D.C. Code § 25-836

Current through codified legislation effective September 18, 2024
Section 25-836 - Security plans and security cameras
(a) The following license holders shall be required to file and maintain a written and compliant security plan with the Board:
(1) Nightclubs; and
(2) Any other license holder that the Board, in its discretion, requires that the license holder submit a written security plan.
(b) If a security plan is required in accordance with subsection (a) of this section, no license shall be approved, issued, or renewed unless the applicant has a security plan in compliance with the requirement on file with the Board.
(c) In accordance with subsection (a)(2), the Board may require a licensee to file a security plan by providing the licensee with written notice of the requirement.
(d) The Board may suspend the license of any licensee that fails to file or maintain a compliant security plan within 15 days after receiving written notice from the Board of the security plan requirement until the Board is satisfied that a compliant security plan has been submitted.
(e) A written security plan filed pursuant to this subsection shall include at a minimum:
(1) A statement on the type of security training provided for, and completed by, establishment personnel, including:
(A) Conflict resolution;
(B) Procedures for handling violent incidents, other emergencies, and calling the Metropolitan Police Department; and
(C) Procedures for crowd control and preventing overcrowding;
(2) Procedures for permitting patrons to enter the establishment;
(3) A description of how security personnel are stationed inside and in front of the establishment;
(4) The number and location of security cameras used by the establishment;
(5) Procedures to prevent patrons from becoming intoxicated;
(6) Procedures to ensure that only persons 21 years or older are served or consume alcohol;
(7) Procedures for maintaining an incident log; and
(8) Procedures for preserving a crime scene.
(f) A licensee may amend or replace an existing security plan on file with the Board by filing a new security plan that is compliant with this section.
(g) A licensee who is required by the Board, pursuant to a Board Order or by the terms of a security plan or a settlement agreement, or who voluntarily installs and utilizes security cameras on the licensed premises, shall:
(1) Ensure that the security cameras are operational, capable of recording, and actually recording while the establishment is in operation;
(2) Maintain any video footage of a crime of violence or a crime involving a gun for a minimum of 30 calendar days;
(3) Make the video footage available within 48 hours upon the request of an ABCA investigator or any member of the Metropolitan Police Department; and
(4) Ensure that the establishment and security cameras comply with all technological and operational standards, such as resolution, frame per record, storage, retention, and image quality standards, that the Board may establish by regulation.
(h) If the licensee knows or reasonably should have known that the cameras are not operational and capable of recording, the licensee shall notify the Board within 10 calendar days of when the licensee knew or reasonably should have known that the cameras are not operating and provide the Board with proof of corrective maintenance or replacement.
(i)
(1) A security plan that has been amended by the licensee after initial submission to the Board must be filed with the Board within 10 calendar days of the amended plan.
(2) If the licensee has been previously issued a written warning about timely compliance with paragraph (1) of this subsection, the failure to comply with paragraph (1) of this subsection may result in the Board issuing a fine against the licensee or suspending or revoking the license in accordance with Chapter 8 of this title.

D.C. Code § 25-836

Added by D.C. Law 24-127,§ 2, 69 DCR 008332, eff. 6/30/2022.