§ 47–2752. Arena fee.

(a) On or before July 15, 1994, each feepayer shall remit to the Mayor a special public safety fee which shall be based upon the annual District gross receipts of a feepayer for the feepayer’s preceding fiscal year.

(a-1)(1) For the fiscal year beginning October 1, 1994, and each fiscal year thereafter until, and including, October 1, 2000, each feepayer shall remit to the Mayor, on or before June 15, a fee that shall be based upon the annual District gross receipts of a feepayer for the feepayer’s preceding tax year and computed according to the fee schedule provided in subsection (b) of this section.

(2)(A) For purposes of this subsection, a feepayer that is exempt from taxation pursuant to § 47-1802.01 shall not be subject to the fee unless, as provided under § 47-1802.01 the feepayer has unrelated business income.

(B) If such feepayer exempt from taxation has unrelated business income, the feepayer shall remit to the Mayor the fee based upon the feepayer’s annual District gross receipts that were associated with the feepayer’s unrelated business income for the feepayer’s preceding fiscal year.

(3) Except as provided in paragraph (4) of this subsection, the Mayor shall collect the fee that shall be remitted pursuant to paragraph (1) of this subsection as agent on behalf of the Redevelopment Land Agency or such other District government agency or instrumentality designated by the Mayor and shall transfer the fee to the Redevelopment Land Agency or such other District government agency or instrumentality designated by the Mayor, to be used as follows:

(A) As a first priority, to finance the reimbursement of any fund of the General Fund of the District government, including, but not limited to, the Rainy Day Fund established in Fiscal Year 1995, which has been the source of any loan, reprogramming, or transfer of funds to any District government agency or instrumentality for reasonable, necessary, and verified predevelopment and developments costs that have been borne by such District agency or instrumentality for a downtown sports and entertainment arena;

(B) To finance the reimbursement of any District government agency or instrumentality for any and all reasonable, necessary, and verified predevelopment and development costs that are borne by such District government agency or instrumentality for a downtown sports and entertainment arena;

(C) To finance the demolition of buildings located on the future site of the downtown sports and entertainment arena and the relocation and housing of District employees from those buildings;

(D) To finance the acquisition of real property that will serve as the site for a downtown sports and entertainment arena; and

(E) To finance any other costs of the District government associated with the development of a downtown sports and entertainment arena.

(4)(A) The Redevelopment Land Agency, or such other District government agency or instrumentality which has been designated by the Mayor and about which the Mayor shall provide written notice to the Council prior to such designation, is authorized to be the agency which may pledge and create a perfected security interest in the fee that is remitted pursuant to paragraph (1) of this subsection for debt service payment on a term loan or other financing mechanism that is used for the purposes set forth in paragraph (3) of this subsection; provided, that such borrowing or other financing is consistent with the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 777; § 1-201.01 et seq.), and the laws of the District of Columbia.

(B) The Mayor shall provide the Council with the following information associated with the downtown sports and entertainment arena:

(i) A copy of any term sheet, loan commitment, and any other obligation executed by the Redevelopment Land Agency or any District government agency or instrumentality to finance the District government’s costs associated with the development of a downtown sports and entertainment arena;

(ii) A copy of each contract executed by the Redevelopment Land Agency, or any District government agency or instrumentality, for goods or services associated with the development of a downtown sports and entertainment arena; and

(iii) On or before July 1, 1995, and every 6 months thereafter, a biannual report which provides an accounting and itemization of all financial obligations and expenditures of the District government, and all revenues generated to the District government, associated with the development of a downtown sports and entertainment arena.

(b) Except as provided in subsection (b-1) of this section, the amount of the fee shall be computed according to the following schedule:

(1) Each feepayer with annual District gross receipts of $2,000,000 to $3,000,000 shall pay $1,000;

(2) Each feepayer with annual District gross receipts of $3,000,001 to $10,000,000 shall pay $3,300;

(3) Each feepayer with annual District gross receipts of $10,000,001 to $15,000,000 shall pay $6,500; and

(4) Each feepayer with annual District gross receipts over $15,000,000 shall pay $11,000.

(b-1) The amount of the fee to be remitted on or before June 15, 2001 shall be computed according to the following schedule:

(1) Each feepayer with annual District gross receipts of $2 million to $3 million shall pay $1,300;

(2) Each feepayer with annual District gross receipts of $3,000,001 to $10 million shall pay $4,325;

(3) Each feepayer with annual District gross receipts of $10,000,001 to $15 million shall pay $8,500; and

(4) Each feepayer with annual District gross receipts over $15 million shall pay $14,250.

(June 14, 1994, D.C. Law 10-128, § 302, 41 DCR 2096; Sept. 28, 1994, D.C. Law 10-189, § 2(b), 41 DCR 5357; Sept. 6, 1995, D.C. Law 11-33, § 2(b), 42 DCR 4038; enacted, Apr. 9, 1997, D.C. Law 11-254, § 2, 44 DCR 1575; Oct. 20, 1999, D.C. Law 13-38, § 2702(m)(2), 46 DCR 6373; Sept. 6, 2001, D.C. Law 14-19, § 2, 48 DCR 5727.)

Prior Codifications

1981 Ed., § 47-2752.

Section References

This section is referenced in § 47-398.01, § 47-398.02, and § 47-2753.

Effect of Amendments

D.C. Law 13-38 amended the section heading is by striking the phrase “Special public safety fee” and inserting the phrase “Arena fee” in its place and rewriting the schedule in subsec. (b).

Section 2703(d) of D.C. Law 13-38 provides: “Section 2702(m) shall apply to all arena fees due for fiscal years beginning after September 30, 1999.”

D.C. Law 14-19, in subsec. (a-1), substituted “and including October 1, 2000” for “the requirements of paragraph (3) of this subsection have been met”; in subsec. (b), substituted “subsection (b-1)” for “subsection (c)”; added subsec. (b-1); and repealed subsec. (c) which had read:

“(c) On or before December 1 of each year, the Mayor shall certify to the Council the amount of revenue received by the District from imposition of the fee during the immediately preceding fiscal year and provide an estimate of the amount of revenue expected to be collected from the fee in the then current fiscal year. If the amount estimated to be collected in the then current fiscal year is less than $9 million, the Mayor shall increase the rate of the fee to provide that the estimated revenue in the then current fiscal year is not greater than $9 million. The Mayor shall notify the Council and feepayers of any new rates in the fee.”

Cross References

Convention center and sports arena authorization, borrowing funds for preconstruction activities, revenue required to secure borrowing, see § 47-398.01.

Convention center and sports arena authorization, permitting certain District revenues to be pledged as security for borrowing, revenues from sports arena tax, see § 47-398.02.

Emergency Legislation

For temporary (90 day) amendment of section, see § 2 of Arena Fee Rate Adjustment and Elimination Emergency Act of 2001 (D.C. Act 14-33, April 2, 2001, 48 DCR 3347).

For temporary (90 day) amendment of section, see § 5 of Finance and Revenue Technical Amendments Second Emergency Amendment Act of 2006 (D.C. Act 16-585, December 28, 2006, 54 DCR 340).

Temporary Legislation

For temporary (225 day) amendment of section, see § 2 of Arena Fee Rate Adjustment and Elimination Temporary Act of 2001 (D.C. Law 14-14, May 10, 2001, law notification 48 DCR 6590).

Editor's Notes

Revenues as security for arena construction borrowing: For provisions permitting certain District revenues to be pledged as security for borrowing for preconstruction activities relating to Gallery Place Sports Arena, see § 47-398.2 as enacted by Pub. L. 104-28, § 203, 109 Stat. 269.

Waiver of Congressional review: For provisions waiving Congressional review of the Arena Tax Payment and Use Amendment Act of 1995, see § 301 of Pub. Law 104-28, 109 Stat. 270.

Exclusive Development Rights Agreement for the Downtown Arena Resolution of 1995: Pursuant to Resolution 11-11, effective February 7, 1995, the Council approved the exclusive development rights agreement for the development and construction of a downtown arena.