§ 10–1053. Community Restroom Incentive Pilot Program.

(a) There is established the Community Restroom Incentive Pilot Program ("Pilot Program"), to be administered and enforced by the Mayor, to provide funding, pursuant to rules issued by the Mayor, to participants that make their restrooms available free of charge to any person, regardless of whether the person patronizes the place of public accommodation.

(b) Within one year after October 1, 2019, the Mayor shall select one BID as the location to administer the Pilot Program. To participate in the Pilot Program, a place of public accommodation within the BID selected pursuant to this subsection may apply pursuant to rules issued by the Mayor. A BID shall be ineligible to participate in the Pilot Program if one of the sites recommended under § 10-1052(c)(4)(B) falls within its geographic boundary.

(c)(1) The Mayor shall create and distribute a sign to each participant that indicates that any person may use the place of public accommodation's restroom facilities free of charge, regardless of whether the person patronizes the place of public accommodation.

(2) Within 30 days after receiving a sign pursuant to paragraph (1) of this subsection, each participant shall display the sign in a prominent location that is visible from the street or sidewalk.

(3) The Mayor shall provide a warning to a participant that fails to comply with paragraph (2) of this subsection.

(4) A participant that fails to comply with paragraph (2) of this subsection within 30 days after receiving a warning under paragraph (3) of this subsection shall be deemed ineligible to participate in the Pilot Program during the following fiscal year and shall return a portion of the funds received under the Pilot Program, as determined by rules issued by the Mayor.

(d) Except as provided in subsection (e) of this section, where it is determined, after investigation by the Mayor, that a participant has denied a person access to the participant's restroom facility, the participant shall:

(1) Return any funds received under the Pilot Program during that fiscal year; and

(2) Be ineligible to participate in the Pilot Program during the following fiscal year.

(e) Nothing in this section shall be construed to:

(1) Require a participant to change its hours of operation or permit individuals to use its restroom facilities outside of its stated hours of operation; or

(2) Preclude a participant from denying entry to an individual who is violating District law, posing a health risk, or posing a threat of harm to themselves or others.

(f) The Mayor shall maintain a list of participants in the Pilot Program on the District website.

(g) Beginning 2 years after October 1, 2019, and on an annual basis thereafter, the Metropolitan Police Department ("MPD") shall provide a report to the Council that includes the following:

(1) The number of police reports filed with MPD, including the nature of the alleged crime, during the preceding year that resulted in an arrest in the BID selected pursuant to subsection (b) of this section; and

(2) An analysis of whether there was an increase in the number of police reports filed with MPD during the preceding year that resulted in an arrest in the BID selected pursuant to subsection (b) of this section.

(h) Within 2 years after October 1, 2019, and on an annual basis thereafter, the Mayor shall report to the Council the actual annual costs of the Pilot Program and the number of participants.

(i) Within 180 days after October 1, 2019, the Mayor, pursuant to subchapter I of Chapter 5 of Title 2, shall issue rules to implement the provisions of this section.

(Apr. 11, 2019, D.C. Law 22-280, § 4, 66 DCR 1595.)

Applicability

Section 7184 of D.C. Law 24-45 repealed section 5 of D.C. Law 22-280 removing the applicability provision impacting this section. Therefore the creation of this section by section 4 of Law 22-280 has been implemented.

Section 7069 of D.C. Law 23-149 amended [added] section 5 [5a] to D.C. Law 22-280 providing that the creation of this section by D.C. Law 22-280 is subject to the inclusion of the law' fiscal effect in an approved budget and financial plan. Therefore the creation of this section has not been implemented.

Section 7184 of D.C. Act 24-159 repealed section 5 of D.C. Law 22-280 removing the applicability provision impacting this section. Therefore the creation of this section by section 4 of Law 22-280 has been implemented.

Applicability of D.C. Law 22-280: § 7166 of D.C. Law 23-16 repealed § 5 of D.C. Law 22-280. Therefore the creation of this section by D.C. Law 22-280 has been implemented.

Applicability of D.C. Law 22-280: § 5 of D.C. Law 22-280 provided that the creation of this section by § 4 of D.C. Law 22-280 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.

Emergency Legislation

For temporary (90 days) repeal of applicability provision of D.C. Law 22-280, see § 7166 of Fiscal Year 2020 Budget Support Congressional Review Emergency Act of 2019 (D.C. Act 23-112, Sept. 4, 2019, 66 DCR 11964).

For temporary (90 days) repeal of applicability provision of D.C. Law 22-280, see § 7166 of Fiscal Year 2020 Budget Support Emergency Act of 2019 (D.C. Act 23-91, July 22, 2019, 66 DCR 8497).