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Subject: Reporting Violations of
the A.B.C. Regulation. and the “General
License Law”
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Series Number Change 401
04 Effective Date
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The Purpose of this
order is to establish the policy and procedures to be followed by members of
the department reporting violations of the Alcoholic Beverage Control
Regulation. and the “General License Law.” This order
consists of the following parts:
PART I Responsibilities and Procedures for Members
of the Department
PART II Responsibilities and Procedures for Special
Assignment Personnel
PART III Responsibilities and Procedures for
Supervisory and Command Personnel
PART I
A. Reporting Violations of A.B.C. Regulations.
1. All
violations of the A.B.C. Regulations by holders of licenses issued under the
authority of the Alcoholic Beverage Control Act shall be reported to the
appropriate agency of the government of the
2. Members
of the force who observe violations of the A.B.C.
Regulations
in or about any A.B.C. licensed premises shall take such immediate and proper
police action as the circumstances demand and shall immediately notify the
official then in charge of the district in which the violation occurred,
3. Members
of the force shall report violations of the A.B.C. Regulations as follows:
a. A PD
Form 251 shall be used when the police action taken involved arrest for the
A.B.C. violation.
b. A
PD Form 253 shall be used when the police action taken did not involve an
arrest.
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NOTE: In cases where police action is taken
within A.B.C. licensed premises for an A.B.C. violation another type violation or crime (e.g.,
a minor has been drinking alcoholic beverages in the premises and assaults a
customer), only one report containing information on both incidents is needed.
4. It
shall be the duty of the arresting officer to invite the attention of the
station force to the fact that the defendant was arrested in a licensed A.B.C.
establishment wd that an alcoholic beverage control
report will be submitted. In view of the fact that an alcoholic beverage
license is a valuable property right to the licensee, it should be anticipated
that such persons, when appearing as respondents before the hoard, will defend
themselves actively, because such licensees realize that, if convicted, thee
may lose their licenses to operate such businesses within the District. A sufficient
number of police officers who have knowledge of the arrested person’s condition
and the circumstances surrounding the arrest shall be listed a. witnesses for
appearance before the Alcoholic Beverage Control Board. In all cases there must
be corroborative police witnesses.
5. In instances where persons under 21 years of ape hut not
under
18 years of age are discovered intoxicated, the discovering / arresting officer shall follow the policy and procedures for handling intoxicated persons. In addition, the discovering/arresting officer shall make ever’ effort to ascertain if the intoxicant. were unlawfully obtained by the intoxicated person. In the event a violation of the A.B.C. Regulations is indicated, the discovering/arresting officer shall immediately notify the official In command of his district: and if the violation occurred in a district other than that to which he is assigned, the discovering/arresting officer shall immediately notify the official in command of the district concerned. The discovering / arresting officer shall then prepare a PT) Pore 253 or PD Pore 251 where applicable, which shall include the intoxicated person's ape, date and place of birth, address, and full name of the father and anther with their addresses. This information is necessary so that the A.B.C. Board may obtain birth certificates. In cases where the A.B.C. violation occurred in another district, the discovering/arresting officer shall note at the time of the report the following information: "One copy to be sent to No. District.”
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6. In
instances where persons under 18 years (juveniles) are discovered intoxicated,
the discovering / arresting officer shall immediately notify a district Youth
Services Officer or a Youth Division Officer (See General Order 305.1 Handling
of Juveniles.).
N. Reporting Incidents Occurring Within
A.B.C. Premises.
1. in
cases where police action is taken within A.B.C.
licensed premises for an incident that is not a violation
of the A.B.C. regulations and where there is no A.B.C. Regulation violation
indicated,
the officer making the report shall write the following
notation in item 36 on the PD Form 251 or item 31 on the PD Fore 253:
“No
A.B.C. Regulation Violation indicated.”
2. This
notation will alert the A.B.C. Board that no supplemental report will be
forwarded to the board unless specifically requested. However, one copy of the
PD Form 251 or 253 shall be forwarded to the A.B.C. Board; one copy shall be
placed in the district vice numerical files: and one copy shall be forwarded to
the Director, Morals Division.
C. Examining Draft Card.
Occasionally it
becomes necessary, for an officer to request a patron of a licensed A.B.C.
establishment to exhibit proof of age. Among the various types of evidence of
age submitted to the officer for his examination is the Selective Service
System Registration Certificate or ‘draft card.’ It has been known that
unauthorized holders of these draft cards have altered them, principally with
respect to birth dates. Unlawful alterations can be detected, in many
instances, by checking against information contained elsewhere on the card, for
example, ‘49 6 40 123,’ a series of individually grouped, coded serial numbers
which appears on the face of the card, The first coded number on the card
denotes the area in which the holder registered. In the case of local
registrants, the number will be “49”: the second of the coded numbers
represents the local draft board number, These numbers can be cross—checked
with the local board and its location found on the reverse side of the card:
the third of the coded numbers denotes the year the registrant was born and
should be the same as the year indicated for ‘date of birth” on the front of
the card: the fourth of the coded numbers merely denotes the chronological
sequence of registration by the registrant on a given date,
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D. “General license Law,”
1. Under the provisions of the Act of Congress, approved July 1,
1902, and amended by subsequent Acts of Congress, known as the ‘General License
Law,” (District of Columbia Code, title 47, chapters 23-45), the District of
Columbia Council is vested with authority to revoke any license Issued there
under when, in the opinion of the council, It is deemed desirable in the
interest of public decency or the protection of life, limb, health, comfort. and quiet of the citizens of the
2. When
it comes to the attention of an’ member of the force that an establishment
licensed under the provisions of the “General License Law” is being operated in
violation of existing laws and regulations or when the owner or proprietor is
permitting the unlawful use of the premises, and where such unlawful use can
he substantiated by the testimony of police officers or civilians, such member
of the force shall, in addition to taking such adequate and proper police
action as the circumstances may demand, submit to the Central Records Division,
a PD Pore 253 when the violation does not Involve an arrest and a PD Fore 251
when an arrest is made.
3. Particular
attention shall he given to licensed premises suspected of any of the following
conditions with a view of complying with the contents of this order:
a. Prostitution
or solicitation for immoral purposes.
b. Illegal
sales of intoxicating beverages.
c. Frequent
assemblies of persons known to be of
immoral habits, with the knowledge of the owner or
proprietor.
d. Gambling.
e. Repeated
and veil-founded complaints from citizens of boisterous and other disorderly
conduct by persons frequenting such licensed premises.
f. Drug
abuse.
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PART II
A. Distribution of Reports.
One copy of the PD
Form 253 or PD Form 251, reporting violations of the A. B.C. or “General
License Laws,” shall be placed in the district vice numerical file. The
original of the PD Pore 253 or PD Form 251 together with statements of the
witnesses shall be forwarded to the Central Records Division where copies shall
be made and distributed to the Alcoholic leverage Control Board: the
superintendent. License and Inspections:
the Director, Morals Division: and to another district when applicable. A copy
of the report shall be filed with the Central Records Division.
B. Corroboration.
Officers assigned to
duty in station houses shall carefully observe the conditions of defendants who
are alleged to be Intoxicated when, as a result of their arrest, a report is
likely to be made to the Alcoholic leverage Control Board.
C. Youth Officers.
When a district
Youth Services Officer or Youth Division Officer is notified that a juvenile
under the age of 18 years is in violation of the A.B.C. Regulations, he shall
process the respondent for the violation. In addition, the Youth Officer shall
report the violation to the official then in charge of the district in which it
occurred.
PART III
A. District Officials.
The official then in
charge of the district in which an A.B.C. violation occurs shall be responsible
for conducting a complete investigation of the reported violation, to Include
violations involving juveniles. The investigation shall include statements from
all members of the force involved and other witnesses who may have knowledge of
the violation. The results of the Investigation shall be entered on PD Form 252
(Supplement Report): and the copy, together with copies of the statements of
the witnesses, shall be placed in the district vice numerical file. The
original shall be forwarded, together with the statements of the witnesses, to
the Central Records Division.
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B. Director, Morals Division.
1. The
Alcoholic Beverage Control Board frequently receives information concerning
alleged or possible violations of law on licensed premises of which are
primarily the responsibility of this department (e.g., selling whiskey without
a license, soliciting prostitution and gambling.)
2. The
A.B.C. Board will forward a report. In triplicate, of these alleged violations
to this department through the Director,
Morals
Division, who shill note on one of the copies the receipt of the information
and return this copy to the A.B.C. Board. The Director, Morals Division, shall
then take the necessary action on the information received. One copy of the
report shall be sent to the district concerned to be filed for future
reference.
General Order No.
401.4
(Revised