D.C. Mun. Regs. tit. 16, r. 16-1601

Current through Register Vol. 71, No. 49, December 6, 2024
Rule 16-1601 - SEALING OF PREMISES
1601.1

If any premises are primarily used to operate a massage establishment or health spa without a basic business license or engage in activity that violates any provision of D.C. Official Code §§ 22-2701, 22-2705 through 22-2707, or 22-2710 through 22-2712, the Director may order the sealing of the premises, or portion of the premises, for up to sixty (60) days, in accordance with the provisions of D.C. Official Code § 2-1801.06.

1601.2

An order issued by the Director pursuant to § 1601.1 shall be accompanied by findings of fact and conclusions of law.

1601.3

A finding that the premises are primarily used to engage in activity that violates D.C. Official Code §§ 22-2701, 22-2705 through 22-2707, or 22-2710 through 22-2712 may be based, among other things, on a totality of the circumstances at the premises, including, but not limited to, the presence of furnishings or sexually-oriented items that are more suited for prostitution than for lawful commercial use of the premises.

1601.4

During the period of time that the premises, or portion of the premises, are ordered sealed pursuant to § 1601.1, any unauthorized entry at the premises shall be grounds for the Director to extend the order sealing the premises for up to an additional one hundred eighty (180) days.

1601.5

For a period of one hundred eighty (180) days after the lifting of an order sealing the premises, or portions of the premises, any further use of the premises to operate a massage establishment or health spa without a license or engage in activity that violates any provision of D.C. Official Code §§ 22-2701, 22-2705 through 22-2707, or 22-2710 through 22-2712 shall be grounds for the Director to order the sealing of the premises for a new period of up to one hundred eighty (180) days.

D.C. Mun. Regs. tit. 16, r. 16-1601

Notice of Final Rulemaking published at 56 DCR 8837 (November 13, 2009)
Authority: D.C. Official Code § 47-2844 (a-1) and Mayor's Order 09-163, dated September 25, 2009; section 105 of the Department of Consumer and Regulatory Affairs Civil Infractions Act of 1985, effective October 5, 1985 (D.C. Law 6-42; D.C. Official Code § 2-1801.05) (2007 Rpl.) and Mayor's Order 99-68, dated April 28, 1999; and D.C. Official Code § 47-2851.20