For the purposes of this subchapter, the term:

1. (1)

   1. (A) “Applicant” means:

      1. (i) An individual, business, or other entity that applies for the license or permit; and
      2. (ii) Any person that owns a majority interest in the business or other entity; provided, that this sub-subparagraph shall not apply to a majority interest in a publicly-traded corporation.

   2. (B) For the purposes of this paragraph, the term “majority interest” means:

      1. (i) In the case of a corporation, more than 50% of the total combined voting power of all classes of stock of the corporation or more than 50% of the total value of all of the corporation;
      2. (ii) In the case of a partnership, or entity treated as a partnership, more than 50% of the total interest in the capital or profits of a partnership or entity treated as a partnership; or
      3. (iii) In the case of a trust, more than 50% of the beneficial interest in a trust.
2. (1A) “District government” means the Mayor, any executive branch or independent agency except the courts, the District of Columbia Water and Sewer Authority, or any board or commission other than the Alcohol Beverage Control Board.
3. (1B) “District of Columbia Water and Sewer Authority service fees” or “service fees” means all fees or charges, including penalty and interest, billed by the District of Columbia Water and Sewer Authority.

4. (2) “License” and “permit” means any license or permit issued by the District government, except that the terms “license” and “permit” shall not include:

   1. (A) Any license or permit required pursuant § 6-1401 et seq.;
   2. (B) Any license or permit determined by the Mayor to be necessary to secure, remove, or otherwise remedy an unsafe and hazardous condition that presents an immediate threat to public health or safety; or
   3. (C) Beginning on October 1, 2023, any operator's permit or identification card issued pursuant to §§ 50-1401.01 through 50-1405.01.
5. (3) “Mayor” means the Mayor of the District of Columbia.
6. (4) “Taxes” means any tax or fee, including any penalties or interest associated with such tax or fee, administered by the District of Columbia Department of Finance and Revenue or its successor agency.

History

May 11, 1996, D.C. Law 11-118, § 2, 43 DCR 1191

enacted, Apr. 9, 1997, D.C. Law 11-254, § 2, 44 DCR 1575

Oct. 21, 2000, D.C. Law 13-183, § 2(b), 47 DCR 7062

Mar. 2, 2007, D.C. Law 16-192, § 1011(b), 53 DCR 6899

Sept. 21, 2022, D.C. Law 24-174, § 2

References in Text

Pursuant to the Office of the Chief Financial Officer’s “Notice of Public Interest” published in the April 18, 1997, issue of the District of Columbia Register ( 44 DCR 2345) the Office of Tax and Revenue assumed all of the duties and functions previously performed by the Department of Finance and Revenue, as set forth in Commissioner’s Order 69-96, dated March 7, 1969. This action was made effective January 22, 1997, nunc pro tunc.

Short Title

Short title: Section 1010 of D.C. Law 16-192 provided that subtitle B of title I of the act may be cited as the Clean Hands Licensing Revision Act of 2006.

Emergency Legislation

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

Effect of Amendments

D.C. Law 16-192 rewrote par. (1); redesignated former par. (1A) as (1B); and added par. (1A). Prior to amendment, par. (1) read as follows: “(1) ”District government“ means the Mayor, any executive branch or independent agency excluding the courts, or any board or commission of the government of the District of Columbia or the District of Columbia Water and Sewer Authority.”

D.C. Law 13-183 added at the end of par. (1) “or the District of Columbia Water and Sewer Authority”, and added par. (5).

Prior Codifications

1981 Ed., § 47-2861.

Section References

This section is referenced in § 25-301.

Applicability

Applicability of D.C. Law 24-174: § 3 of D.C. Law 24-174 provided that the change made to this section by § 2(c) of D.C. Law 24-174 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.

According to the Office of the Budget Director, D.C. Law 24-174 is currently funded. Therefore, the amendment to this section made by D.C. Law 24-174 has been implemented.