District Of Columbia 2023-2024 Regular Session

District Of Columbia Council Bill B25-0056 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	~~ENROLLED~~ ORIGINAL
	1	+	ENGROSSED ORIGINAL
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6		-	AN ACT
7		-
8		-	___________
9		-
10		-	IN THE COUNCIL OF THE DISTRICT OF COLUMBIA
11		-
12		-	__________________________
13		-
14		-
15		-	To amend Title 25 of the District of Columbia Official Code to clarify that a licensed
16		-	establishment can only be held liable for injury and damages if it knowingly serves, sells,
17		-	or delivers an alcoholic beverage to a person under 21 years of age or to a person who is
18		-	visibly exhibiting signs of intoxication and is the proximate cause of the individual’s
19		-	injury or damage, to limit civil action of third parties except for minors under 18 years of
20		-	age, and to create a new type of manager’s license endorsement; to amend Title 28 of the
21		-	District of Columbia Official Code to exclude service charges from sales for the purposes
22		-	of calculating rent pursuant to a commercial tenancy; to amend The Tipped Wage
23		-	Workers Fairness Amendment Act of 2018 to require a public education campaign
24		-	regarding the District of Columbia Tip Credit Elimination Act of 2022; to amend An Act
25		-	To provide for the payment and collection of wages in the District of Columbia to permit
26		-	online workplace training for managers; to amend the Fair Meals Delivery Act of 2022 to
27		-	modify the requirements of third-party meal delivery platforms and to require the Mayor
28		-	to study the working conditions of food delivery workers and submit a report on the study
29		-	to the Council no later than July 1, 2025.
30		-
31		-	BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this
32		-	act may be cited as the “Restaurant Revitalization and Dram Shop Clarification Amendment Act
33		-	of 2024”.
34		-
35		-	TITLE I. TITLE 25 AND TITLE 28 AMENDMENTS .
36		-	Sec. 101. Title 25 of the District of Columbia Official Code is amended as follows:
37		-	(a) Section 25-101 is amended by adding a new paragraph (26A) to read as follows:
38		-	“(26A) ‘Intoxicated’ means a condition in which a person has consumed enough
39		-	alcoholic beverages to visibly affect their manner, disposition, speech, muscular movement, or
40		-	general appearance of behavior.”.
41		-	(b) Section 25-113.01 is amended by adding a new subsection (h) to read as follows:
42		-	“(h)(1) A licensee under a manufacturer’s license, class A, B, or C, or a retailer’s license,
43		-	class A, B, C/R D/R, C/H, D/H, C/T, D/T, C/N, D/N, C/X, D/X, C/B and D/B, shall be permitted
44		-	to obtain a manager’s license endorsement from the Board to satisfy the requirements of § 25-
45		-	701(a) and register up to 5 employees as Board-approved managers. ENROLLED ORIGINAL
	6	+	A BILL 1
	7	+	2
	8	+	25-56 3
	9	+	4
	10	+	IN THE COUNCIL OF THE DISTRICT OF COLUMBIA 5
	11	+	6
	12	+	__________________________ 7
	13	+	8
	14	+	9
	15	+	To amend Title 25 of the District of Columbia Official Code to clarify that a licensed 10
	16	+	establishment can only be held liable for injury and damages if it knowingly serves, sells, 11
	17	+	or delivers an alcoholic beverage to a person under 21 years of age or to a person that is 12
	18	+	visibly exhibiting signs of intoxication and is the proximate cause of the individual’s 13
	19	+	injury or damage, to limit civil action of third parties except for minors under 18 years of 14
	20	+	age, and to create a new type of manager’s license endorsement; to amend Title 28 of the 15
	21	+	District of Columbia Official Code to exclude service charges from sales for the purposes 16
	22	+	of calculating rent pursuant to a commercial tenancy; to amend The Tipped Wage 17
	23	+	Workers Fairness Amendment Act of 2018 to require a public education campaign 18
	24	+	regarding the District of Columbia Tip Credit Elimination Act of 2022; to amend An Act 19
	25	+	To provide for the payment and collection of wages in the District of Columbia to permit 20
	26	+	online workplace training for managers; to amend the Fair Meals Delivery Act of 2022 to 21
	27	+	modify the requirements of third-party meal delivery platforms and to require the Mayor 22
	28	+	to study the working conditions of food delivery workers and submit a report on the study 23
	29	+	to the Council no later than July 1, 2025. 24
	30	+	25
	31	+	BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this 26
	32	+	act may be cited as the “Restaurant Revitalization and Dram Shop Clarification Amendment Act 27
	33	+	of 2024”. 28
	34	+	TITLE I. TITLE 25 AND TITLE 28 AMENDMENTS . 29
	35	+	Sec. 101. Title 25 of the District of Columbia Official Code is amended as follows: 30
	36	+	(a) Section 25-101 is amended by adding a new paragraph (26A) to read as follows: 31 ENGROSSED ORIGINAL
46	37
47	38
48	39
49	40		2
50		-	“(2)(A) The minimum annual cost for a manager’s license endorsement, including
51		-	the 5 employees authorized in paragraph (1) of this subsection, shall be $390.
52		-	“(B) The holder of a manager’s license endorsement shall be permitted to
53		-	add more than the 5 employees authorized in paragraph (1) of this subsection to the endorsement
54		-	at an additional annual cost of $130 for each employee position added to the endorsement over
55		-	the 5 employees authorized in paragraph (1) of this subsection.
56		-	“(3) The holder of a manager’s license endorsement shall be permitted to add or
57		-	replace managers on a form provided by ABCA.”.
58		-	(c) Chapter 7 is amended as follows:
59		-	(1) The table of contents for Subchapter IX is amended by adding a new section
60		-	designation 25-787 to read as follows:
61		-	“§ 25-787. Civil Liability for the Sale of Alcoholic Beverages to Minors and Intoxicated
62		-	Persons.”.
63		-	(2) Chapter 7 is amended by adding a new section 25-787 to read as follows:
64		-	“§ 25-787. Civil Liability for the Sale of Alcoholic Beverages to Minors and Intoxicated
65		-	Persons.
66		-	“(a)(1) Except as provided in paragraph (2) of this subsection, no licensee shall be civilly
67		-	liable to an injured person or the person’s estate for any injury to the individual or damage to any
68		-	property because of the intoxication of a person due to the sale, service, or delivery of an
69		-	alcoholic beverage to the person.
70		-	“(2)(A) An injured person shall have a civil cause of action against a licensee
71		-	when:
72		-	“(i) It is proven that the licensee knowingly sold, served or delivered an
73		-	alcoholic beverage to a person under 21 years of age or to a person who was intoxicated; and
74		-	“(ii) The sale, service, or delivery of the alcoholic beverage was the
75		-	proximate cause of the person’s injury or damage; provided, that the cause of action is
76		-	commenced within 2 years after such sale, service, or delivery.
77		-	“(B) For purposes of this subsection, the term “knowingly” means the licensee
78		-	knew or should have known a relevant fact.
79		-	“(b) Upon the death of any party, the right of action shall survive pursuant to § 12-101.
80		-	“(c)The injured person, or the injured person’s legal representative, may commence a civil
81		-	action in the Superior Court of the District of Columbia against the licensee who sold, served, or
82		-	delivered the alcoholic beverage to the intoxicated person.
83		-	“(d) Evidence sufficient to establish that a person was intoxicated as described in
84		-	subsection (a) of this section shall be based upon the totality of the circumstances present at the
85		-	time of the sale, service, or delivery of the alcoholic beverage to the person.
86		-	“(e) A licensee shall not be civilly liable for a person’s subsequent off-premises
87		-	consumption of alcoholic beverages unless the person was visibly intoxicated based upon the
88		-	totality of the circumstances at the time the alcoholic beverage was sold, served, or delivered to
89		-	the person by the licensee. ENROLLED ORIGINAL
	41	+	“(26A) ‘Intoxicated’ means a condition in which a person has consumed enough 32
	42	+	alcoholic beverages to visibly affect their manner, disposition, speech, muscular movement, or 33
	43	+	general appearance of behavior.”. 34
	44	+	(b) Section 25-113.01 is amended by adding a new subsection (h) to read as follows: 35
	45	+	“(h)(1) A licensee under a manufacturer’s license class A, B, or C or a retailer’s license 36
	46	+	class A, B, C/R D/R, C/H, D/H, C/T, D/T, C/N, D/N, C/X, D/X, C/B and D/B shall be permitted 37
	47	+	to obtain a manager’s license endorsement from the Board to satisfy the requirements of § 25-38
	48	+	701(a) and register up to 5 employees as Board-approved managers. 39
	49	+	“(2)(A) The minimum annual cost for a manager’s license endorsement, including 40
	50	+	the 5 employees authorized in paragraph (1) of this subsection, shall be $390. 41
	51	+	“(B) The holder of a manager’s license endorsement shall be permitted to 42
	52	+	add more than the 5 employees authorized in paragraph (1) of this subsection to the endorsement 43
	53	+	at an additional annual cost of $130 for each employee position added to the endorsement over 44
	54	+	the 5 employees authorized in paragraph (1) of this subsection. 45
	55	+	“(3) The holder of a manager’s license endorsement shall be permitted to add or 46
	56	+	replace managers on a form provided by ABCA.”. 47
	57	+	(c) Chapter 7 is amended as follows: 48
	58	+	(1) The table of contents for Subchapter IX is amended by adding a new section 49
	59	+	designation 25-787 to read as follows: 50
	60	+	“§ 25-787. Civil Liability for the Sale of Alcoholic Beverages to Minors and Intoxicated 51
	61	+	Persons.”. 52 ENGROSSED ORIGINAL
90	62
91	63
92	64
93	65		3
94		-	“(f) No civil action may be brought under this section by the person to whom the
95		-	alcoholic beverage was sold, served, or delivered who caused the injury at issue in the claim, or
96		-	by his or her estate, legal guardian, or dependent, unless the person to whom the alcoholic
97		-	beverage was sold, served, or delivered was under 18 years of age.
98		-	“(g) This section clarifies the standard of liability for injury or damages of a licensed
99		-	establishment for knowingly selling to, serving, or delivering an alcoholic beverage to a person
100		-	under 21 years of age or who is visibly intoxicated as defined in § 25-101(26A) and supersedes
101		-	the common law standard. To the extent that the common law standard of liability conflicts with
102		-	this section, this section controls.
103		-	“(h) This section shall apply only to causes of action that accrue after the effective date of
104		-	this section.”.
105		-
106		-	Sec. 102. Part II of Article 2A of Subtitle I of Title 28 of the District of Columbia Official
107		-	Code is amended as follows:
108		-	(a) The table of contents for Part II is amended by adding a new section designation to read
109		-	as follows:
110		-	“§ 28:2A-222. Food or beverage service charge exclusion.”.
111		-	(b) A new section is 2A-222 is added to read as follows:
112		-	§ 28:2A-222. Food or beverage service charge exclusion.
113		-	“(a) Absent any language to the contrary in a lease for a commercial tenancy, service
114		-	charges shall not constitute sales for the purposes of calculating percentage or other rent for the
115		-	property leased. If there is any ambiguity in the lease language concerning the inclusion of
116		-	service charges in calculating rent payable for commercial property leased, there shall be a
117		-	presumption that service fees are not to be included in the calculation.
118		-	“(b) For purposes of this section, the term “service charge” means any mandatory fee
119		-	paid as a percentage of the total cost of the food or beverages if the food or beverages are served
120		-	to fewer than 11 persons and the fee is used to pay base wages or tips of the employees of the
121		-	vendor.”.
122		-
123		-	Sec. 103(a). Section 47-2908 of the District of Columbia Code is amended as follows:
124		-	(1) Designate the existing text as subsection (a).
125		-	(2) A new subsection (b) is added to read as follows:
126		-	“(b)(1) Except as provided in paragraph (2) of this subsection, a business licensed
127		-	under this section may impose, as a percentage of sales, a service fee of not more than 20%;
128		-	provided, that:
129		-	“(A) The type and amount of the service fee that may be charged is
130		-	prominently disclosed to consumers by the following means:
131		-	“(i) Clearly and prominently disclosing the fee on all menus and on
132		-	the business’ website, if there is a website; and
133		-	“(ii) Clearly and prominently disclosing the fee on signage in the
134		-	establishment reasonably visible upon entry to the establishment; ENROLLED ORIGINAL
	66	+	(2) Chapter 7 is amended by adding a new section 25-787 to read as follows: 53
	67	+	“§ 25-787. Civil Liability for the Sale of Alcoholic Beverages to Minors and Intoxicated 54
	68	+	Persons. 55
	69	+	“(a)(1) Except as provided in paragraph (2) of this subsection, no licensee shall be civilly 56
	70	+	liable to an injured person or the person’s estate for any injury to the individual or damage to any 57
	71	+	property because of the intoxication of a person due to the sale, service, or delivery of an 58
	72	+	alcoholic beverage to the person. 59
	73	+	“(2)(A) An injured person shall have a civil cause of action against a licensee 60
	74	+	when: 61
	75	+	“(i) It is proven that the licensee knowingly sold, served or delivered an 62
	76	+	alcoholic beverage to a person under 21 years of age or to a person who was intoxicated; and 63
	77	+	64
	78	+	“(ii) The sale, service, or delivery of the alcoholic beverage was the 65
	79	+	proximate cause of the person’s injury or damage; provided, that the cause of action is 66
	80	+	commenced within 2 years after such sale, service, or delivery. 67
	81	+	“(B) For purposes of this subsection, the term “knowingly” means the licensee 68
	82	+	knew or should have known a relevant fact. 69
	83	+	“(b) Upon the death of any party, the right of action shall survive pursuant to § 12-101. 70
	84	+	71 ENGROSSED ORIGINAL
135	85
136	86
137	87
138	88		4
139		-	“(B) The written disclosure accurately describes the purpose of the fee,
140		-	including by explaining with specificity how the fee will be used or distributed, including
141		-	disclosing the proportion of the fee used for base operating costs and the proportion distributed
142		-	as compensation above the applicable minimum wage; and
143		-	“(C) The business uses any service fee collected from diners exclusively
144		-	for the purposes disclosed.
145		-	“(2) A business licensed under this section may impose a service fee of not more
146		-	than 25% when such fee is included as a term of a written contract negotiated between the
147		-	business and a consumer for services, including banquet services.”.
148		-
149		-	TITLE II. WAGE LAW AMENDMENTS .
150		-	Sec. 201. The Tipped Wage Workers Fairness Amendment Act of 2018, effective
151		-	December 13, 2018 (D.C. Law 22-196; D.C. Official Code passim), is amended by adding a new
152		-	section 4a to read as follows:
153		-	“Sec. 4a. Public awareness campaign regarding the elimination of the tipped minimum
154		-	wage.
155		-	“(a) No later than 180 days after October 1, 2024, the Mayor shall launch a campaign to
156		-	raise awareness and educate the public about changes to the tipped minimum wage brought about
157		-	by the District of Columbia Tip Credit Elimination Act of 2022, effective February 23, 2023
158		-	(D.C. Law 24-281; D.C. Official Code § 32-1003).
159		-	“(b) The campaign shall:
160		-	“(1) Include the preparation of written and electronic materials that state in
161		-	plain language the changes brought about by the District of Columbia Tip Credit Elimination
162		-	Act of 72 2022, effective February 23, 2023 (D.C. Law 24-281; D.C. Official Code § 32-1003);
163		-	“(2) Ensure that workers, residents, businesses, tourists, and other interested
164		-	parties are aware of the changes brought about by the District of Columbia Tip Credit
165		-	Elimination Act of 2022, effective February 23, 2023 (D.C. Law 24-281; D.C. Official Code §
166		-	32-1003), and what consumers and businesses can expect in terms of implementation and any
167		-	changes to existing practices and behaviors; and
168		-	“(3) Be conducted in English and any non-English language spoken by a
169		-	limited or no-English proficient population that constitutes 3% or 500 individuals, whichever is
170		-	less, of the population impacted, or expected to be impacted, of the changes brought about by the
171		-	District of Columbia Tip Credit Elimination Act of 2022, effective February 23, 2023 (D.C. Law
172		-	82 24-281; D.C. Official Code § 32-1003).”.
173		-
174		-	Sec. 202. Section 6a(b) of An Act To provide for the payment and collection of wages,
175		-	effective December 13, 2018 (D.C. Law 22-196; D.C. Official Code § 32-1306.01(b)), is
176		-	amended by striking the phrase “attend in-person” and inserting the phrase “attend either in-
177		-	person or online” in its place.
178		-	ENROLLED ORIGINAL
	89	+	“(c)The injured person, or the injured person’s legal representative, may commence a civil 72
	90	+	action in the Superior Court of the District of Columbia against the licensee who sold, served, or 73
	91	+	delivered the alcoholic beverage to the intoxicated person. 74
	92	+	“(d) Evidence sufficient to establish that a person was intoxicated as described in 75
	93	+	subsection (a) of this section shall be based upon the totality of the circumstances present at the 76
	94	+	time of sale, service, or delivery of the alcoholic beverage to the person. 77
	95	+	“(e) A licensee shall not be civilly liable for a person’s subsequent off-premises 78
	96	+	consumption of alcoholic beverages unless the person was visibly intoxicated based upon the 79
	97	+	totality of the circumstances at the time the alcoholic beverage was sold, served, or delivered to 80
	98	+	the person by the licensee. 81
	99	+	“(f) No civil action may be brought under this section by the person to whom the 82
	100	+	alcoholic beverage was sold, served, or delivered who caused the injury at issue in the claim, or 83
	101	+	by his or her estate, legal guardian, or dependent, unless the person to whom the alcoholic 84
	102	+	beverage was sold, served, or delivered was under 18 years of age. 85
	103	+	“(g) This section clarifies the standard of liability for injury or damages of a licensed 86
	104	+	establishment for knowingly selling to, serving, or delivering an alcoholic beverage to a person 87
	105	+	under 21 years of age or who is visibly intoxicated as defined in § 25-101(26A) and supersedes 88
	106	+	the common law standard. To the extent that the common law standard of liability conflicts with 89
	107	+	this section, this section controls. 90
	108	+	“(h) This section shall apply only to causes of action that accrue after the effective date of 91
	109	+	this section.”. 92 ENGROSSED ORIGINAL
179	110
180	111
181	112
182	113		5
183		-	Sec. 203. Section 10a of the Minimum Wage Act of 1992, effective March 11, 2014
184		-	(D.C. Law 20-91; D.C. Official Code § 32-1009.01) is repealed.
185		-
186		-	TITLE III. FAIR MEALS DELIVERY AMENDMENT .
187		-	Sec. 301. The Fair Meals Delivery Act of 2022, effective March 10, 2023 (D.C. Law 24-
188		-	292; D.C. Official Code § 48-651 et seq.), is amended as follows:
189		-	(a) Section 2 (D.C. Official Code § 48-651) is amended by adding a new paragraph (2A)
190		-	to read as follows:
191		-	“(2A) “Food delivery worker” means any natural person or any organization
192		-	composed of no more than one natural person, whether or not incorporated or employing a trade
193		-	name, who is hired, retained, or engaged as an independent contractor by a third-party meal
194		-	delivery platform.”.
195		-	(b) Section 3 (D.C. Official Code § 48-652) is amended by adding new subsections (e),
196		-	(f), (g), and (h) to read as follows:
197		-	“(e) Any agreement that a third-party meal delivery platform enters into with a restaurant
198		-	must contain a provision allowing a food delivery worker to use the restroom facilities of the
199		-	restaurant when performing a delivery or pickup service at the restaurant.
200		-	“(f) A third-party meal delivery platform shall not exclude any restaurant with whom the
201		-	third-party meal delivery platform has an agreement from the relevant search results of a
202		-	customer within 4 miles of a restaurant.
203		-	“(g) A third-party meal delivery platform shall not reduce the delivery radius of any
204		-	restaurant below 4 miles based on the level or percentage of commissions paid. Nothing in this
205		-	section shall prohibit a third-party meal delivery platform from offering a larger delivery radius
206		-	for a fee.
207		-	“(h) A third-party meal delivery platform shall not reduce the number of food delivery
208		-	workers available to deliver online orders from a restaurant with whom the third-party meal
209		-	delivery platform has an agreement based solely on the level or percentage of commission paid.
210		-	Nothing in this section shall prohibit a third-party meal delivery platform from offering priority
211		-	delivery services for a fee.”.
212		-	(c) A new section 4a is added to read as follows:
213		-	“Sec. 4a. Restaurant disclosure requirement.
214		-	“A third-party meal delivery platform shall disclose to a restaurant, in plain language,
215		-	the fees, commissions, and charges associated with the contracted services in the agreement.”.
216		-	(d) A new section 6a is added to read as follows:
217		-	“Sec. 6a. Report by Mayor.
218		-	“(a) “The Mayor shall study the working conditions of food delivery workers and issue a
219		-	report to the Council no later than July 1, 2025.
220		-	“(b) In conducting the study, the Mayor may coordinate with any agency, organization, or
221		-	office that can assist in the study and shall consult with all relevant stakeholders, including
222		-	consumers of varying socioeconomic backgrounds, restaurants, other merchants of varying types
223		-	and sizes, and third-party meal delivery platforms. ENROLLED ORIGINAL
	114	+	Sec. 102. Part II of Article 2A of Subtitle I of Title 28 of the District of Columbia Official 93
	115	+	Code is amended as follows: 94
	116	+	(a) The table of contents for Part II is amended by adding a new section designation to read 95
	117	+	as follows: 96
	118	+	“§ 28:2A-222. Service Charge Exclusion.”. 97
	119	+	(b) A new section is 2A-222 is added to read as follows: 98
	120	+	§ 28:2A-222. Service Charge Exclusion. 99
	121	+	“(a) Absent any language to the contrary in a lease for a commercial tenancy, service 100
	122	+	charges shall not constitute sales for the purposes of calculating percentage or other rent for the 101
	123	+	property leased. If there is any ambiguity in lease language concerning the inclusion of service 102
	124	+	charges in calculating rent payable for commercial property leased, there shall be a presumption 103
	125	+	that service fees are not to be included in the calculation. 104
	126	+	“(b) For purposes of this section, the term “service charge” means any mandatory fee 105
	127	+	paid as a percentage of the total cost of the food or beverages if the food or beverages are served 106
	128	+	to fewer than 11 persons and the fee is used to pay base wages or tips of the employees of the 107
	129	+	vendor.”. 108
	130	+	TITLE II. WAGE LAW AMENDMENTS . 109
	131	+	Sec. 201. The Tipped Wage Workers Fairness Amendment Act of 2018, effective 110
	132	+	December 13, 2018 (D.C. Law 22-196; D.C. Official Code passim), is amended by adding a new 111
	133	+	section 4a (to be codified at D.C. Official Code §32-163) to read as follows: 112 ENGROSSED ORIGINAL
224	134
225	135
226	136
227	137		6
228		-	“(c) The Mayor may retain a third-party organization to assist in the study; provided, that
229		-	the organization has experience in developing and administering studies, analyzing large data
230		-	sets, and conducting focus groups or other qualitative research.
231		-	“(d) The study shall include, at a minimum:
232		-	“(1) Consideration of the pay food delivery workers receive and the methods
233		-	by which such pay is determined;
234		-	“(2) The total income food delivery workers earn, the expenses incurred by
235		-	food delivery workers, the equipment required to perform their work, the hours of work of food
236		-	delivery workers, including the variability in their hours;
237		-	“(3) The extent to which the food delivery workers are engaged in performing
238		-	work for more than one platform or other parties, the average mileage of a trip, the extent to
239		-	which food delivery workers decline offers or assignments of a trip, the mode of travel used by
240		-	the workers, the safety conditions of food delivery workers, including the frequency with which
241		-	they have coverage for injuries, the availability of bathrooms during working hours, the
242		-	transparency of trip routes and pay;
243		-	“(4) The benefits food delivery workers are able to access through this type of
244		-	work or from other sources;
245		-	“(5) The desirability to food delivery workers of the creation of a system of
246		-	benefits that would be portable across third-party meal delivery platforms or other freelance
247		-	work platforms (commonly known as “gig economy” platforms);
248		-	“(6) The reasons food delivery workers choose food delivery work over other
249		-	types of work; and
250		-	“(7) Other topics the Mayor considers necessary or appropriate.
251		-	“(e) The study shall sample a sufficient number of food delivery workers to ensure the
252		-	results are statistically reliable, and samples shall be representative of the food delivery workers
253		-	who deliver in the District, with a particular focus on food delivery workers who live in the
254		-	District.
255		-	“(f) The Mayor may request or issue subpoenas for the production of data,
256		-	documents, and other information from a third-party meal delivery platform or other party
257		-	relating to food delivery workers, including:
258		-	“(1) Worker identification;
259		-	“(2) Information about the times that food delivery workers are available to work
260		-	for a third-party meal delivery platform;
261		-	“(3) The predominant mode of transportation;
262		-	“(4) How trips are offered or assigned to food delivery workers;
263		-	“(5) The data the third-party meal delivery platforms generally maintain relating
264		-	to the trips of the food delivery workers;
265		-	“(6) The compensation the food delivery workers receive from a third-party meal
266		-	delivery platform, including any gratuities the workers may receive;
267		-	“(7) Information relating to both completed and cancelled trips;
268		-	“(8) Agreements with or policies covering the food delivery workers; ENROLLED ORIGINAL
	138	+	“Sec. 4a. Public awareness campaign regarding the elimination of the tipped 113
	139	+	minimum wage. 114
	140	+	“(a) No later than 180 days after October 1, 2024, the Mayor shall launch a 115
	141	+	campaign to raise awareness and educate the public about changes to the tipped minimum wage 116
	142	+	brought about by the District of Columbia Tip Credit Elimination Act of 2022, effective 117
	143	+	February 23, 2023 (D.C. Law 24-281; D.C. Official Code § 32-1003). 118
	144	+	“(b) The campaign in subsection (a) shall: 119
	145	+	“(1) Include the preparation of written and electronic materials that state in 120
	146	+	plain language the changes brought about by the District of Columbia Tip Credit Elimination 121
	147	+	Act of 72 2022, effective February 23, 2023 (D.C. Law 24-281; D.C. Official Code § 32-1003); 122
	148	+	“(2) Ensure that workers, residents, businesses, tourists, and other interested 123
	149	+	parties are aware of the changes brought about by the District of Columbia Tip Credit 124
	150	+	Elimination Act of 2022, effective February 23, 2023 (D.C. Law 24-281; D.C. Official Code § 125
	151	+	32-1003), and what consumers and businesses can expect in terms of implementation and any 126
	152	+	changes to existing practices and behaviors; and 127
	153	+	“(3) Be conducted in English and any non-English language spoken by a 128
	154	+	limited or no-English proficient population that constitutes 3% or 500 individuals, whichever is 129
	155	+	less, of the population impacted, or expected to be impacted, of the changes brought about by the 130
	156	+	District of Columbia Tip Credit Elimination Act of 2022, effective February 23, 2023 (D.C. Law 131
	157	+	82 24-281; D.C. Official Code § 32-1003).”. 132 ENGROSSED ORIGINAL
269	158
270	159
271	160
272	161		7
273		-	“(9) The contact information of the food delivery workers;
274		-	“(10) Information relating to the setting of fees paid by food service
275		-	establishments and consumers; and
276		-	“(11) Any other information considered relevant by the Mayor.”.
277		-
278		-	TITLE IV. GENERAL PROVISIONS
279		-	Sec. 401. Applicability.
280		-	(a) Section 201 and section 301(d) shall apply upon the date of inclusion of its fiscal
281		-	effect in an approved budget and financial plan.
282		-	(b) The Chief Financial Officer shall certify the date of the inclusion of the fiscal effect in
283		-	an approved budget and financial plan, and provide notice to the Budget Director of the Council
284		-	of the certification.
285		-	(c)(1) The Budget Director shall cause the notice of the certification to be published in
286		-	the District of Columbia Register.
287		-	(2) The date of publication of the notice of the certification shall not affect the
288		-	applicability of this act.
289		-
290		-	Sec. 402. Fiscal impact statement.
291		-	The Council adopts the fiscal impact statement in the committee report as the fiscal
292		-	impact statement required by section 4a of the General Legislative Procedures Act of 1975,
293		-	approved October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a).
294		-
295		-	Sec. 403. Effective date.
296		-	This act shall take effect following approval by the Mayor (or in the event of veto by the
297		-	Mayor, action by the Council to override the veto), and a 30-day period of congressional review
298		-	as provided in 602(c)(1) of the District of Columbia Home Rule Act, approved December 24,
299		-	1973 (87 Stat. 813; D.C. Official Code § 1-206.02(c)(1)).
300		-
301		-
302		-	______________________________
303		-	Chairman
304		-	Council of the District of Columbia
	162	+	Sec. 202. Section 6a(b) of An Act To provide for the payment and collection of wages, 133
	163	+	effective December 13, 2018 (D.C. Law 22-196; D.C. Official Code § 32-1306.01(b)), is 134
	164	+	amended by striking the phrase “attend in-person” and inserting the phrase “attend either in-135
	165	+	person or online” in its place. 136
	166	+	TITLE III. FAIR MEALS DELIVERY AMENDMENT . 137
	167	+	Sec. 301. The Fair Meals Delivery Act of 2022, effective March 10, 2023 (D.C. Law 24-138
	168	+	292; D.C. Official Code § 48-651 et seq.), is amended as follows: 139
	169	+	(a) Section 2 (D.C. Official Code § 48-651) is amended by adding a new paragraph (2A) 140
	170	+	to read as follows: 141
	171	+	“(2A) “Food delivery worker” means any natural person or any organization composed of 142
	172	+	no more than one natural person, whether or not incorporated or employing a trade name, who is 143
	173	+	hired, retained, or engaged as an independent contractor by a third-party meal delivery 144
	174	+	platform.” 145
	175	+	(b) Section 3 (D.C. Official Code § 48-652) is amended by adding new subsections (e), 146
	176	+	(f), (g), and (h) to read as follows: 147
	177	+	“(e) Any agreement that a third-party meal delivery platform enters into with a restaurant 148
	178	+	must contain a provision allowing a food delivery worker to use the restroom facilities of the 149
	179	+	restaurant when performing a delivery or pickup service at the restaurant. 150
	180	+	“(f) A third-party meal delivery platform shall not exclude any restaurant with whom the 151
	181	+	third-party meal delivery platform has an agreement from the relevant search results of a 152
	182	+	customer within 4 miles of a restaurant. 153 ENGROSSED ORIGINAL
305	183
306	184
307	185
	186	+	8
	187	+	“(g) A third-party meal delivery platform shall not reduce the delivery radius of any 154
	188	+	restaurant below 4 miles, based on the level or percentage of commissions paid. Nothing in this 155
	189	+	section shall prohibit a third-party meal delivery platform from offering a larger delivery radius 156
	190	+	for a fee. 157
	191	+	“(h) A third-party meal delivery platform shall not reduce the number of food delivery 158
	192	+	workers available to deliver an online order from a restaurant with whom the third-party meal 159
	193	+	delivery platform has an agreement based solely on the level or percentage of commission paid. 160
	194	+	Nothing in this section shall prohibit a third-party meal delivery platform from offering priority 161
	195	+	delivery services for a fee.”. 162
	196	+	(c) A new section 4a is added to read as follows: 163
	197	+	“Sec. 4a. Restaurant disclosure requirement. 164
	198	+	“A third-party meal delivery platform shall disclose to a restaurant, in plain language, 165
	199	+	the fees, commissions, and charges associated with the contracted services in the agreement.”. 166
	200	+	(d) A new section 6a is added to read as follows as follows: 167
	201	+	“Sec. 6a. Report by Mayor. 168
	202	+	“(a) “The Mayor shall study the working conditions of food delivery workers and issue a 169
	203	+	report to the Council no later than July 1, 2025. 170
	204	+	“(b) In conducting the study, the Mayor may coordinate with any agency, organization, or 171
	205	+	office that can assist in the study and shall consult with all relevant stakeholders, including 172
	206	+	consumers of varying socioeconomic backgrounds, restaurants, and other merchants of varying 173
	207	+	types and sizes, and third-party delivery platforms. 174 ENGROSSED ORIGINAL
308	208
309	209
310		-	_________________________________
311		-	Mayor
312		-	District of Columbia
	210	+
	211	+	9
	212	+	“(c) The Mayor may retain a third-party organization to assist in the study; provided, that 175
	213	+	the organization has experience developing and administering studies, analyzing large data sets, 176
	214	+	and conducting focus groups or other qualitative research. 177
	215	+	“(d) The study shall include, at minimum: 178
	216	+	“(1) Consideration of the pay food delivery workers receive and the methods 179
	217	+	by which such pay is determined; 180
	218	+	“(2) The total income food delivery workers earn, the expenses incurred by 181
	219	+	the workers, the equipment required to perform their work, the hours of work of the workers, 182
	220	+	including the variability in their hours; 183
	221	+	“(3) The extent to which the workers are engaged in performing work for more 184
	222	+	than one platform or other parties, the average mileage of a trip, the extent to which the workers 185
	223	+	decline offers or assignments of a trip, the mode of travel used by the workers, the safety 186
	224	+	conditions of the workers, including the frequency with which they have coverage for injuries, 187
	225	+	the availability of bathrooms during working hours, the transparency of trip routes and pay; 188
	226	+	“(4) The benefits the workers are able to access through this type of work or 189
	227	+	from other sources; 190
	228	+	“(5) The desirability to the workers of the creation of a system of benefits that 191
	229	+	would be portable across third-party delivery or other freelance work platforms (commonly 192
	230	+	known “gig economy” platforms); 193
	231	+	“(6) The reasons these workers choose food delivery work over other types of 194
	232	+	work; and 195 ENGROSSED ORIGINAL
	233	+
	234	+
	235	+
	236	+	10
	237	+	“(7) Other topics the Mayor considers necessary or appropriate. 196
	238	+	“(e) The study shall sample a sufficient number of food delivery workers to ensure the 197
	239	+	results are statistically reliable, and samples shall be representative of the food delivery workers 198
	240	+	who deliver in the District, with a particular focus on food delivery workers who live in the 199
	241	+	District. 200
	242	+	“(f) The Mayor may request or issue subpoenas for the production of data, 201
	243	+	documents, and other information from a third-party delivery platform or other party, relating to 202
	244	+	food delivery workers, including: 203
	245	+	“(1) Worker identification; 204
	246	+	“(2) Information about the times that the workers are available to work for a 205
	247	+	third-party delivery platform; 206
	248	+	“(3) The predominant mode of transportation; 207
	249	+	“(4) How trips are offered or assigned to food delivery workers; 208
	250	+	“(5) The data the third-party delivery platforms generally maintain relating to 209
	251	+	the trips of the workers; 210
	252	+	“(6) The compensation the workers receive from a third-party delivery platform, 211
	253	+	including any gratuities the workers may receive; 212
	254	+	“(7) Information relating to both completed and cancelled trips; 213
	255	+	“(8) Agreements with or policies covering the workers; 214
	256	+	“(9) The contact information of the workers; 215 ENGROSSED ORIGINAL
	257	+
	258	+
	259	+
	260	+	11
	261	+	“(10) Information relating to the setting of fees paid by food service 216
	262	+	establishments and consumers; and 217
	263	+	“(11) Any other information considered relevant by the Mayor.”. 218
	264	+	TITLE IV. GENERAL PROVISIONS 219
	265	+	Sec. 401. Applicability. 220
	266	+	(a) Section 201 and section 301(d) shall apply upon the date of inclusion of its fiscal 221
	267	+	effect in an approved budget and financial plan. 222
	268	+	(b) The Chief Financial Officer shall certify the date of the inclusion of the fiscal effect in 223
	269	+	an approved budget and financial plan, and provide notice to the Budget Director of the Council 224
	270	+	of the certification. 225
	271	+	(c)(1) The Budget Director shall cause the notice of the certification to be published in 226
	272	+	the District of Columbia Register. 227
	273	+	(2) The date of publication of the notice of the certification shall not affect the 228
	274	+	applicability of this act. 229
	275	+	Sec. 402. Fiscal impact statement. 230
	276	+	The Council adopts the fiscal impact statement in the committee report as the fiscal 231
	277	+	impact statement required by section 4a of the General Legislative Procedures Act of 1975, 232
	278	+	approved October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a). 233
	279	+	Sec. 403. Effective date. 234
	280	+	This act shall take effect following approval by the Mayor (or in the event of veto by the 235
	281	+	Mayor, action by the Council to override the veto), a 30-day period of congressional review as 236 ENGROSSED ORIGINAL
	282	+
	283	+
	284	+
	285	+	12
	286	+	provided in 602(c)(1) of the District of Columbia Home Rule Act, approved December 24, 1973 237
	287	+	(87 Stat. 813; D.C. Official Code § 1-206.02(c)(1)), and publication in the District of Columbia 238
	288	+	Register. 239