26, 2012, D.C. Law 19-171, § 302, 59 DCR 6190.)

Prior Codifications

1981 Ed., § 2-2018.

Effect of Amendments

D.C. Law 19-171 enacted this subchapter into law.


§ 47–2885.19. Fees.

(a) The initial fees shall be as follows: (1) Repealed; (2) pharmacy license, $85; (3) every person who sells over-the-counter preparations shall pay an annual license fee of $52. The fees referred to in this subsection shall be established in such amounts as will, in the judgment of the Mayor, approximate the costs to the District of Columbia government for administering this part. The Mayor is authorized to change the fees from time to time for any services rendered under this part; provided, that, the Mayor gives 30 days notice prior to changing such fees.

(b) The Mayor is authorized after 30 days notice to establish and to change, as may be necessary, the expiration dates of licenses and registrations provided for in this part. Upon the change of an expiration date, the renewal fee for the licenses, or registrations, shall be prorated on the basis of the time covered.


(Sept. 16, 1980, D.C. Law 3-98, § 20, 27 DCR 3528; Mar. 25, 1986, D.C. Law 6-99, § 1102(e), 33 DCR 729; Sept. 26, 2012, D.C. Law 19-171, § 302, 59 DCR 6190.)

Prior Codifications

1981 Ed., § 2-2019.

Effect of Amendments

D.C. Law 19-171 enacted this subchapter into law.


§ 47–2885.20. Penalties; prosecutions; injunction.

(a) Any person who violates any provision of this part shall be guilty of a misdemeanor and shall be punished by a fine of not more than the amount set forth in [§ 22-3571.01] or by imprisonment for not more than 6 months or both for each violation.

(b) Prosecutions for violations of any provision of this part shall be conducted in the Superior Court of the District of Columbia, by the Attorney General for the District of Columbia. It shall be sufficient to prove in any prosecution or hearing under this part only a single act prohibited by law or a single holding out, or any attempt thereof, without proving a general course of conduct in order to constitute a violation.

(c) In addition to the remedy set forth in this section, application may be made to a court having competent jurisdiction over the parties and subject matter for a writ of injunction or other civil remedy to restrain violations of the provisions of this part. Such application may be made by the Attorney General for the District of Columbia.

(d) Civil fines, penalties, and fees may be imposed as alternative sanctions for any infraction of the provisions of this part, or any rules or regulations issued under the authority of this part, pursuant to Chapter 18 of Title 2. Adjudication of any infraction of this chapter shall be pursuant to Chapter 18 of Title 2.


(Sept. 16, 1980, D.C. Law 3-98, § 21, 27 DCR 3528; Oct. 5, 1985, D.C. Law 6-42, § 409, 32 DCR 4450; Apr. 13, 2005, D.C. Law 15-354, § 75(a), 52 DCR 2638; Sept. 26, 2012, D.C. Law 19-171, § 302, 59 DCR 6190; June 11, 2013, D.C. Law 19-317, § 286(w), 60 DCR 2064.)

Prior Codifications

1981 Ed., § 2-2020.

Effect of Amendments

D.C. Law 15-354 substituted “Attorney General for the District of Columbia” for “Corporation Counsel”.

D.C. Law 19-171 enacted this subchapter into law.

The 2013 amendment by D.C. Law 19-317 substituted “not more than the amount set forth in [§ 22-3571.01]” for “not more than $500” in (a).

Emergency Legislation

For temporary (90 days) amendment of this section, see § 286(w) of the Criminal Fine Proportionality Emergency Act of 2013 (D.C. Act 20-45, April 1, 2013, 60 DCR 5400, 20 DCSTAT 1300).

Editor's Notes

Applicability of D.C. Law 19-317: Section 401 of D.C. Law 19-317 provided that the act shall apply only to offenses committed on or after June 11, 2013.


§ 47–2885.21. Review.

Any person aggrieved by an adverse action of the Mayor may file a request for a hearing with the Office of Administrative Hearings. The Office of Administrative Hearings shall provide the aggrieved person with an opportunity for a hearing and shall sustain, modify, or vacate such action by the Mayor as is appropriate in the case. Judicial review of the decision of the Office of Administrative Hearings shall be in accordance with [§ 2-1831.16].


(Sept. 16, 1980, D.C. Law 3-98, § 22, 27 DCR 3528; Apr. 13, 2005, D.C. Law 15-354, § 75(b), 52 DCR 2638; Sept. 26, 2012, D.C. Law 19-171, § 302, 59 DCR 6190.)

Prior Codifications

1981 Ed., § 2-2021.

Effect of Amendments

D.C. Law 15-354 rewrote the section which had read as follows: “Any person aggrieved by an adverse action of the Mayor may appeal to the Board of Appeals and Review established by Organization Order No. 112, dated August 15, 1955. The Board of Appeals and Review shall, in accordance with such Organization Order, and its rules of practice and procedure, provide the aggrieved person with an opportunity for a hearing and shall sustain, modify, or vacate such adverse action by the Mayor as is appropriate in the case. The decision of the Board of Appeals and Review shall be the final administrative remedy. Any person who is adversely affected by a decision of the Board of Appeals and Review may seek judicial review thereof in the District of Columbia Court of Appeals, pursuant to Chapter 5 of Title 2.”

D.C. Law 19-171 enacted this subchapter into law.

Editor's Notes

Office of Auditor abolished: The Office of the Auditor of the District of Columbia was abolished and the functions thereof transferred to the Board of Commissioners of the District of Columbia by Reorganization Plan No. 5 of 1952. All functions of the Office of the Auditor, including the functions of all officers, employees, and subordinate agencies were transferred to the Director, Department of General Administration by Reorganization Order No. 3 of the Board of Commissioners, dated August 28, 1952. The functions of auditing all moneys paid to and collected by the District Unemployment Board as provided in subsection (a) of this section was transferred from the Auditor to the Internal Audit Officer, Department of General Administration by Reorganization Order No. 19. The function of the Auditor of the District concerning the prior audit of refunds was transferred from the Auditor to the Accounting Officer, Finance Office, Department of General Administration by Reorganization Order No. 20, dated November 10, 1952. Reorganization Order No. 20 was superseded by Organization Order No. 121, dated December 12, 1957. The executive functions of the Board of Commissioners were transferred to the Commissioner of the District of Columbia by § 401 of Reorganization Plan No. 3 of 1967. Reorganization Order No. 19 and Organization Order No. 121 were revoked and replaced by Organization Order No. 3, dated December 13, 1967. Parts IVB and IVC of the latter Order established within the newly created Department of General Administration, an Internal Audit Office and a Finance Office and prescribed the functions thereof. These functions were subsequently transferred to the Director of the Department of Finance and Revenue by paragraph 4 of Commissioner’s Order No. 69-96, dated March 7, 1969. Part IVB of Organization Order No. 3 and that portion of paragraph 4 of Commissioner’s Order No. 69-96 pertaining to a transfer of audit functions to the Department of Finance and Revenue were revoked by Organization Order No. 33, dated July 14, 1972. The latter Order established an Office of Municipal Audit and Inspection and prescribed the functions thereof. The Office of Municipal Audit and Inspection was replaced by Mayor’s Order No. 79-7, dated January 2, 1979, which Order established the Office of the Inspector General of the District of Columbia.

Office of Major and Superintendent of Metropolitan Police abolished: The Office of the Major and Superintendent of Metropolitan Police was abolished and all functions of that office transferred to and vested in the Chief of Police. The Assistant Superintendent, Executive Officer of the Metropolitan Police Department was designated “Deputy Chief of Police, Executive Officer”; the Assistant Superintendent of the Metropolitan Police in command of the Detective Bureau was designated “Deputy Chief of Police, Chief of Detectives”; and each other Assistant Superintendent of the Metropolitan Police was designated “Deputy Chief of Police” by Reorganization Order No. 7 dated September 15, 1952. Reorganization Order No. 7 was replaced by Organization Order No. 153, dated November 10, 1966.

Mayor's Orders

Amendment of Organization Order No. 112, Commissioners’ Order No. 55-1500, establishing Board of Appeals and Review: See Mayor’s Order 84-31, February 9, 1984.


§ 47–2885.22. Severability.

If any provision of this part is for any reason held invalid by any court of competent jurisdiction, the provision shall be deemed a separate, distinct, and independent provision, and its invalidity shall not affect the validity of the remaining provisions.


(Sept. 16, 1980, D.C. Law 3-98, § 23, 27 DCR 3528; Sept. 26, 2012, D.C. Law 19-171, § 302, 59 DCR 6190.)

Prior Codifications

1981 Ed., § 2-2022.

Effect of Amendments

D.C. Law 19-171 enacted this subchapter into law.


§ 47–2885.23. Effect of part on prior regulations.

The provisions of this part supplement all other regulations and laws applicable in the District of Columbia. Regulations heretofore in effect in the District of Columbia which are inconsistent with the provisions of this part are hereby superseded with respect to matters covered by this part.


(Sept. 16, 1980, D.C. Law 3-98, § 24(c), 27 DCR 3528; Sept. 26, 2012, D.C. Law 19-171, § 302, 59 DCR 6190.)

Prior Codifications

1981 Ed., § 2-2023.

Effect of Amendments

D.C. Law 19-171 enacted this subchapter into law.


Part D. Professional Engineers. [Repealed]

§ 47–2886.01. Short title. [Repealed]

[Repealed].


(Sept. 19, 1950, 64 Stat. 854, ch. 953, § 1; Sept. 26, 2012, D.C. Law 19-171, § 302, 59 DCR 6190; Apr. 15, 2017, D.C. Law 21-272, § 2(b), 64 DCR 946.)

Prior Codifications

1981 Ed., § 2-2301.

1973 Ed., § 2-1801.

Effect of Amendments

D.C. Law 19-171 enacted this subchapter into law.

Cross References

Boards, commissions and committees, application of law, see § 1-321.02.


§ 47–2886.02. Definitions. [Repealed]

[Repealed].


(Sept. 19, 1950, 64 Stat. 854, ch. 953, § 2; Sept. 26, 2012, D.C. Law 19-171, § 302, 59 DCR 6190; Apr. 15, 2017, D.C. Law 21-272, § 2(b), 64 DCR 946.)

Prior Codifications

1981 Ed., § 2-2302.

1973 Ed., § 2-1802.

Effect of Amendments

D.C. Law 19-171 enacted this subchapter into law.

Editor's Notes

Board of Registration for Professional Engineers abolished: See note to § 47-2886.05.

Change in Government

This section originated at a time when local government powers were delegated to a Board of Commissioners of the District of Columbia (see Acts Relating to the Establishment of the District of Columbia and its Various Forms of Governmental Organization in Volume 1). Section 401 of Reorganization Plan No. 3 of 1967 (see Reorganization Plans in Volume 1) transferred all of the functions of the Board of Commissioners under this section to a single Commissioner. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 ( D.C. Code, § 1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act ( D.C. Code, § 1-207.14(a)), appropriate changes in terminology were made in this section.


§ 47–2886.03. Declaration of policy. [Repealed]

[Repealed].


(Sept. 19, 1950, 64 Stat. 855, ch. 953, § 3; Sept. 26, 2012, D.C. Law 19-171, § 302, 59 DCR 6190; Apr. 15, 2017, D.C. Law 21-272, § 2(b), 64 DCR 946.)

Prior Codifications

1981 Ed., § 2-2303.

1973 Ed., § 2-1803.

Effect of Amendments

D.C. Law 19-171 enacted this subchapter into law.


§ 47–2886.04. Practice of engineering without registration prohibited. [Repealed]

[Repealed].


(Sept. 19, 1950, 64 Stat. 855, ch. 953, § 4; Sept. 26, 2012, D.C. Law 19-171, § 302, 59 DCR 6190; Apr. 15, 2017, D.C. Law 21-272, § 2(b), 64 DCR 946.)

Prior Codifications

1981 Ed., § 2-2304.

1973 Ed., § 2-1804.

Effect of Amendments

D.C. Law 19-171 enacted this subchapter into law.


§ 47–2886.05. District of Columbia Board of Registration for Professional Engineers — Created; duty; composition; appointment; qualifications; term of office; oath of office; removal; vacancies. [Repealed]

[Repealed].


(Apr. 15, 2017, D.C. Law 21-272, § 2(b), 64 DCR 946.)

Prior Codifications

1981 Ed., § 2-2305.

Cross References

Disclosure of financial interests, requirements, see § 1-1106.02.


§ 47–2886.06. District of Columbia Board of Registration for Professional Engineers — Compensation. [Repealed]

[Repealed].


(Apr. 15, 2017, D.C. Law 21-272, § 2(b), 64 DCR 946.)

Prior Codifications

1981 Ed., § 2-2306.

Section References

This section is referenced in § 47-2886.13.


§ 47–2886.07. District of Columbia Board of Registration for Professional Engineers — Meetings; officers; quorum. [Repealed]

[Repealed].


(Apr. 15, 2017, D.C. Law 21-272, § 2(b), 64 DCR 946.)

Prior Codifications

1981 Ed., § 2-2307.


§ 47–2886.08. District of Columbia Board of Registration for Professional Engineers—Powers. [Repealed]

[Repealed].


(Sept. 19, 1950, 64 Stat. 856, ch. 953, § 8; July 29, 1970, 84 Stat. 570, Pub. L. 91-358, title I, § 155(c)(9)(A); July 22, 1976, D.C. Law 1-75, § 3(i), 23 DCR 1178; Mar. 3, 1979, D.C. Law 2-139, § 3205(e), 25 DCR 5740; Sept. 26, 2012, D.C. Law 19-171, § 302, 59 DCR 6190; Apr. 15, 2017, D.C. Law 21-272, § 2(b), 64 DCR 946.)

Prior Codifications

1981 Ed., § 2-2308.

1973 Ed., § 2-1808.

Section References

This section is referenced in § 1-636.02 and § 47-2886.09.

Effect of Amendments

D.C. Law 19-171 enacted this subchapter into law.

Cross References

Effective date provisions, see § 1-636.02.

Editor's Notes

Board of Registration for Professional Engineers abolished: See note to § 47-2886.05.


§ 47–2886.09. District of Columbia Board of Registration for Professional Engineers— Complaints; hearings; appeals. [Repealed]

[Repealed].


(Sept. 19, 1950, 64 Stat. 862, ch. 953, § 9; June 11, 1960, 74 Stat. 202, Pub. L. 86-507, § 1(41); July 29, 1970, 84 Stat. 570, Pub. L. 91-358, title I, § 155(c)(9)(B), 164(n); Sept. 26, 2012, D.C. Law 19-171, § 302, 59 DCR 6190; Apr. 15, 2017, D.C. Law 21-272, § 2(b), 64 DCR 946.)

Prior Codifications

1981 Ed., § 2-2309.

1973 Ed., § 2-1809.

Effect of Amendments

D.C. Law 19-171 enacted this subchapter into law.

Editor's Notes

Board of Registration for Professional Engineers abolished: See note to § 47-2886.05.


§ 47–2886.10. Exemptions from part. [Repealed]

[Repealed].


(Sept. 19, 1950, 64 Stat. 863, ch. 953, § 10; Aug. 30, 1964, 78 Stat. 634, Pub. L. 88-503, § 21; Sept. 26, 2012, D.C. Law 19-171, § 302, 59 DCR 6190; Apr. 15, 2017, D.C. Law 21-272, § 2(b), 64 DCR 946.)

Prior Codifications

1981 Ed., § 2-2310.

1973 Ed., § 2-1810.

Effect of Amendments

D.C. Law 19-171 enacted this subchapter into law.

Editor's Notes

Board of Registration for Professional Engineers abolished: See note to § 47-2886.05.


§ 47–2886.11. Seal of registrant. [Repealed]

[Repealed].


(Sept. 19, 1950, 64 Stat. 864, ch. 953, § 11; Sept. 26, 2012, D.C. Law 19-171, § 302, 59 DCR 6190; Apr. 15, 2017, D.C. Law 21-272, § 2(b), 64 DCR 946.)

Prior Codifications

1981 Ed., § 2-2311.

1973 Ed., § 2-1811.

Effect of Amendments

D.C. Law 19-171 enacted this subchapter into law.

Editor's Notes

Board of Registration for Professional Engineers abolished: See note to § 47-2886.05.


§ 47–2886.12. Display of certificate of registration. [Repealed]

[Repealed].


(Sept. 19, 1950, 64 Stat. 864, ch. 953, § 12; Sept. 26, 2012, D.C. Law 19-171, § 302, 59 DCR 6190; Apr. 15, 2017, D.C. Law 21-272, § 2(b), 64 DCR 946.)

Prior Codifications

1981 Ed., § 2-2312.

1973 Ed., § 2-1812.

Effect of Amendments

D.C. Law 19-171 enacted this subchapter into law.


§ 47–2886.13. Fees; Professional Engineers’ Fund; expenses of Board; audit. [Repealed]

[Repealed].


(Sept. 19, 1950, 64 Stat. 864, ch. 953, § 13; Sept. 14, 2011, D.C. Law 19-21, § 1063(a), 58 DCR 6226; Sept. 26, 2012, D.C. Law 19-171, § 302, 59 DCR 6190; Apr. 15, 2017, D.C. Law 21-272, § 2(b), 64 DCR 946.)

Prior Codifications

1981 Ed., § 2-2313.

1973 Ed., § 2-1813.

Section References

This section is referenced in § 1-301.74.

Effect of Amendments

D.C. Law 19-21, in subsec. (d), substituted “For the purpose of any contemplated investigation or audit by the Inspector General,” for “It shall be the duty of the Office of the Inspector General of the District of Columbia to audit annually the accounts of the Board and make a report thereof to the Mayor. For the purpose of performance of such duty”.

D.C. Law 19-171 enacted this subchapter into law.

Cross References

Licensing and registration fees, see § 1-301.74.

Editor's Notes

Board of Registration for Professional Engineers abolished: See note to § 47-2886.05.

Change in Government

This section originated at a time when local government powers were delegated to a Board of Commissioners of the District of Columbia (see Acts Relating to the Establishment of the District of Columbia and its Various Forms of Governmental Organization in Volume 1). Section 402(69) of Reorganization Plan No. 3 of 1967 (see Reorganization Plans in Volume 1) transferred all of the functions of the Board of Commissioners under this section to the District of Columbia Council, subject to the right of the Commissioner as provided in § 406 of the Plan. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 ( D.C. Code, § 1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act ( D.C. Code, § 1-207.14(a)), appropriate changes in terminology were made in this section.


§ 47–2886.14. Unlawful acts. [Repealed]

[Repealed].


(Sept. 19, 1950, 64 Stat. 865, ch. 953, § 14; Oct. 5, 1985, D.C. Law 6-42,§ 442, 32 DCR 4450; Sept. 26, 2012, D.C. Law 19-171, § 302, 59 DCR 6190; June 11, 2013, D.C. Law 19-317, § 286(x), 60 DCR 2064; Apr. 15, 2017, D.C. Law 21-272, § 2(b), 64 DCR 946.)

Prior Codifications

1981 Ed., § 2-2314.

1973 Ed., § 2-1814.

Effect of Amendments

D.C. Law 19-171 enacted this subchapter into law.

The 2013 amendment by D.C. Law 19-317 substituted “not more than the amount set forth in [§ 22-3571.01]” for “not more than $500”.

Emergency Legislation

For temporary (90 days) amendment of this section, see § 286(x) of the Criminal Fine Proportionality Emergency Act of 2013 (D.C. Act 20-45, April 1, 2013, 60 DCR 5400, 20 DCSTAT 1300).


§ 47–2886.15. Prosecutions; legal services to Board; investigations; injunctions. [Repealed]

[Repealed].


(Sept. 19, 1950, 64 Stat. 866, ch. 953, § 15; July 8, 1963, 77 Stat. 77, Pub. L. 88-60, § 1; July 29, 1970, 84 Stat. 570, Pub. L. 91-358, title I, § 155(a); Apr. 13, 2005, D.C. Law 15-354, § 76, 52 DCR 2638; Sept. 26, 2012, D.C. Law 19-171, § 302, 59 DCR 6190; Apr. 15, 2017, D.C. Law 21-272, § 2(b), 64 DCR 946.)

Prior Codifications

1981 Ed., § 2-2315.

1973 Ed., § 2-1815.

Effect of Amendments

D.C. Law 15-354 substituted “Attorney General for the District of Columbia” for “Corporation Counsel”.

D.C. Law 19-171 enacted this subchapter into law.

Editor's Notes

Board of Registration for Professional Engineers abolished: See note to § 47-2886.05.


§ 47–2886.16. Annual report. [Repealed]

[Repealed].


(Sept. 19, 1950, 64 Stat. 866, ch. 953, § 16; Sept. 14, 2011, D.C. Law 19-21, § 1063(b), 58 DCR 6226; Sept. 26, 2012, D.C. Law 19-171, §§ 123, 302, 59 DCR 6190; Apr. 15, 2017, D.C. Law 21-272, § 2(b), 64 DCR 946.)

Prior Codifications

1981 Ed., § 2-2316.

1973 Ed., § 2-1816.

Effect of Amendments

D.C. Law 19-21 substituted “the Mayor, the Inspector General, and the Office of the Secretary of the Council of the District of Columbia” for “the Mayor”.

D.C. Law 19-171 enacted this subchapter into law; and substituted “Secretary to the Council” for “Secretary of the Council.”

Editor's Notes

Board of Registration for Professional Engineers abolished: See note to § 47-2886.05.

Change in Government

This section originated at a time when local government powers were delegated to a Board of Commissioners of the District of Columbia (see Acts Relating to the Establishment of the District of Columbia and its Various Forms of Governmental Organization in Volume 1). Section 401 of Reorganization Plan No. 3 of 1967 (see Reorganization Plans in Volume 1) transferred all of the functions of the Board of Commissioners under this section to a single Commissioner. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 ( D.C. Code, § 1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act ( D.C. Code, § 1-207.14(a)), appropriate changes in terminology were made in this section.


§ 47–2886.17. Severability. [Repealed]

[Repealed].


(Sept. 19, 1950, 64 Stat. 866, ch. 953, § 17; Sept. 26, 2012, D.C. Law 19-171, § 302, 59 DCR 6190; Apr. 15, 2017, D.C. Law 21-272, § 2(b), 64 DCR 946.)

Prior Codifications

1981 Ed., § 2-2317.

1973 Ed., § 2-1817.

Effect of Amendments

D.C. Law 19-171 enacted this subchapter into law.


§ 47–2886.18. Conflicting laws and regulations repealed. [Repealed]

[Repealed].


(Sept. 19, 1950, 64 Stat. 866, ch. 953, § 18; Sept. 26, 2012, D.C. Law 19-171, § 302, 59 DCR 6190; Apr. 15, 2017, D.C. Law 21-272, § 2(b), 64 DCR 946.)

Prior Codifications

1981 Ed., § 2-2318.

1973 Ed., § 2-1818.

Effect of Amendments

D.C. Law 19-171 enacted this subchapter into law.

Cross References

Boards, commissions and committees, application of law, see § 1-321.02.


Part E. Athlete Agents.

§ 47–2887.01. Definitions.

For the purposes of this part, the term:

(1) “Agency contract” means an agreement in which a student-athlete authorizes a person to negotiate or solicit on behalf of the student-athlete a professional-sports-services contract or an endorsement contract.

(2) “Athlete agent” means an individual who enters into an agency contract with a student-athlete or, directly or indirectly, recruits or solicits a student-athlete to enter into an agency contract. The term includes an individual who represents to the public that the individual is an athlete agent. The term does not include a spouse, parent, sibling, grandparent, or guardian of the student-athlete or an individual acting solely on behalf of a professional sports team or professional sports organization.

(3) “Athletic director” means an individual responsible for administering the overall athletic program of an educational institution or, if an educational institution has separately administered athletic programs for male students and female students, the athletic program for males or the athletic program for females, as appropriate.

(4) “Contact” means a communication, direct or indirect, between an athlete agent and a student-athlete, to recruit or solicit the student-athlete to enter into an agency contract.

(5) “Endorsement contract” means an agreement under which a student-athlete is employed or receives consideration to use on behalf of the other party any value that the student-athlete may have because of publicity, reputation, following, or fame obtained because of athletic ability or performance.

(6) “Intercollegiate sport” means a sport played at the collegiate level for which eligibility requirements for participation by a student-athlete are established by a national association for the promotion or regulation of collegiate athletics.

(7) “Person” means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, government, governmental subdivision, agency, or instrumentality, public corporation, or any other legal or commercial entity.

(8) “Professional-sports-services contract” means an agreement under which an individual is employed, or agrees to render services, as a player on a professional sports team, with a professional sports organization, or as a professional athlete.

(9) “Record” means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.

(10) “Registration” means registration as an athlete agent pursuant to this part.

(11) “State” means a State of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States.

(12) “Student-athlete” means an individual who engages in, is eligible to engage in, or may be eligible in the future to engage in, any intercollegiate sport. If an individual is permanently ineligible to participate in a particular intercollegiate sport, the individual is not a student-athlete for purposes of that sport.


(Apr. 13, 2002, D.C. Law 14-107, § 3, 49 DCR 1193).)

Editor's Notes

Uniform Law: This section is based upon § 2 of the Uniform Athlete Agents Act.


§ 47–2887.02. Service of process; subpoenas.

(a) By acting as an athlete agent in the District of Columbia, a nonresident individual appoints the Mayor as the individual’s agent for service of process in any civil action in the District of Columbia related to the individual’s acting as an athlete agent in the District of Columbia.

(b) The Mayor may issue subpoenas for any material that is relevant to the administration of this part.


(Apr. 13, 2002, D.C. Law 14-107, § 3, 49 DCR 1193).)

Editor's Notes

Uniform Law: This section is based upon § 3 of the Uniform Athlete Agents Act.


§ 47–2887.03. Athlete agents: registration required; void contracts.

(a) Except as otherwise provided in subsection (b) of this section, an individual may not act as an athlete agent in the District of Columbia without holding a certificate of registration under § 47-2887.05 or § 47-2887.07.

(b) Before being issued a certificate of registration, an individual may act as an athlete agent in the District of Columbia for all purposes except signing an agency contract, if:

(1) A student-athlete or another person acting on behalf of the student-athlete initiates communication with the individual; and

(2) Within 7 days after an initial act as an athlete agent, the individual submits an application for registration as an athlete agent in the District of Columbia.

(c) An agency contract resulting from conduct in violation of this section is void and the athlete agent shall return any consideration received under the contract.


(Apr. 13, 2002, D.C. Law 14-107, § 3, 49 DCR 1193).)

Section References

This section is referenced in § 47-2887.13.

Editor's Notes

Uniform Law: This section is based upon § 4 of the Uniform Athlete Agents Act.


§ 47–2887.04. Registration as athlete agent; form; requirements.

(a) An applicant for registration shall submit an application for registration to the Mayor in a form prescribed by the Mayor. An application filed under this section is a public record. The application must be in the name of an individual and, except as otherwise provided in subsection (b) of this section, signed or otherwise authenticated by the applicant under penalty of perjury and state or contain:

(1) The name of the applicant and the address of the applicant’s principal place of business;

(2) The name of the applicant’s business or employer, if applicable;

(3) Any business or occupation engaged in by the applicant for the 5 years next preceding the date of submission of the application;

(4) A description of the applicant’s:

(A) Formal training as an athlete agent;

(B) Practical experience as an athlete agent; and

(C) Educational background relating to the applicant’s activities as an athlete agent;

(5) The names and addresses of 3 individuals not related to the applicant who are willing to serve as references;

(6) The name, sport, and last known team for each individual for whom the applicant acted as an athlete agent during the 5 years next preceding the date of submission of the application;

(7) The names and addresses of all persons who are:

(A) With respect to the athlete agent’s business if it is not a corporation, the partners, members, officers, managers, associates, or profit-sharers of the business; and

(B) With respect to a corporation employing the athlete agent, the officers, directors, and any shareholder of the corporation having an interest of 5% or greater;

(8) Whether the applicant or any person named pursuant to paragraph (7) of this subsection has been convicted of a crime that, if committed in the District of Columbia, would be a crime involving moral turpitude or a felony, and identify the crime;

(9) Whether there has been any administrative or judicial determination that the applicant or any person named pursuant to paragraph (7) of this subsection has made a false, misleading, deceptive, or fraudulent representation;

(10) Any instance in which the conduct of the applicant or any person named pursuant to paragraph (7) of this subsection resulted in the imposition of a sanction, suspension, or declaration of ineligibility to participate in an interscholastic or intercollegiate athletic event on a student-athlete or educational institution;

(11) Any sanction, suspension, or disciplinary action taken against the applicant or any person named pursuant to paragraph (7) of this subsection arising out of occupational or professional conduct; and

(12) Whether there has been any denial of an application for, suspension or revocation of, or refusal to renew, the registration or licensure of the applicant or any person named pursuant to paragraph (7) of this subsection as an athlete agent in any State.

(b) An individual who has submitted an application for, and holds a certificate of, registration or licensure as an athlete agent in another State, may submit a copy of the application and certificate in lieu of submitting an application in the form prescribed pursuant to subsection (a) of this section. The Mayor shall accept the application and the certificate from the other State as an application for registration in the District of Columbia if the application to the other State:

(1) Was submitted in the other State within 6 months next preceding the submission of the application in the District of Columbia and the applicant certifies that the information contained in the application is current;

(2) Contains information substantially similar to or more comprehensive than that required in an application submitted in the District of Columbia; and

(3) Was signed by the applicant under penalty of perjury.


(Apr. 13, 2002, D.C. Law 14-107, § 3, 49 DCR 1193).)

Section References

This section is referenced in § 47-2887.05.

Editor's Notes

Uniform Law: This section is based upon § 5 of the Uniform Athlete Agents Act.


§ 47–2887.05. Certificate of registration; issuance or denial; renewal.

(a) Except as otherwise provided in subsection (b) of this section, the Mayor shall issue a certificate of registration to an individual who complies with § 47-2887.04(a) or whose application has been accepted under § 47-2887.04(b).

(b) The Mayor may refuse to issue a certificate of registration if the Mayor determines that the applicant has engaged in conduct that has a significant adverse effect on the applicant’s fitness to act as an athlete agent. In making the determination, the Mayor may consider whether the applicant has:

(1) Been convicted of a crime that, if committed in the District of Columbia, would be a crime involving moral turpitude or a felony;

(2) Made a materially false, misleading, deceptive, or fraudulent representation in the application or as an athlete agent;

(3) Engaged in conduct that would disqualify the applicant from serving in a fiduciary capacity;

(4) Engaged in conduct prohibited by § 47-2887.13;

(5) Had a registration or licensure as an athlete agent suspended, revoked, or denied or been refused renewal of registration or licensure as an athlete agent in any State;

(6) Engaged in conduct the consequence of which was that a sanction, suspension, or declaration of ineligibility to participate in an interscholastic or intercollegiate athletic event was imposed on a student-athlete or educational institution; or

(7) Engaged in conduct that significantly adversely reflects on the applicant’s credibility, honesty, or integrity.

(c) In making a determination under subsection (b) of this section, the Mayor shall consider:

(1) How recently the conduct occurred;

(2) The nature of the conduct and the context in which it occurred; and

(3) Any other relevant conduct of the applicant.

(d) An athlete agent may apply to renew a registration by submitting an application for renewal in a form prescribed by the Mayor. An application filed under this section is a public record. The application for renewal must be signed by the applicant under penalty of perjury and must contain current information on all matters required in an original registration.

(e) An individual who has submitted an application for renewal of registration or licensure in another State, in lieu of submitting an application for renewal in the form prescribed pursuant to subsection (d) of this section, may file a copy of the application for renewal and a valid certificate of registration or licensure from the other State. The Mayor shall accept the application for renewal from the other State as an application for renewal in the District of Columbia if the application to the other State:

(1) Was submitted in the other State within 6 months next preceding the filing in the District of Columbia and the applicant certifies the information contained in the application for renewal is current;

(2) Contains information substantially similar to or more comprehensive than that required in an application for renewal submitted in the District of Columbia; and

(3) Was signed by the applicant under penalty of perjury.

(f) A certificate of registration or a renewal of a registration is valid for 2 years.


(Apr. 13, 2002, D.C. Law 14-107, § 3, 49 DCR 1193).)

Section References

This section is referenced in § 47-2887.03 and § 47-2887.06.

Editor's Notes

Uniform Law: This section is based upon § 6 of the Uniform Athlete Agents Act.


§ 47–2887.06. Suspension, revocation, or refusal to renew registration.

(a) The Mayor may suspend, revoke, or refuse to renew a registration for conduct that would have justified denial of registration under § 47-2887.05(b).

(b) The Mayor may deny, suspend, revoke, or refuse to renew a certificate of registration or licensure only after proper notice and an opportunity for a hearing. Chapter 5 of Title 2 applies to this part.


(Apr. 13, 2002, D.C. Law 14-107, § 3, 49 DCR 1193).)

Editor's Notes

Uniform Law: This section is based upon § 7 of the Uniform Athlete Agents Act.


§ 47–2887.07. Temporary registration.

The Mayor may issue a temporary certificate of registration while an application for registration or renewal of registration is pending.


(Apr. 13, 2002, D.C. Law 14-107, § 3, 49 DCR 1193).)

Section References

This section is referenced in § 47-2887.03.

Editor's Notes

Uniform Law: This section is based upon § 8 of the Uniform Athlete Agents Act.


§ 47–2887.08. Registration and renewal fees.

(a) An application for registration or renewal of registration must be accompanied by a fee established pursuant to subsection (b) of this section.

(b) The Mayor shall, by rule, establish reasonable fees for:

(1) An initial application for registration;

(2) An application for registration based upon a certificate of registration or licensure issued by another State;

(3) An application for renewal of registration; and

(4) An application for renewal of registration based upon an application for renewal of registration or licensure submitted in another State.


(Apr. 13, 2002, D.C. Law 14-107, § 3, 49 DCR 1193).)

Editor's Notes

Uniform Law: This section is based upon § 9 of the Uniform Athlete Agents Act.


§ 47–2887.09. Required form of contract.

(a) An agency contract must be in a record, signed or otherwise authenticated by the parties.

(b) An agency contract must state or contain:

(1) The amount and method of calculating the consideration to be paid by the student-athlete for services to be provided by the athlete agent under the contract and any other consideration the athlete agent has received or will receive from any other source for entering into the contract or for providing the services;

(2) The name of any person not listed in the application for registration or renewal of registration who will be compensated because the student-athlete signed the agency contract;

(3) A description of any expenses that the student-athlete agrees to reimburse;

(4) A description of the services to be provided to the student-athlete;

(5) The duration of the contract; and

(6) The date of execution.

(c) An agency contract must contain, in close proximity to the signature of the student-athlete, a conspicuous notice in boldface type in capital letters stating:

WARNING TO STUDENT-ATHLETE IF YOU SIGN THIS CONTRACT:

(1) YOU MAY LOSE YOUR ELIGIBILITY TO COMPETE AS A STUDENT-ATHLETE IN YOUR SPORT;

(2) IF YOU HAVE AN ATHLETIC DIRECTOR, WITHIN 72 HOURS AFTER ENTERING INTO THIS CONTRACT, BOTH YOU AND YOUR ATHLETE AGENT MUST NOTIFY YOUR ATHLETIC DIRECTOR; AND

(3) YOU MAY CANCEL THIS CONTRACT WITHIN 14 DAYS AFTER SIGNING IT. CANCELLATION OF THIS CONTRACT MAY NOT REINSTATE YOUR ELIGIBILITY.

(d) An agency contract that does not conform to this section is voidable by the student-athlete. If a student-athlete voids an agency contract, the student-athlete is not required to pay any consideration under the contract or to return any consideration received from the athlete agent to induce the student-athlete to enter into the contract.

(e) The athlete agent shall give a record of the signed or otherwise authenticated agency contract to the student-athlete at the time of execution.


(Apr. 13, 2002, D.C. Law 14-107, § 3, 49 DCR 1193).)

Editor's Notes

Uniform Law: This section is based upon § 10 of the Uniform Athlete Agents Act.


§ 47–2887.10. Notice to educational institution.

(a) Within 72 hours after entering into an agency contract or before the next scheduled athletic event in which the student-athlete may participate, whichever occurs first, the athlete agent shall give notice in a record of the existence of the contract to the athletic director of the educational institution at which the student-athlete is enrolled or the athlete agent has reasonable grounds to believe the student-athlete intends to enroll.

(b) Within 72 hours after entering into an agency contract or before the next athletic event in which the student-athlete may participate, whichever occurs first, the student-athlete shall inform the athletic director of the educational institution at which the student-athlete is enrolled that he or she has entered into an agency contract.


(Apr. 13, 2002, D.C. Law 14-107, § 3, 49 DCR 1193).)

Editor's Notes

Uniform Law: This section is based upon § 11 of the Uniform Athlete Agents Act.


§ 47–2887.11. Student-athlete’s right to cancel.

(a) A student-athlete may cancel an agency contract by giving notice of the cancellation to the athlete agent in a record within 14 days after the contract is signed.

(b) A student-athlete may not waive the right to cancel an agency contract.

(c) If a student-athlete cancels an agency contract, the student-athlete is not required to pay any consideration under the contract or to return any consideration received from the athlete agent to induce the student-athlete to enter into the contract.


(Apr. 13, 2002, D.C. Law 14-107, § 3, 49 DCR 1193).)

Editor's Notes

Uniform Law: This section is based upon § 12 of the Uniform Athlete Agents Act.


§ 47–2887.12. Required records.

(a) An athlete agent shall retain the following records for a period of 5 years:

(1) The name and address of each individual represented by the athlete agent;

(2) Any agency contract entered into by the athlete agent; and

(3) Any direct costs incurred by the athlete agent in the recruitment or solicitation of a student-athlete to enter into an agency contract.

(b) Records required by subsection (a) of this section to be retained are open to inspection by the Mayor during normal business hours.


(Apr. 13, 2002, D.C. Law 14-107, § 3, 49 DCR 1193).)

Section References

This section is referenced in § 47-2887.13.

Editor's Notes

Uniform Law: This section is based upon § 13 of the Uniform Athlete Agents Act.


§ 47–2887.13. Prohibited conduct.

(a) An athlete agent, with the intent to induce a student-athlete to enter into an agency contract, may not:

(1) Give any materially false or misleading information or make a materially false promise or representation;

(2) Furnish anything of value to a student-athlete before the student-athlete enters into the agency contract; or

(3) Furnish anything of value to any individual other than the student-athlete or another registered athlete agent.

(b) An athlete agent may not intentionally:

(1) Initiate contact with a student-athlete unless registered under this part;

(2) Refuse or fail to retain or permit inspection of the records required to be retained by § 47-2887.12;

(3) Fail to register when required by § 47-2887.03;

(4) Provide materially false or misleading information in an application for registration or renewal of registration;

(5) Predate or postdate an agency contract; or

(6) Fail to notify a student-athlete before the student-athlete signs or otherwise authenticates an agency contract for a particular sport that the signing or authentication may make the student-athlete ineligible to participate as a student-athlete in that sport.


(Apr. 13, 2002, D.C. Law 14-107, § 3, 49 DCR 1193).)

Section References

This section is referenced in § 47-2887.05 and § 47-2887.14.

Editor's Notes

Uniform Law: This section is based upon § 14 of the Uniform Athlete Agents Act.


§ 47–2887.14. Criminal penalties; prosecution by Attorney General.

An athlete agent who violates § 47-2887.13 is guilty of a misdemeanor and, upon conviction, is punishable by not more than the amount set forth in [§ 22-3571.01] or imprisonment of 6 months, or both. Violations shall be prosecuted by the Attorney General for the District of Columbia in the name of the District of Columbia.


(Apr. 13, 2002, D.C. Law 14-107, § 3, 49 DCR 1193; Apr. 13, 2005, D.C. Law 15-354, § 73(l)(11), 52 DCR 2638; June 11, 2013, D.C. Law 19-317, § 286(y), 60 DCR 2064.)

Effect of Amendments

D.C. Law 15-354 substituted “Attorney General for the District of Columbia” for “Corporation Counsel”.

The 2013 amendment by D.C. Law 19-317 substituted “a fine of not more than the amount set forth in [§ 22-3571.01]” for “maximum fine of $10,000”.

Emergency Legislation

For temporary (90 days) amendment of this section, see § 286(y) of the Criminal Fine Proportionality Emergency Act of 2013 (D.C. Act 20-45, April 1, 2013, 60 DCR 5400, 20 DCSTAT 1300).

Editor's Notes

Uniform Law: This section is based upon § 15 of the Uniform Athlete Agents Act.

Applicability of D.C. Law 19-317: Section 401 of D.C. Law 19-317 provided that the act shall apply only to offenses committed on or after June 11, 2013.


§ 47–2887.15. Civil remedies.

(a) An educational institution has a right of action against an athlete agent or a former student-athlete for damages caused by a violation of this part. In an action under this section, the court may award to the prevailing party costs and reasonable attorney’s fees.

(b) Damages of an educational institution under subsection (a) of this section include losses and expenses incurred because, as a result of the conduct of an athlete agent or former student-athlete, the educational institution was injured by a violation of this part or was penalized, disqualified, or suspended from participation in athletics by a national association for the promotion and regulation of athletics, by an athletic conference, or by reasonable self-imposed disciplinary action taken to mitigate sanctions likely to be imposed by such an organization.

(c) A right of action under this section does not accrue until the educational institution discovers or by the exercise of reasonable diligence would have discovered the violation by the athlete agent or former student-athlete.

(d) Any liability of the athlete agent or the former student-athlete under this section is several and not joint.

(e) This part does not restrict rights, remedies, or defenses of any person under law or equity.


(Apr. 13, 2002, D.C. Law 14-107, § 3, 49 DCR 1193).)

Editor's Notes

Uniform Law: This section is based upon § 16 of the Uniform Athlete Agents Act.


§ 47–2887.16. Administrative penalty.

The Mayor may assess a civil penalty against an athlete agent not to exceed $25,000 for a violation of this part.


(Apr. 13, 2002, D.C. Law 14-107, § 3, 49 DCR 1193).)

Editor's Notes

Uniform Law: This section is based upon § 17 of the Uniform Athlete Agents Act.


§ 47–2887.17. Uniformity of application and construction.

In applying and construing this uniform part, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.


(Apr. 13, 2002, D.C. Law 14-107, § 3, 49 DCR 1193).)

Editor's Notes

Uniform Law: This section is based upon § 18 of the Uniform Athlete Agents Act.


§ 47–2887.18. Electronic Signatures in Global and National Commerce Act.

The provisions of this part governing the legal effect, validity, or enforceability of electronic records or signatures, and of contracts formed or performed with the use of such records or signatures conform to the requirements of section 102 of the Electronic Signatures in Global and National Commerce Act, approved June 30, 2000 (114 Stat. 467; 5 U.S.C. § 7002 ) (“Act”), and supersede, modify, and limit the Act.


(Apr. 13, 2002, D.C. Law 14-107, § 3, 49 DCR 1193).)

Editor's Notes

Uniform Law: This section is based upon § 19 of the Uniform Athlete Agents Act.


Part F. Veterinary Facility.

§ 47–2888.01. Definitions.

For the purposes of this part the term:

(1) “Animal shelter” means a private or government-owned facility established for the impoundment of stray, diseased, dangerous, sick, injured, abused, neglected, unwanted, abandoned, orphaned, lost, or otherwise displaced animals, with the intent to care for, quarantine, return to an owner, adopt out, or euthanize the animals.

(2) “Veterinary facility” means a fixed or mobile establishment where the practice of veterinary medicine is conducted. The term “veterinary facility” shall not include an establishment that is an animal shelter or a wildlife rehabilitation facility.

(3) “Wildlife rehabilitation facility” means a location where a licensed wildlife rehabilitator treats and provides temporary care of injured, diseased, orphaned, or displaced indigenous wild animals and provides for their subsequent release into appropriate habitats. A wildlife rehabilitation facility may be an individual’s home, a triage location, or a facility dedicated to wildlife rehabilitation.


(March 26, 2014, D.C. Law 20-96, § 302(b), 61 DCR 1184.)

Section References

This section is referenced in § 3-1201.01.


§ 47–2888.02. General prohibitions.

(a) It shall be unlawful for any person to own, operate, maintain, open, or establish a veterinary facility within the District without first having obtained a license from the Mayor.

(b) It shall be unlawful for any person other than a veterinarian licensed in the District to hold a license for a veterinary facility.

(c) This section shall not apply to a facility or agency operated by the federal government or the District.


(March 26, 2014, D.C. Law 20-96, § 302(b), 61 DCR 1184.)


§ 47–2888.03. Veterinary facility license, fees.

(a) The application for a veterinary facility license shall be made on a form to be prescribed by the Mayor and shall be accompanied by the required fee. Each application shall list each certificate of approval, authority, occupancy, and any other prerequisite required as a precondition for operation of a veterinary facility.

(b) A license shall be valid for a period of one year and shall be limited to the premises or the vehicle stated on the license. A license may be renewed for additional one-year periods upon payment of the appropriate fee.

(c) A license issued under this section shall be posted in a conspicuous place on the premises. A mobile facility license shall be posted in a conspicuous place on the vehicle.

(d) The Mayor may issue a license that clearly specifies the scope of the facility’s operation. The specifications shall not confer or denote an area of specialty by the veterinary facility or by the holder of the license. The Mayor shall determine the terms and restrictions that apply to the specifications by rulemaking.

(e) The initial fees shall be as follows:

(1) Original veterinary facility license, $195; and

(2) Renewal of veterinary facility license, $170.

(f) The Mayor may periodically adjust the fees by publishing notice in the District of Columbia Register 30 days before changing the fees.


(March 26, 2014, D.C. Law 20-96, § 302(b), 61 DCR 1184.)


§ 47–2888.04. Denial, suspension, or revocation of veterinary facility license.

(a) The Mayor may deny issuance or renewal of or suspend or revoke a license issued pursuant to this part for any one of a combination of the following reasons:

(1) Conviction of any person named on an application of any felony or any crime of moral turpitude, as defined in 3-1205.14(a)(4);

(2) A finding, after notice and an opportunity for a hearing, that any person named on an application has violated this part or any rules issued pursuant to this part;

(3) A finding by the Mayor that any provision of this part has been violated, or that any law or regulation of the District or of the United States relating to animals or drugs has been violated by any person named in the application for a veterinary facility; or

(4) Furnishing false or misleading information to the Mayor, failing to furnish information required by the Mayor, or refusing to allow an inspection in accordance with § 47-2888.05.

(b) The Mayor shall summarily suspend a license issued pursuant to this part whenever the Mayor finds that a veterinary facility’s failure to comply with a provision of this part or with any District or federal law or regulation applicable to the facility is of such a serious nature and magnitude that it presents an imminent danger to the health or safety of a person or animal. The Mayor shall impound any animals remaining at the facility without an owner present and shall care for those animals until they can be restored to their owners or adopted. The licensee shall be responsible for all costs incurred by the impoundment, care, restoration, or adoption of the impounded animals. The Mayor shall provide the licensee with written notice that states the action being taken, the basis of the action, and the right of the licensee to request a hearing within 5 days. The Mayor shall hold a hearing within 5 days of receiving a timely request, and shall issue a written decision, including findings of fact and conclusions of law, within 5 days of the conclusion of the hearing. The Mayor shall provide a copy of the decision to each party by mailing a copy to the licensee and the licensee’s counsel of record. A request for a hearing shall not act to stay the suspension pending the outcome of the hearing.


(March 26, 2014, D.C. Law 20-96, § 302(b), 61 DCR 1184.)


§ 47–2888.05. Inspections.

(a) A person designated by the Mayor is authorized, after presenting proper identification, to enter at reasonable times any veterinary facility for the purpose of making inspections to determine compliance with this part or other laws or regulations regarding the practice of veterinary medicine.

(b) An inspection may include:

(1) Examining and copying records; and

(2) Examining operating equipment, systems, and components to determine the sanitary and safety conditions at a facility.

(c) The Mayor may issue subpoenas to obtain records.


(March 26, 2014, D.C. Law 20-96, § 302(b), 61 DCR 1184.)

Section References

This section is referenced in § 47-2888.04.


§ 47–2888.06. Animal licenses.

A licensed veterinarian may issue animal licenses. The veterinarian shall collect the required fees and may collect an additional $2 for each license issued as reimbursement for administrative costs.


(March 26, 2014, D.C. Law 20-96, § 302(b), 61 DCR 1184.)


§ 47–2888.07. Penalties.

(a) Any person who violates any provision of this part, or rules promulgated pursuant to this part, that results in physical harm to an animal shall be subject to a fine for each offense of not more than $10,000, imprisonment for not more than 90 days, or both. Each day of violation shall constitute a separate offense, and the penalties prescribed herein shall apply to each offense; provided, that the total fine shall not exceed $100,000 and the aggregate imprisonment term shall not exceed 6 months.

(b) Any person who intentionally impedes a District employee in the performance of his or her official duties shall be subject to a fine for each offense of not more than $1,000, imprisonment for not more than 90 days, or both.

(c) Any person who knowingly notifies a licensee or employee of a licensee, directly or indirectly, that an unannounced inspection will occur shall be subject to a fine of not more than $5,000, imprisonment for not more than 90 days, or both.

(d) Prosecutions for violations of this part shall be brought in the name of the District of Columbia in the Superior Court of the District of Columbia by the Office of the Attorney General for the District of Columbia.

(e) Civil fines, penalties, and fees may be imposed as alternative sanctions for any infraction of the provisions of this part pursuant to Chapter 18 of Title 2. Adjudication of any infraction of this part shall be pursuant to Chapter 18 of Title 2 [§ 2-1801 et seq.].


(March 26, 2014, D.C. Law 20-96, § 302(b), 61 DCR 1184.)


§ 47–2888.08. Rules.

The Mayor, pursuant to subchapter I of Chapter 5 of Title 2 [§ 2-501 et seq.], shall issue rules to implement the provisions of this part.


(March 26, 2014, D.C. Law 20-96, § 302(b), 61 DCR 1184.)

Editor's Notes

Section 401(b) of D.C. Law 20-96 provided that rules promulgated pursuant to the Veterinary Practice Act of 1982 shall remain in effect until the Mayor promulgates rules to implement D.C. Law 20-96.