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(1) Notwithstanding any other provision of law, the department shall be authorized, after October 1, 2005, upon due notice and hearing, to impose civil penalties for the violation of any provision of this subchapter. The department shall have the power to render decisions and orders and to impose civil penalties not to exceed the amounts specified in section 20-699.2 of this subchapter for each such violation. All proceedings authorized pursuant to this subdivision shall be conducted in accordance with rules promulgated by the commissioner. The remedies and penalties provided for in this subdivision shall be in addition to any other remedies or penalties provided for the enforcement of such provisions under any other law including, but not limited to, civil or criminal actions or proceedings.
(2) All such proceedings shall be commenced by the service of a notice of violation returnable to the administrative tribunal of the department. The commissioner shall prescribe the form and wording of notices of violation. The notice of violation or copy thereof when filled in and served shall constitute notice of the violation charged, and, if sworn to or affirmed, shall be prima facie evidence of the facts contained therein. In addition to serving the notice on the person being charged, where written authorization is filed with the department, the department shall deliver by first class mail a copy of the notice to the corporate headquarters or wholesale supplier of such person.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2004/055.
Subchapter 13: Motion Picture Theaters
a. Definitions. As used in this section, the following terms have the following meanings:
Motion picture. The term "motion picture" means a story or event recorded by a camera as a set of moving images.
Motion picture theater. The term "motion picture theater" means an entity in the business of providing showings of motion pictures to the general public.
Open motion picture captioning. The term "open motion picture captioning" means the written, on-screen display of a motion picture's dialogue and non-speech information, including music, the identity of the character who is speaking, and other sounds and sound effects.
Peak motion picture attendance hours. The term "peak motion picture attendance hours" means the hours between 5:59 p.m. and 11:01 p.m. on Friday and the hours between 11:29 a.m. and 11:01 p.m. on Saturday or Sunday.
b. Open motion picture captioning required. A motion picture theater that offers more than 10 motion picture showings per week shall provide scheduled showings of motion pictures with open motion picture captioning such that at least one quarter of all showings of a motion picture with four or more showings during a one-week time period shall have open motion picture captioning, except that no more than four open captioning showings of a single motion picture shall be required in a one-week time period.
c. Exceptions. A motion picture that is produced and distributed without open motion picture captioning is not subject to the provisions of subdivision b of this section.
d. Timing.
1. At least half of the scheduled showings required pursuant to subdivision b of this section shall begin and end within peak motion picture attendance hours, unless fewer than 1 in 8 showings of a motion picture is screened during peak motion picture attendance hours, in which case this requirement is met if all screenings of such motion picture during peak motion picture attendance hours have open motion picture captioning.
2. At least half of the scheduled showings required pursuant to subdivision b of this section that are scheduled outside of peak motion picture attendance hours shall start after 5:59 p.m. and finish before 11:01 p.m. on Mondays, Tuesdays, Wednesdays or Thursdays, unless fewer than 1 in 8 showings of a motion picture is screened after 5:59 p.m. on Mondays, Tuesdays, Wednesdays or Thursdays, in which case this requirement is met if all screenings of such motion picture during such times have open motion picture captioning.
3. No showing of a motion picture with open motion picture captioning that overlaps with another showing of a motion picture with open motion picture captioning shall be counted toward the minimum number of showings required by this section except where it is not practicable to avoid such overlap.
4. Nothing in this subchapter shall prevent a motion picture theater from showing more motion pictures with open captioning than required by subdivision b of this section.
e. Public notice. A motion picture theater subject to the provisions of subdivision b of this section shall advertise the date and time of motion picture showings required by subdivision b in the same manner as the motion picture theater advertises all other motion picture showings and shall indicate which showings will include open motion picture captioning.
f. Records. Every motion picture theater shall maintain documents sufficient to demonstrate compliance with the requirements of this subchapter for a period of at least three years.
g. Violations. Any motion picture theater that violates any of the provisions of this section shall be subject to a civil penalty of not less than $100 nor more than $500 for each violation.
(L.L. 2022/037, 1/15/2022, eff. 5/15/2022)
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