§ 47–2862. Prohibition against issuance of license or permit.

(a) Notwithstanding any other provision of law, the District government shall not issue or reissue a license or permit to any applicant for a license or permit if the applicant:

(1) Owes the District more than $100 in outstanding fines, penalties, or interest assessed pursuant to the following acts or any regulations promulgated under the authority of the following acts, the:

(A) Litter Control Administrative Act of 1985, effective March 25, 1986 (D.C. Law 6-100; D.C. Official Code § 8-801 et seq.);

(B) Illegal Dumping Enforcement Act of 1994, effective May 20, 1994 (D.C. Law 10-117; D.C. Official Code § 8-901 et seq.);

(C) District of Columbia Traffic Adjudication Act of 1978, effective September 12, 1978 (D.C. Law 2-104: D.C. Official Code § 50-2301.01 et seq.);

(D) Department of Consumer and Regulatory Affairs Civil Infractions Act of 1985, effective October 5, 1985 (D.C. Law 6-42; D.C. Official Code § 2-1801.01 et seq.);

(E) Department of For-Hire Vehicles Establishment Act of 1985, effective March 25, 1986 (D.C. Law 6-97; D.C. Official Code § 50-301.01 et seq.); or

(F) The Compulsory/No-Fault Motor Vehicle Insurance Act of 1982, effective September 18, 1982 (D.C. Law 4-155; D.C. Official Code § 31-2401 et seq.);

(2) Owes the District more than $100 in past due taxes;

(3) Owes fines assessed to car dealers pursuant to § 50-1501.02(i);

(4) Owes parking fines or penalties assessed by another jurisdiction; provided, that a reciprocity agreement is in effect between the jurisdiction and the District;

(5) Owes past due District of Columbia Water and Sewer Authority service charges or fees;

(6) Owes a vehicle conveyance fee, as that term is defined in § 50-2302.01(i);

(7) Owes the District more than $100 in outstanding fines, penalties, or interest;

(8) Has failed to file required District tax returns; or

(9) Owes the District any past due fines, penalties, or past due restitution on behalf of an employee due to a violation of Chapter 13 of Title 32, Chapter 1A of Title 32, Chapter 10 of Title 32, or Subchapter X-A of Chapter 2 of Title 2.

(b) For purposes of this section, if: (A) the amount of outstanding debt over $100 is subject to dispute, (B) the applicant has properly and timely appealed the infraction, assessment, tax, or basis for the alleged debt, and (C) the appeal is pending, then the outstanding debt shall not be cause for the District government to deny the issuance or reissuance of any license or permit pursuant to subsection (a) of this section. Nothing in this section shall be construed as allowing the nonpayment of any tax, fee, fine, penalty, or any other debt owed to the District government for which payment is required by other law.

(c) A license or permit shall not be denied pursuant to subsection (a) of this section if the applicant has agreed to a payment schedule to eliminate the outstanding debt, the payment schedule has been agreed to by the District government, the applicant is complying with the payment schedule, and the payment schedule is otherwise permitted by law.

(d) This section shall not apply to an applicant for a block party permit pursuant to [Chapter 6A of Title 9, § 9-631 et seq.].

(May 11, 1996, D.C. Law 11-118, § 3, 43 DCR 1191; enacted, Apr. 9, 1997, D.C. Law 11-254, § 2, 44 DCR 1575; Mar. 24, 1998, D.C. Law 12-81, § 59(j), 45 DCR 745; Oct. 21, 2000, D.C. Law 13-183, § 2(c), 47 DCR 7062; Apr. 27, 2001, D.C. Law 13-289, § 601, 48 DCR 2057; Apr. 8, 2005, D.C. Law 15-307, § 201, 52 DCR 1700; Mar. 2, 2007, D.C. Law 16-191, §§ 81, 94, 53 DCR 6794; Mar. 2, 2007, D.C. Law 16-192, §§ 1011(c), 1013, 53 DCR 6899; Mar. 14, 2007, D.C. Law 16-279, § 209(b), 54 DCR 903; Mar. 20, 2009, D.C. Law 17-303, § 2, 55 DCR 12803; Mar. 25, 2009, D.C. Law 17-353, § 164(a)(1), 56 DCR 1117; Sept. 20, 2012, D.C. Law 19-168, § 1054(b)(1), 59 DCR 8025; Oct. 23, 2012, D.C. Law 19-190, § 6, 59 DCR 10163; Dec. 24, 2013, D.C. Law 20-61, § 7192, 60 DCR 12472; Feb. 26, 2015, D.C. Law 20-157, § 5, 61 DCR 10157; June 22, 2016, D.C. Law 21-124, § 501(f), 63 DCR 7076.)

Prior Codifications

1981 Ed., § 47-2862.

Applicability of D.C. Law 20-223: Section 301(a) of D.C. Law 20-223 provided (1) that § 101 of the act shall apply for the tax year in which its fiscal effect has been included in an approved budget and financial plan; (2) that the Chief Financial Officer shall certify the date of the inclusion of the fiscal effect in an approved budget and financial plan, and provide notice to the Budget Director of the Council of the certification; and (3) that the Budget Director shall cause the notice of the certification to be published in the District of Columbia Register and that the date of publication of the notice of the certification shall not affect the applicability of § 101.

Section References

This section is referenced in § 25-301, § 47-2863, § 47-2865, § 47-2866, and § 50-1501.02.

Effect of Amendments

D.C. Law 13-183 added par. (5).

D.C. Law 13-289, in subsec. (a), added par. (6).

D.C. Law 15-307, in subsec. (a), added pars. (7), (8), and (9).

D.C. Law 16-191, in subsec. (a), validated previously made technical corrections in pars. (5) to (7), and inserted “or” at the end of par. (8), and repealed par. (9) which had read as follows: “(9) Fines assessed to pursuant to the Taxicab and Limousine Commission Establishment Amendment Act of 2004, as approved by the Committee on Public Works and the Environment on December 6, 2004 (Committee print of Bill 15-1085).”

D.C. Law 16-192, in subsec. (a), substituted “Notwithstanding any other provision of law except § 25-301(b), the District government shall not issue or reissue any license or permit to any applicant for a license or permit if the applicant has failed to file required District tax returns or” for “Notwithstanding any other provision of law, the District government shall not issue or reissue any license or permit to any applicant for a license or permit if the applicant”.

D.C. Law 16-279 rewrote subsec. (a), which formerly read:

“(a) Notwithstanding any other provision of law, the District government shall not issue or reissue any license or permit to any applicant for a license or permit if the applicant owes more than $100 in outstanding debt to the District as a result of:

“(1) Fines, penalties, or interest assessed pursuant to Chapter 8 of Title 8;

“(2) Fines or penalties assessed pursuant to Chapter 9 of Title 8;

“(3) Fines, penalties, or interest assessed pursuant to Chapter 18 of Title 2;

“(4) Past due taxes;

“(5) Past due District of Columbia Water and Sewer Authority service fees;

“(6) Fines or penalties assessed pursuant to Chapter 23 of Title 50;

“(7) Parking fines or penalties assessed by another jurisdiction; provided, that a reciprocity agreement is in effect between the jurisdiction and the District;

“(8) Fines assessed to car dealers pursuant to § 50-1501.02(i) ;

“(9) Fines assessed to pursuant to the Taxicab and Limousine Commission Establishment Amendment Act of 2004, as approved by the Committee on Public Works and the Environment on December 6, 2004 (Committee print of Bill 15-1085).”

D.C. Law 17-303, in subsec. (a), deleted “or” from the end of par. (4), substituted “; or” for a period at the end of par. (5), and added par. (6).

D.C. Law 17-353, in subsec. (a)(1)(F), inserted a semicolon at the end.

The 2012 amendment by D.C. Law 19-168 added (a)(7) and made related changes.

The 2012 amendment by D.C. Law 19-190 added (d).

The 2013 amendment by D.C. Law 20-61 added (a)(8) and made related changes.

The 2015 amendment by D.C. Law 20-157 added (a)(9) and made related changes.

Emergency Legislation

For temporary (90 day) amendment of section, see §§ 1011(c), 1013 of Fiscal Year 2007 Budget Support Emergency Act of 2006 (D.C. Act 16-477, August 8, 2006, 53 DCR 7068).

For temporary (90 day) amendment of section, see § 1011(c), 1013 of Fiscal Year 2007 Budget Support Congressional Review Emergency Act of 2006 (D.C. Act 16-499, October 23, 2006, 53 DCR 8845).

For temporary (90 day) amendment of section, see §§ 13 and 20 of Finance and Revenue Technical Amendments Second Emergency Amendment Act of 2006 (D.C. Act 16-585, December 28, 2006, 54 DCR 340).

For temporary (90 day) amendment of section, see §§ 1011(c), 1013 of Fiscal Year 2007 Budget Support Congressional Review Emergency Act of 2007 (D.C. Act 17-1, January 16, 2007, 54 DCR 1165).

For temporary (90 day) amendment of section, see § 1054(b)(1) of Fiscal Year 2013 Budget Support Emergency Act of 2012 (D.C. Act 19-383, June 19, 2012, 59 DCR 7764).

For temporary (90 day) amendment of section, see § 1054(b)(1) of Fiscal Year 2013 Budget Support Congressional Review Emergency Act of 2012 (D.C. Act 19-413, July 25, 2012, 59 DCR 9290).

For temporary (90 days) amendment of this section, see § 7192 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 § 7192 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).

For temporary (90 days) repeal of D.C. Law 20-157, § 7, see § 2(c) of the Wage Theft Prevention Correction and Clarification Emergency Amendment Act of 2014 (D.C. Act 20-544, Dec. 29, 2014, 62 DCR 243, 20 STAT 4458).

For temporary (90 days) repeal of D.C. Law 20-157, § 7, see § 4 of the Wage Theft Prevention Correction and Clarification Emergency Amendment Act of 2015 (D.C. Act 21-188, Oct. 27, 2015, 62 DCR 14224).

For temporary (90 days) repeal of D.C. Law 20-157, § 7, see § 4 of the Wage Theft Prevention Correction and Clarification Congressional Review Emergency Amendment Act of 2016 (D.C. Act 21-293, Jan. 27, 2016, 63 DCR 1215).

Temporary Legislation

For temporary (225 days) repeal of D.C. Law 20-157, § 7, see § 4 of the Wage Theft Prevention Correction and Clarification Temporary Amendment Act of 2014 (D.C. Law 20-240, March 13, 2015, 62 DCR 1332).

For temporary (225 days) repeal of D.C. Law 20-157, § 7, see § 4 of the Wage Theft Prevention Correction and Clarification Temporary Amendment Act of 2015 (D.C. Law 21-57, Jan. 30, 2016, 62 DCR 15602).

Short Title

Section 7191 of D.C. Law 20-61 provided that Subtitle S of Title VII of the act may be cited as the “Clean Hands Act of 2013”.

References in Text

The Taxicab and Limousine Commission Establishment Amendment Act of 2004 (Bill 15-1085), referred to in subsec. (a)(9), was never approved by the committee and after December 31, 2004, has no possibility of enactment.

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.

Applicability of D.C. Law 20-157: Section 7 of D.C. Law 20-157 provided that the act shall apply as of October 1, 2014, and that the act shall apply to violations occurring after October 1, 2014.