District Of Columbia 2023-2024 Regular Session

District Of Columbia Council Bill PR25-1072 Latest Draft

Bill / Introduced Version Filed 11/27/2024

                            ______________________________ 1 
Councilmember Christina Henderson  2 
 3 
 4 
 5 
 6 
 7 
A PROPOSED RESOLUTION 8 
 9 
 10 
_________ 11 
 12 
 13 
IN THE COUNCIL OF THE DISTRICT OF COLUMBIA 14 
 15 
__________________ 16 
 17 
 18 
To declare the existence of an emergency with respect to the need to amend, on an emergency 19 
basis, the District of Columbia Official Code to allow retail establishments with a valid 20 
on-premises Class C or Class D retailer license to refuse cash as a form of payment.  21 
RESOLVED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this 22 
resolution may be cited as the “Entertainment Establishment Employee Safety Emergency 23 
Declaration Resolution of 2024”. 24 
Sec. 2. (a) The Cashless Retailers Prohibition Act, passed in 2020 and funded in 2023, 25 
prohibited retail establishments from refusing cash as a form of payment. However, due to public 26 
safety concerns, a provision was included in the Secure DC Omnibus Amendment Act of 2024, 27 
to temporarily pause this law. This pause is set to expire on January 1, 2025, at which the 28 
cashless retailer prohibition will go into effect. A permanent version of this emergency measure 29 
was introduced on September 16, 2024, and is pending in the Committee of the Whole.   30 
(b) Many businesses, particularly those that sell alcohol, are concerned for their 31 
employees’ safety and have shared multiple stories with the Council about successful and 32 
attempted robberies and burglaries of their establishments due to the presence of cash on 33 
premises and the need to transport large amounts of cash off the premises. Businesses that are 34  cashless are not at risk of robbery in the same way businesses with cash on hand are. The 35 
primary reason establishments choose to avoid cash payments is to reduce the risk of robbery 36 
and burglary, followed by the availability of non-cash payment options and reducing the risk of 37 
internal theft.  38 
(c) Consumer use of contactless payment options has surged dramatically since the initial 39 
introduction of the Cashless Retailers Prohibition Act of 2018. In 2018, there were 2.9 billion 40 
contactless transactions in the United States; by 2023, that number had increased more than 41 
sixfold, reaching 17.9 billion. The Federal Reserve's 2023 Diary of Consumer Payment Choice 42 
revealed that cash use had dropped to a near-record low in 2023, with consumers using cash 75% 43 
less frequently than credit and debit cards. Additionally, cash was the least common payment 44 
method for services at restaurants and bars in 2023. In recognition of the changes in consumer 45 
use of payment forms post-pandemic, and to strike a balance between the need for unbanked 46 
individuals to rely on cash as a form of payment to obtain necessary goods and services with the 47 
safety concerns of particularly vulnerable businesses, this emergency measure would exempt 48 
Class C or Class D alcohol license holders from the requirement to accept cash as payment.  49 
Sec. 3. This resolution shall take effect immediately. 50