___________________________ 1
Councilmember Kenyan R. McDuffie 2
A BILL 3
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IN THE COUNCIL OF THE DISTRICT OF COLUMBIA 5
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To authorize the Business Improvement District Council, on behalf of business improvement 7
district corporations, to enter a master license agreement with a third-party provider for 8
the deployment of interactive wayfinding kiosks in commercial areas served by business 9
improvement district corporations , to amend the Business Improvement Districts Act of 10
1996 to require a community member or resident is a member of the of the BID Board. 11
12
BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this 13
act may be cited as the “Business Improvement District Resiliency Act of 2024”. 14
Sec. 2 Definitions 15
(a) “Interactive wayfinding kiosk” means an interactive informational wayfinding 16
platform for use by pedestrians and erected in the public right-of-way, on public space or on 17
private property in the form of a kiosk capable of providing or generating wireless internet at no 18
cost to users and electronically -displayed content including, but not limited to, weather updates, 19
multimodal mapping to event destinations with mobile integration, shopping, dining, and 20
medical points of interest, job postings, real time transportation information, public opinion 21
surveys, public safety and police emergency notifications, kiosk usage information, public 22
service announcements, and digital advertisements. 23
(b) “BID Council” means the association of the District of Columbia’s Business 24
Improvement Districts. 25
(c) “BID corporation” has the same meaning as in § 2-1215.02(4). 26
(d) “Business Improvement District” or “BID” has the same meaning as in § 2-27
1215.02(7). 28
(e) “Commercial district ” has the same meaning as in § 1–328.04(j)(1). 29
Sec. 3. The master license agreement. 30
(a) Notwithstanding any other provision of law, a BID corporation, subject to a 31
master license agreement with the DC BID Council, may contract with one or more providers of 32
interactive wayfinding kiosks to install and operate interactive wayfinding kiosks, provided: 33
(1) the interactive wayfinding kiosk is located in the commercial district of 34
such BID corporation; and 35
(2) the BID corporation receives a percentage of the revenue derived from 36
the digital advertisement displayed on any interactive wayfinding kiosk located in the commercial 37
district of such BID corporation; and 38
(3) the master license agreement shall, for its term, be the exclusive agreement in 39
the District of Columbia for private installation and maintenance of interactive wayfinding kiosks, 40
which display commercial advertisements, in public spaces in the commercial districts of BID 41
corporations. 42
(b) The Mayor shall permit the interactive wayfinding kiosk provider to place 43
advertisements on interactive wayfinding kiosks installed pursuant to the master license 44
agreement. 45
(c) The master license agreement shall be for an initial period of 20 years and 46
10 years for renewal thereafter. One year prior to the termination of the master license agreement 47
each party shall notify the other, in writing, as to whether or not it wants to renegotiate the master 48
license agreement for an additional period of time. 49
(d) Under the terms of the master license agreement, the interactive wayfinding 50
kiosk provider shall be responsible for: 51
(1) All of the costs and expenses for the interactive wayfinding kiosk 52
design; 53
(2) The construction, maintenance, and lighting of the interactive 54
wayfinding kiosks and repair of all structures including sidewalks, curbs, streets or utilities which 55
shall in any way be disturbed by the installation of the interactive wayfinding kiosks; and 56
(3) The costs associated with changing, within 3 months, the location of any 57
interactive wayfinding kiosks which are no longer needed where originally placed due to changes 58
in the boundaries of BID corporations or other factors. 59
(e) The master license agreement shall establish: 60
(1) The minimum number of interactive wayfinding kiosks , which are to be 61
installed in the District of Columbia pursuant to the master license agreement; 62
63
(2) The design of the interactive wayfinding kiosks; and 64
(3) Standards which the interactive wayfinding kiosk provider is to follow 65
for the minimum maintenance and replacement of the interactive wayfinding kiosks installed 66
pursuant to the master license agreement. 67
(f) The BID Council shall include in the master license agreement those provisions 68
which are so specified in this chapter and any other provisions which the Mayor deems appropriate 69
to carry out the purposes of this chapter. 70
(g) Upon the expiration of the master license agreement, or upon the expiration of 71
the renewal term provided for herein, or if the master license agreement is terminated in accordance 72
with section 9 of this act, whichever shall occur first, the interactive wayfinding kiosks installed 73
pursuant to the master license agreement shall be removed by, and returned to, the interactive 74
wayfinding kiosk provider without cost to the District of Columbia. 75
Sec. 4. Location of interactive wayfinding kiosks; review of application. 76
(a)(1) Prior to the installation of one or more interactive wayfinding kiosks pursuant 77
to the master license agreement, the BID Council shall submit an application to the Mayor for 78
review that includes: 79
(A) The proposed locations for the installation of interactive 80
wayfinding kiosks, which shall include a permitted installation radius of one thousand feet from 81
such proposed locations ; 82
(B) A description of the information, features and services provided 83
to residents, workers, visitors, and businesses by the interactive wayfinding kiosks, which shall 84
include, at a minimum: 85
(i) Crime deterrence functions and public safety 86
enhancements; 87
(ii) Programs available through District government 88
agencies and direct service providers, such as prevention and treatment for substance abuse and 89
addiction and shelter options for homelessness; and 90
(iii) Promotion and marketing of small and local 91
businesses, such as minority-owned and women businesses and certified business enterprises; 92
(C) A description of the programming and services to be provided 93
through the revenue derived by the BID corporations from the digital advertisement displayed on 94
the interactive wayfinding kiosks, including 5 % of the increased revenue realized by the BID 95
corporations directed towards [one of the following programs, services or activities: 96
(i) Arts and Humanities Fund/grants and administration, 97
improvement, and maintenance of property and programs managed by the Arts and Humanities 98
Commission; or 99
(ii) Equity Impact Fund/
support businesses eligible to be 100
equity impact enterprises (EIE) with training and investment in the form of revenue or equity-101
based financing]; and 102
(D) Any other data or information requested by the Mayor. 103
(2) The selection of locations and the sequence for installation of interactive 104
wayfinding kiosks shall take into account, first, the various needs of the different commercial 105
districts of the BID corporations for interactive wayfinding kiosks, and second, the advertising 106
market potential in these areas. 107
(b) In establishing the locations for the interactive wayfinding kiosks, the BID 108
Council shall consult with the District of Columbia Department of Transportation. 109
(c) The Mayor shall have 30 days from the date of the filing of the application to 110
conduct a preliminary review of the application to determine if the filing criteria set forth in this 111
section have been met and if the application is otherwise in conformity with this chapter. If the 112
Mayor fails to make a determination that the application is either not in conformity with this 113
chapter or that the application requirements have been met within 30 days, such inaction shall 114
constitute an affirmative preliminary determination that the application requirements have been 115
met. The Mayor may designate the District of Columbia Department of Transportation , or a 116
successor thereto, to perform the review functions described by this section. 117
(d)(1) If the Mayor determines that the application is not in conformity with this 118
chapter, the Mayor shall specify the particular items that need to be corrected and notify the 119
applicant that the application can be corrected and resubmitted within 30 days from the date of this 120
notification. If a corrected application is not submitted within the 30-day period, the Mayor shall 121
reject the application. 122
(2) Once the Mayor affirmatively determines that the application 123
requirements have been met, the Mayor shall approve the application. 124
Sec. 5. Advertising. 125
(a) The interactive wayfinding kiosk provider is authorized to sell commercial 126
advertisement space on no more than 2 sides of a single end of the interactive wayfinding kiosks 127
which have been designated by the master license agreement to contain advertisement. 128
(b) An interactive wayfinding kiosk shall not display any a dvertisement that is: 129
(1) contrary to any applicable law s, rules or regulations; 130
(2) promotes or advertises tobacco products; 131
(3) promotes or advertises a “sexually-oriented business establishment,” as 132
defined in 133
Section 100 of Title 11-B of the District of Columbia Municipal Regulations (11-B DCMR § 134
100); or 135
(4) considered “political advertising,” as defined in § 1–1163.15(d). 136
(c) The interactive wayfinding kiosk provider shall remove any advertisement 137
which the Mayor determines to be deceptive, misleading, untruthful, obscene, or in violation of 138
Chapter 39 of Title 28 within 15 days from receipt of a request from the Mayor. 139
(d) No interactive wayfinding kiosks with advertisements shall be permitted in 140
public spaces which are immediately adjacent to residential districts of the City zoned R-1, R-2, 141
R-3, or R-4 by the Zoning Commission. 142
Sec. 6. Permitting . 143
(a) For purposes of this chapter, the Mayor shall issue a permit or renewal permit 144
to a BID corporation or BID Council for the installation of an interactive wayfinding kiosk for a 145
period of 20 years, unless sooner revoked by the Mayor for non- compliance with the provisions 146
of the permit. The Mayor may establish the appropriate permit fee according to costs associated 147
with its issuance. 148
(b) It is unlawful to own, construct, substantially alter, or operate any interactive 149
wayfinding kiosk except in accordance with the terms of the permit, including any maintenance 150
provisions, issued by the Mayor to the BID corporation or BID Council for such interactive 151
wayfinding kiosk. 152
(c)(1) A permit granted by the Mayor to a BID corporation pursuant to this chapter 153
shall transfer for the remaining term of such permit to the BID Council in the event of a 154
termination, dissolution or order revoking the registration of such BID corporation’s BID; 155
provided, however, a successor BID corporation of such BID may request, and the BID Council 156
shall approve, the transfer of the permit for the remaining term of the permit to such successor 157
BID. 158
Sec. 7. Insurance and bonds. 159
(a) Prior to the installation of the first interactive wayfinding kiosk, the interactive 160
wayfinding kiosk provider shall file with the District of Columbia and shall maintain throughout 161
the life of the master license agreement, liability insurance policies and performance bonds 162
acceptable to the Mayor in the minimum amounts as follows: 163
(1) For bodily injury, including death, (A) $250,000 for any one person, and 164
(B) $1,000,000 for any one accident; 165
(2) For property damage, $100,000 per accident; and 166
(3) For performance of maintenance and repairs, and other provisions of the 167
master license agreement, $5,000, provided such amount shall increase by $250 per interactive 168
wayfinding kiosk after the installation of 20 interactive wayfinding kiosks by such provider. 169
(b) The interactive wayfinding kiosk provider shall assure any legal responsibility 170
for, and shall hold the District of Columbia harmless from, any liability that arises because of 171
injury to persons or property, including sidewalks, curbs, streets and structures by reason of the 172
construction, operation, or maintenance of the interactive wayfinding kiosks installed or moved 173
pursuant to the master license agreement. 174
Sec. 8. Termination of master license agreement. 175
(a)The Mayor shall notify the BID Council and interactive wayfinding kiosk 176
provider in writing of any violations of the master license agreement and establish a compliance 177
schedule for correcting the violations. In the event that the compliance schedule is not met, the 178
Mayor may revoke any permits in connection with such violations after 60 days written notice to 179
the BID Council and interactive wayfinding kiosk provider of the Mayor’s intent to revoke such 180
permits, setting forth the reasons for the revocation . 181
(b) In the event of bankruptcy of the interactive wayfinding kiosk provider the BID 182
Council shall terminate the master license agreement , providing the interactive wayfinding kiosk 183
provider with written notice of the BID Council’s action. 184
Sec. 9. Relation to other provisions of law. 185
The provisions of [Title 5A-1, Article 14 of the Building Code of the District of 186
Columbia], and rules issued pursuant to those sections, pertaining to outdoor signs in the District 187
of Columbia, shall not pertain to the advertisement resulting from this act . 188
Sec. 10. Rules. 189
Pursuant to title 1 of the District of Columbia Administrative Procedures Act, 190
approved October 21, 1968 (82 Stat. 1204; D.C. Code § 1-1501 et seq.), the Mayor is authorized 191
to issue any rules that may be necessary to implement the provisions of this act. 192
Sec. 11. Severability. 193
If a provision of this act or its application to a particular person or circumstance 194
is held invalid, such invalidity does not affect other provisions or applications. 195
Sec. 12 Business Improvement Districts Act of 1996, effective May 29, 1996, (D.C. 196
Law 11-312; D.C. Official Code § 2- 1215.07), is amended as follows: 197
(a) Section 8 is amended as follows: 198
(1) Paragraph (a) is amended as follows: 199
“(a) The powers of each BID corporation shall be vested in a Board of Directors 200
(“Board”). Board members shall include owners, or principals, agents, partners, managers, 201
trustees, stockholders, officers, or directors of owners, and commercial tenants, residents, 202
community members, and also may include governmental officials; provided, that at least one 203
voting member of the Board is a community member or resident who lives in or within close 204
proximity to the BID and not less than a majority of all Board members shall represent owners.” 205
Sec. 13. Fiscal impact statement. 206
The Council adopts the fiscal impact statement in the committee report as the 207
fiscal impact statement required by section 4a of the General Legislative Procedures Act of 1975, 208
approved October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1–301.47a). 209
Sec. 14. Effective date. 210
This act shall take effect following approval by the Mayor (or in the event of veto 211
by the Mayor, action by the Council to override the veto), a 30-day period of congressional 212
review as provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved 213
December 24, 1973 (87 Stat. 813; D.C. Official Code § 1-206.02(c)(1)), and publication in the 214
District of Columbia Register. 215