§ 10–1102.02. Payments; refunds.

(a) The Council of the District of Columbia shall by regulation provide for the payment of rent for the use of public space as authorized by this part. The annual rent for such space shall be a fair and equitable amount fixed by the Council from time to time in accordance with regulations adopted by it, generally establishing categories of use and providing that the rent for each category of use shall bear a reasonable relationship to the assessed value of the privately owned land abutting such space, depending on the nature of the category of use and the extent to which the public space may be utilized for such purpose, but in no event shall the annual rent for the public space so utilized be at a rate of less than 4 per centum per annum of the current assessed value of an equivalent area of the privately owned space immediately abutting the public space so utilized; provided, that the annual rent for public space used as an unenclosed sidewalk cafe shall be $5 per square foot and the annual rent for public space used as an enclosed sidewalk cafe shall be $10 per square foot. Unenclosed flower and fruit stands shall be charged the same rate as unenclosed sidewalk cafes, and enclosed flower and fruit stands shall be charged the same rate as enclosed sidewalk cafes. Such rent shall be payable in advance for such periods as may be fixed by the Council. In the event the Mayor requires any person using public space under the authority of this part to vacate all or part of any space for which rent has been paid, the Mayor is authorized to refund so much of such prepaid rent as may be represented by the amount of space so vacated and by the length of time remaining in the period for which rent was paid.

(b) Notwithstanding the requirements of subsection (a) of this section, the District shall not charge a fee to an organization for occupying public space to operate a farmers market; provided, that it participates in the Supplemental Nutritional Assistance Program and the Women, Infants and Children Farmers Market Nutrition Program.

(Oct. 17, 1968, 82 Stat. 1158, Pub. L. 90-596, title II, § 202; Sept. 17, 1982, D.C. Law 4-148, § 5, 29 DCR 3361; Sept. 10, 1992, D.C. Law 9-145,§ 101(a), 39 DCR 4895; Aug. 6, 1993, D.C. Law 10-11, § 117, 40 DCR 4007; Sept. 30, 1993, D.C. Law 10-25, § 117, 40 DCR 5489; Feb. 26, 2015, D.C. Law 20-155, § 6002(b), 61 DCR 9990; Oct. 22, 2015, D.C. Law 21-36, § 7028(1), 62 DCR 10905.)

Prior Codifications

1981 Ed., § 7-1005.

1973 Ed., § 7-906.

Effect of Amendments

The 2015 amendment by D.C. Law 20-155 added (b).

The 2015 amendment by D.C. Law 21-36 rewrote (b).

Emergency Legislation

For temporary amendment of section, see § 117 of the Omnibus Budget Support Emergency Act of 1993 (D.C. Act 10-32, June 3, 1993, 40 DCR 3658).

For temporary (90-day) amendment of section, see § 2(b) of the Street Festival One Day Permit Emergency Amendment Act of 1999 (D.C. Act 13-129, August 4, 1999, 46 DCR 6646).

For temporary (90 days) amendment of this section, see §§ 6002(a) and 6003 of the Fiscal Year 2015 Budget Support Congressional Review Emergency Act of 2014 (D.C. Act 20-449, October 10, 2014, 61 DCR 10915, 20 STAT 4188).

For temporary (90 days) amendment of this section, see §§ 6002(b) and 6003(b) of the Fiscal Year 2015 Budget Support Emergency Act of 2014 (D.C. Act 20-377, July 14, 2014, 61 DCR 7598, 20 STAT 3696).

For temporary (90 days) amendment of this section, as amended by D.C. Law 20-155, § 6002(b)(2), see § 2(i)( 1) of the Fiscal Year 2015 Budget Support Clarification Emergency Act of 2014 (D.C. Act 20-461, November 6, 2014, 61 DCR 11784, 20 STAT 4368).

For temporary (90 days) amendment of this section, see § 6002(b) of the Fiscal Year 2015 Budget Support Second Congressional Review Emergency Act of 2014 (D.C. Act 20-566, January 9, 2015, 62 DCR 884, 21 STAT 541).

For temporary (90 days) amendment of this section, see § 2(i)( 1) of the Fiscal Year 2015 Budget Support Clarification Congressional Review Emergency Amendment Act of 2014 (D.C. Act 20-587, January 13, 2015, 62 DCR 1294, 21 STAT 758).

For temporary (90 days) amendment of this section, see § 7016(g)(1) and (y)(1) of the Fiscal Year 2016 Budget Support Emergency Act of 2015 (D.C. Act 21-127, July 27, 2015, 62 DCR 10201).

Temporary Legislation

For temporary (225 day) amendment of section, see § 117 of Omnibus Budget Support Temporary Act of 1993 (D.C. Law 10-11, August 6, 1993, law notification 40 DCR 6213).

For temporary (225 day) amendment of section, see § 501(b)(1) of Omnibus Budget Support Temporary Act of 1992 (D.C. Law 9-134, July 23, 1992, law notification 39 DCR 5815).

For temporary (225 days) amendment of this section, see § 2(h)( 1) of the Fiscal Year 2015 Budget Support Clarification Temporary Amendment Act of 2014 (D.C. Law 20-179, March 7, 2015, 62 DCR 424).

Editor's Notes

Applicability of D.C. Law 21-36: Section 7048(a) of D.C. Law 21-36 provided that § 7028 of the act shall apply as of July 1, 2015.

Change in Government

This section originated at a time when local government powers were delegated to the District of Columbia Council and to a Commissioner of the District of Columbia. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 ( D.C. Code, § 1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act ( D.C. Code, § 1-207.14(a)), appropriate changes in terminology were made in this section.