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District Of Columbia Council Bill B25-0783

District Of Columbia 2023-2024 Regular Session

District Of Columbia Council Bill B25-0783 Compare Versions

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33 ___________________________ 1
44 Councilmember Kenyan R. McDuffie 2
55 A BILL 3
66 _____________ 4
77 IN THE COUNCIL OF THE DISTRICT OF COLUMBIA 5
88 __________________ 6
99 To authorize the Business Improvement District Council, on behalf of business improvement 7
1010 district corporations, to enter a master license agreement with a third-party provider for 8
1111 the deployment of interactive wayfinding kiosks in commercial areas served by business 9
1212 improvement district corporations , to amend the Business Improvement Districts Act of 10
1313 1996 to require a community member or resident is a member of the of the BID Board. 11
1414 12
1515 BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this 13
1616 act may be cited as the “Business Improvement District Resiliency Act of 2024”. 14
1717 Sec. 2 Definitions 15
1818 (a) “Interactive wayfinding kiosk” means an interactive informational wayfinding 16
1919 platform for use by pedestrians and erected in the public right-of-way, on public space or on 17
2020 private property in the form of a kiosk capable of providing or generating wireless internet at no 18
2121 cost to users and electronically -displayed content including, but not limited to, weather updates, 19
2222 multimodal mapping to event destinations with mobile integration, shopping, dining, and 20
2323 medical points of interest, job postings, real time transportation information, public opinion 21
2424 surveys, public safety and police emergency notifications, kiosk usage information, public 22
2525 service announcements, and digital advertisements. 23
2626 (b) “BID Council” means the association of the District of Columbia’s Business 24
2727 Improvement Districts. 25
2828 (c) “BID corporation” has the same meaning as in § 2-1215.02(4). 26
2929
3030 (d) “Business Improvement District” or “BID” has the same meaning as in § 2-27
3131 1215.02(7). 28
3232 (e) “Commercial district ” has the same meaning as in § 1–328.04(j)(1). 29
3333 Sec. 3. The master license agreement. 30
3434 (a) Notwithstanding any other provision of law, a BID corporation, subject to a 31
3535 master license agreement with the DC BID Council, may contract with one or more providers of 32
3636 interactive wayfinding kiosks to install and operate interactive wayfinding kiosks, provided: 33
3737 (1) the interactive wayfinding kiosk is located in the commercial district of 34
3838 such BID corporation; and 35
3939 (2) the BID corporation receives a percentage of the revenue derived from 36
4040 the digital advertisement displayed on any interactive wayfinding kiosk located in the commercial 37
4141 district of such BID corporation; and 38
4242 (3) the master license agreement shall, for its term, be the exclusive agreement in 39
4343 the District of Columbia for private installation and maintenance of interactive wayfinding kiosks, 40
4444 which display commercial advertisements, in public spaces in the commercial districts of BID 41
4545 corporations. 42
4646 (b) The Mayor shall permit the interactive wayfinding kiosk provider to place 43
4747 advertisements on interactive wayfinding kiosks installed pursuant to the master license 44
4848 agreement. 45
4949 (c) The master license agreement shall be for an initial period of 20 years and 46
5050 10 years for renewal thereafter. One year prior to the termination of the master license agreement 47
5151 each party shall notify the other, in writing, as to whether or not it wants to renegotiate the master 48
5252 license agreement for an additional period of time. 49
5353
5454 (d) Under the terms of the master license agreement, the interactive wayfinding 50
5555 kiosk provider shall be responsible for: 51
5656 (1) All of the costs and expenses for the interactive wayfinding kiosk 52
5757 design; 53
5858 (2) The construction, maintenance, and lighting of the interactive 54
5959 wayfinding kiosks and repair of all structures including sidewalks, curbs, streets or utilities which 55
6060 shall in any way be disturbed by the installation of the interactive wayfinding kiosks; and 56
6161 (3) The costs associated with changing, within 3 months, the location of any 57
6262 interactive wayfinding kiosks which are no longer needed where originally placed due to changes 58
6363 in the boundaries of BID corporations or other factors. 59
6464 (e) The master license agreement shall establish: 60
6565 (1) The minimum number of interactive wayfinding kiosks , which are to be 61
6666 installed in the District of Columbia pursuant to the master license agreement; 62
6767 63
6868 (2) The design of the interactive wayfinding kiosks; and 64
6969 (3) Standards which the interactive wayfinding kiosk provider is to follow 65
7070 for the minimum maintenance and replacement of the interactive wayfinding kiosks installed 66
7171 pursuant to the master license agreement. 67
7272 (f) The BID Council shall include in the master license agreement those provisions 68
7373 which are so specified in this chapter and any other provisions which the Mayor deems appropriate 69
7474 to carry out the purposes of this chapter. 70
7575 (g) Upon the expiration of the master license agreement, or upon the expiration of 71
7676 the renewal term provided for herein, or if the master license agreement is terminated in accordance 72
7777
7878 with section 9 of this act, whichever shall occur first, the interactive wayfinding kiosks installed 73
7979 pursuant to the master license agreement shall be removed by, and returned to, the interactive 74
8080 wayfinding kiosk provider without cost to the District of Columbia. 75
8181 Sec. 4. Location of interactive wayfinding kiosks; review of application. 76
8282 (a)(1) Prior to the installation of one or more interactive wayfinding kiosks pursuant 77
8383 to the master license agreement, the BID Council shall submit an application to the Mayor for 78
8484 review that includes: 79
8585 (A) The proposed locations for the installation of interactive 80
8686 wayfinding kiosks, which shall include a permitted installation radius of one thousand feet from 81
8787 such proposed locations ; 82
8888 (B) A description of the information, features and services provided 83
8989 to residents, workers, visitors, and businesses by the interactive wayfinding kiosks, which shall 84
9090 include, at a minimum: 85
9191 (i) Crime deterrence functions and public safety 86
9292 enhancements; 87
9393 (ii) Programs available through District government 88
9494 agencies and direct service providers, such as prevention and treatment for substance abuse and 89
9595 addiction and shelter options for homelessness; and 90
9696 (iii) Promotion and marketing of small and local 91
9797 businesses, such as minority-owned and women businesses and certified business enterprises; 92
9898 (C) A description of the programming and services to be provided 93
9999 through the revenue derived by the BID corporations from the digital advertisement displayed on 94
100100
101101 the interactive wayfinding kiosks, including 5 % of the increased revenue realized by the BID 95
102102 corporations directed towards [one of the following programs, services or activities: 96
103103 (i) Arts and Humanities Fund/grants and administration, 97
104104 improvement, and maintenance of property and programs managed by the Arts and Humanities 98
105105 Commission; or 99
106106 (ii) Equity Impact Fund/
107107 support businesses eligible to be 100
108108 equity impact enterprises (EIE) with training and investment in the form of revenue or equity-101
109109 based financing]; and 102
110110 (D) Any other data or information requested by the Mayor. 103
111111 (2) The selection of locations and the sequence for installation of interactive 104
112112 wayfinding kiosks shall take into account, first, the various needs of the different commercial 105
113113 districts of the BID corporations for interactive wayfinding kiosks, and second, the advertising 106
114114 market potential in these areas. 107
115115 (b) In establishing the locations for the interactive wayfinding kiosks, the BID 108
116116 Council shall consult with the District of Columbia Department of Transportation. 109
117117 (c) The Mayor shall have 30 days from the date of the filing of the application to 110
118118 conduct a preliminary review of the application to determine if the filing criteria set forth in this 111
119119 section have been met and if the application is otherwise in conformity with this chapter. If the 112
120120 Mayor fails to make a determination that the application is either not in conformity with this 113
121121 chapter or that the application requirements have been met within 30 days, such inaction shall 114
122122 constitute an affirmative preliminary determination that the application requirements have been 115
123123 met. The Mayor may designate the District of Columbia Department of Transportation , or a 116
124124
125125 successor thereto, to perform the review functions described by this section. 117
126126 (d)(1) If the Mayor determines that the application is not in conformity with this 118
127127 chapter, the Mayor shall specify the particular items that need to be corrected and notify the 119
128128 applicant that the application can be corrected and resubmitted within 30 days from the date of this 120
129129 notification. If a corrected application is not submitted within the 30-day period, the Mayor shall 121
130130 reject the application. 122
131131 (2) Once the Mayor affirmatively determines that the application 123
132132 requirements have been met, the Mayor shall approve the application. 124
133133 Sec. 5. Advertising. 125
134134 (a) The interactive wayfinding kiosk provider is authorized to sell commercial 126
135135 advertisement space on no more than 2 sides of a single end of the interactive wayfinding kiosks 127
136136 which have been designated by the master license agreement to contain advertisement. 128
137137 (b) An interactive wayfinding kiosk shall not display any a dvertisement that is: 129
138138 (1) contrary to any applicable law s, rules or regulations; 130
139139 (2) promotes or advertises tobacco products; 131
140140 (3) promotes or advertises a “sexually-oriented business establishment,” as 132
141141 defined in 133
142142 Section 100 of Title 11-B of the District of Columbia Municipal Regulations (11-B DCMR § 134
143143 100); or 135
144144 (4) considered “political advertising,” as defined in § 1–1163.15(d). 136
145145 (c) The interactive wayfinding kiosk provider shall remove any advertisement 137
146146 which the Mayor determines to be deceptive, misleading, untruthful, obscene, or in violation of 138
147147 Chapter 39 of Title 28 within 15 days from receipt of a request from the Mayor. 139
148148
149149 (d) No interactive wayfinding kiosks with advertisements shall be permitted in 140
150150 public spaces which are immediately adjacent to residential districts of the City zoned R-1, R-2, 141
151151 R-3, or R-4 by the Zoning Commission. 142
152152 Sec. 6. Permitting . 143
153153 (a) For purposes of this chapter, the Mayor shall issue a permit or renewal permit 144
154154 to a BID corporation or BID Council for the installation of an interactive wayfinding kiosk for a 145
155155 period of 20 years, unless sooner revoked by the Mayor for non- compliance with the provisions 146
156156 of the permit. The Mayor may establish the appropriate permit fee according to costs associated 147
157157 with its issuance. 148
158158 (b) It is unlawful to own, construct, substantially alter, or operate any interactive 149
159159 wayfinding kiosk except in accordance with the terms of the permit, including any maintenance 150
160160 provisions, issued by the Mayor to the BID corporation or BID Council for such interactive 151
161161 wayfinding kiosk. 152
162162 (c)(1) A permit granted by the Mayor to a BID corporation pursuant to this chapter 153
163163 shall transfer for the remaining term of such permit to the BID Council in the event of a 154
164164 termination, dissolution or order revoking the registration of such BID corporation’s BID; 155
165165 provided, however, a successor BID corporation of such BID may request, and the BID Council 156
166166 shall approve, the transfer of the permit for the remaining term of the permit to such successor 157
167167 BID. 158
168168 Sec. 7. Insurance and bonds. 159
169169 (a) Prior to the installation of the first interactive wayfinding kiosk, the interactive 160
170170 wayfinding kiosk provider shall file with the District of Columbia and shall maintain throughout 161
171171 the life of the master license agreement, liability insurance policies and performance bonds 162
172172
173173 acceptable to the Mayor in the minimum amounts as follows: 163
174174 (1) For bodily injury, including death, (A) $250,000 for any one person, and 164
175175 (B) $1,000,000 for any one accident; 165
176176 (2) For property damage, $100,000 per accident; and 166
177177 (3) For performance of maintenance and repairs, and other provisions of the 167
178178 master license agreement, $5,000, provided such amount shall increase by $250 per interactive 168
179179 wayfinding kiosk after the installation of 20 interactive wayfinding kiosks by such provider. 169
180180 (b) The interactive wayfinding kiosk provider shall assure any legal responsibility 170
181181 for, and shall hold the District of Columbia harmless from, any liability that arises because of 171
182182 injury to persons or property, including sidewalks, curbs, streets and structures by reason of the 172
183183 construction, operation, or maintenance of the interactive wayfinding kiosks installed or moved 173
184184 pursuant to the master license agreement. 174
185185 Sec. 8. Termination of master license agreement. 175
186186 (a)The Mayor shall notify the BID Council and interactive wayfinding kiosk 176
187187 provider in writing of any violations of the master license agreement and establish a compliance 177
188188 schedule for correcting the violations. In the event that the compliance schedule is not met, the 178
189189 Mayor may revoke any permits in connection with such violations after 60 days written notice to 179
190190 the BID Council and interactive wayfinding kiosk provider of the Mayor’s intent to revoke such 180
191191 permits, setting forth the reasons for the revocation . 181
192192 (b) In the event of bankruptcy of the interactive wayfinding kiosk provider the BID 182
193193 Council shall terminate the master license agreement , providing the interactive wayfinding kiosk 183
194194 provider with written notice of the BID Council’s action. 184
195195 Sec. 9. Relation to other provisions of law. 185
196196
197197 The provisions of [Title 5A-1, Article 14 of the Building Code of the District of 186
198198 Columbia], and rules issued pursuant to those sections, pertaining to outdoor signs in the District 187
199199 of Columbia, shall not pertain to the advertisement resulting from this act . 188
200200 Sec. 10. Rules. 189
201201 Pursuant to title 1 of the District of Columbia Administrative Procedures Act, 190
202202 approved October 21, 1968 (82 Stat. 1204; D.C. Code § 1-1501 et seq.), the Mayor is authorized 191
203203 to issue any rules that may be necessary to implement the provisions of this act. 192
204204 Sec. 11. Severability. 193
205205 If a provision of this act or its application to a particular person or circumstance 194
206206 is held invalid, such invalidity does not affect other provisions or applications. 195
207207 Sec. 12 Business Improvement Districts Act of 1996, effective May 29, 1996, (D.C. 196
208208 Law 11-312; D.C. Official Code § 2- 1215.07), is amended as follows: 197
209209 (a) Section 8 is amended as follows: 198
210210 (1) Paragraph (a) is amended as follows: 199
211211 “(a) The powers of each BID corporation shall be vested in a Board of Directors 200
212212 (“Board”). Board members shall include owners, or principals, agents, partners, managers, 201
213213 trustees, stockholders, officers, or directors of owners, and commercial tenants, residents, 202
214214 community members, and also may include governmental officials; provided, that at least one 203
215215 voting member of the Board is a community member or resident who lives in or within close 204
216216 proximity to the BID and not less than a majority of all Board members shall represent owners.” 205
217217 Sec. 13. Fiscal impact statement. 206
218218
219219 The Council adopts the fiscal impact statement in the committee report as the 207
220220 fiscal impact statement required by section 4a of the General Legislative Procedures Act of 1975, 208
221221 approved October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1–301.47a). 209
222222 Sec. 14. Effective date. 210
223223 This act shall take effect following approval by the Mayor (or in the event of veto 211
224224 by the Mayor, action by the Council to override the veto), a 30-day period of congressional 212
225225 review as provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved 213
226226 December 24, 1973 (87 Stat. 813; D.C. Official Code § 1-206.02(c)(1)), and publication in the 214
227227 District of Columbia Register. 215