Chapter 1A. Automated Teller Machines.
§ 26–131.01. Short title.
This chapter may be cited as the “Automated Teller Machine Act of 2000”.
§ 26–131.02. Definitions.
For the purposes of this chapter, the term:
(1) “Access area” means a paved walkway or sidewalk which is within 50 feet of an automated teller machine. The term “access area” shall not include publicly maintained walkways, sidewalks, or roads.
(2) “Access device” shall have the same meaning as set forth in Federal Reserve System Regulation E, 12 C.F.R. Part 205.
(3) “Automated teller machine” means a stationary or mobile unattended device at which banking transactions, including deposits, withdrawals, or transfers, may be conducted. The term shall include satellite devices and any electronic information-processing device located in the District which accepts or dispenses cash in connection with a credit, deposit, or convenience account. The term shall not include a device which is used solely to facilitate a check guarantee or check authorization or which is used in connection with the acceptance or dispensing of cash on a person-to-person basis, such as by a store cashier.
(4) “Bank” shall have the same meaning as set forth in § 26-551.02(3).
(5) “Candlefoot power” means the light intensity of candles on a horizontal plane at 36 inches above ground level and 5 feet in front of the area to be measured.
(6) “Commissioner” shall have the same meaning as set forth in § 26-551.02(7).
(7) “Control” means the authority to determine how, when, and by whom an access area, defined parking area, or automated teller machine is to be used and how the access area, defined parking area, or automated teller machine is to be maintained, lighted, and landscaped.
(8) “Customer” means a natural person to whom an access device has been issued for personal, family, or household use.
(9) “Defined parking area” means the portion of a parking area open for customer parking which is: (A) contiguous to an access area; and (B) regularly, principally, and lawfully used for parking, standing, or stopping by persons conducting automated teller machine transactions during hours of darkness. The term “defined parking area” shall not include a parking area which is not open or regularly used for parking by persons conducting automated teller machine transactions during hours of darkness. A parking area shall not be considered open if it is physically closed to access or if conspicuous signs indicate that it is closed. If a multiple level parking area would otherwise be considered a defined parking area under the definition above, only the single parking level deemed by the operator of the automated teller machine to be the most directly accessible to the users of the automated teller machine shall be considered a defined parking area.
(10) “District” means the District of Columbia.
(11) “District bank” shall have the same meaning as set forth in § 26-551.02(12).
(12) “District credit union” shall have the same meaning as set forth in § 26-551.02(13).
(13) “District of Columbia Banking Code” shall have the same meaning as set forth in § 26-551.02(14).
(14) “Federal credit union” means a credit union which has its principal office in the District and is chartered or organized as a federal credit union under the laws of the United States.
(15) “Financial institution” shall have the same meaning as set forth in § 26-551.02(18).
(16) “Hours of darkness” means the period that commences 30 minutes after sunset and ends 30 minutes before sunrise.
(17) “Network” means one or more financial institutions or other persons that:
(A) Own and operate one or more network of satellite devices or point-of-sale terminals; or
(B) Provide communications or processing services to one or more automated teller machines, point-of-sale terminals, or similar retail electronic banking facilities located in the District.
(18) “Operator” means, with respect to an automated teller machine or a point-of-sale terminal, the person who imposes the fee on, or receives the fee from, a customer using the automated teller machine or point-of-sale terminal.
(19) “Out-of-state” means a state other than the District or any foreign country.
(20) “Out-of-state bank” means a bank that is chartered out-of-state and that is not chartered by the District.
(21) “Out-of-state credit union” means a credit union that is chartered out-of-state and that is not chartered by the District.
(22) “Person” shall have the same meaning as set forth in § 26-551.02(21).
(23) “Point-of-sale terminal” means a device located in a business establishment that is used for the purchase of a good or service where a personal identification number is required and where sales transactions can be charged directly to the buyer’s deposit, loan, or credit account, but at which deposit transactions cannot be conducted. The term “point-of-sale terminal” shall not include an access device.
(24) “Satellite device” means an automated teller machine of a bank or credit union which is not located at a physical office of the bank or credit union.
(25) “Surcharge” means a charge, or portion of a charge, imposed by the operator of an automated teller machine or point-of-sale terminal for use of the automated teller machine or point-of-sale terminal.
§ 26–131.03. Establishment of an automated teller machine or point-of-sale terminal.
(a) A District bank, federal bank, District credit union, or federal credit union may establish in the District, and operate on a transaction fee basis, an automated teller machine. A District bank or a District credit union may establish and operate outside of the District an automated teller machine.
(b) An out-of-state bank that maintains a branch in the District or an out-of-state credit union that maintains a subsidiary office in the District may establish and operate on a transaction fee basis an automated teller machine in the District.
(c) A District bank, federal bank, out-of-state bank, District credit union, federal credit union, out-of-state credit union, or other person may establish and operate a point-of-sale terminal in the District.
§ 26–131.04. Satellite device or point-of-sale terminal.
(a) A District bank, federal bank, out-of-state bank, District credit union, federal credit union, or out-of-state credit union which has established a satellite device or point-of-sale terminal in the District shall make the satellite device or point-of-sale terminal available on a nondiscriminatory basis for use by any other bank or credit union; provided, the establishing bank or credit union may require the other bank or credit union to pay a non-discriminatory and reasonably proportionate share of all acquisition, installation, and operating costs for the satellite device or point-of-sale terminal. The satellite device or point-of-sale terminal shall identify with equal prominence all of the banks, credit unions, or networks which use the satellite device or point-of-sale terminal.
(b) A District bank, federal bank, out-of-state bank, District credit union, federal credit union, or out-of-state credit union which has established in the District an automated teller machine which is not a satellite device may permit any other bank or credit union to use the automated teller machine; provided, that if such permission is granted:
(1)(A) The automated teller machine which is not a satellite device shall be made available on a nondiscriminatory basis for use by any other bank or credit union; and
(B) The establishing bank or credit union may require a payment by the other bank or credit union of a nondiscriminatory and reasonably proportionate share of all acquisition, installation, and operating costs; and
(2) The automated teller machine shall identify with equal prominence all of the banks, credit unions, and networks which use the automated teller machine.
(c) For the purposes of subsections (a) and (b) of this subsection, the proportionality of the charge shall be based on the number of transactions processed at the satellite device or point-of-sale terminal.
§ 26–131.05. Evaluation of automated teller machine safety.
(a) An operator of, or person controlling, an automated teller machine shall adopt procedures for evaluating the safety of an automated teller machine. The procedures shall include a consideration of the following:
(1) The extent to which the lighting for the automated teller machine complies, or will comply, with the standards required by this chapter;
(2) The presence of obstructions, including landscaping and vegetation, in the area of the automated teller machine, the access area, and the defined parking area; and
(3) The incidence of crimes of violence in the immediate neighborhood of the automated teller machine, as reflected in the records of the local law enforcement agency.
(b) This chapter shall not impose a duty to relocate or modify an automated teller machine upon the occurrence of a particular event or circumstance.
§ 26–131.06. Lighting of automated teller machine area.
(a) A person who controls an access area or a defined parking area shall provide lighting for the access area or defined parking area, and the operator or person controlling an automated teller machine shall provide lighting for the automated teller machine and the exterior of an enclosed automated teller machine installation, during hours of darkness if the automated teller machine is open and operating, according to the following standards:
(1) There shall be a minimum of 10 candlefoot power at the face of the automated teller machine extending unobstructed outward 5 feet.
(2) There shall be a minimum of 2 candlefoot power within 50 feet in all unobstructed directions from the face of the automated teller machine.
(3) If the automated teller machine is located within 10 feet of the corner of a building and the automated teller machine is generally accessible from the adjacent side of the building, there shall be a minimum of 2 candlefoot power along the first 40 unobstructed feet of the adjacent side of the building.
(4) There shall be a minimum of 2 candlefoot power in the portion of the defined parking area within 60 feet of the automated teller machine.
(b) This section shall not apply to an automated teller machine which is located inside a building:
(1) Unless the building is a freestanding installation that exists for the sole purpose of providing an enclosure for the automated teller machine; or
(2) If an automated teller machine transaction can be conducted from outside the building.
§ 26–131.07. Automated teller machine surcharge disclosure.
(a) An operator of an automated teller machine in the District shall not impose a surcharge upon a customer for the use of an automated teller machine, including a use where there is a sale of a good or service, unless the surcharge is clearly disclosed to the customer electronically on the automated teller machine. After the disclosure is made, the person using the automated teller machine shall be provided an opportunity to cancel the use of the automated teller machine without incurring a surcharge.
(b) If person using an automated teller machine uses an access device issued by a person other than the operator of the automated teller machine, the operator of the automated teller machine shall disclose to the person using the automated teller machine that, in addition to any surcharge charged by the operator, a fee may be charged by the person’s financial institution for the use of the automated teller machine.
§ 26–131.08. Point-of-sale terminal surcharge disclosure.
(a) An operator of a point-of-sale terminal in the District shall not impose a surcharge upon a person for the use of the point-of-sale terminal unless the surcharge is clearly disclosed to the person before the surcharge is incurred and before the customer is obligated to pay for a good or service.
(b) A disclosure under subsection (a) of this section shall be made as follows:
(1) If the point-of-sale device is purchased before June 9, 2001, or does not have an electronic display, the fee disclosure shall be on a label meeting federal standards or such other standards as may be promulgated by the Commissioner consistent with the purposes of this chapter.
(2) If the point-of-sale device is purchased on or after June 9, 2001, and has an electronic display, the fee disclosure shall be on a label meeting federal standards or such other standards as may be promulgated by the Commissioner consistent with the purposes of this chapter and shall be displayed on the electronic display before the surcharge is incurred and before the person using the point-of-sale terminal is obligated to pay for the good or service being purchased.
§ 26–131.09. Complaints against an operator of an automated teller machine.
(a) An operator of an automated teller machine shall clearly and conspicuously disclose on a label or sign posted on the automated teller machine, or in clear view of a person viewing the automated teller machine, the name, address, and telephone number of the Department and the operator. The label or sign shall also state that a person may send comments or complaints regarding the automated teller machine to the Department and shall state that the Department is an agency of the District.
(b) The Commissioner may investigate a complaint, in whatever form received, regarding an automated teller machine. The investigation of the Commissioner under this subsection may include an examination of the automated teller machine. The operator of the automated teller machine shall pay to the Commissioner the reasonable costs and expenses incurred by the Commissioner for the examination or investigation.
§ 26–131.10. Registration of automated teller machines.
(a) Except as provided in subsections (d) and (e) of this section, an automated teller machine operated in the District shall be registered with the Commissioner by the operator of the automated teller machine. The operator shall pay annually to the Commissioner a nonrefundable registration fee of $500 for the first automated teller machine operated by the operator in the District and $50 for each additional automated teller machine operated by the operator in the District. If the operator does not pay the total annual fee imposed under this subsection, each automated teller machine of the operator in the District shall be considered not to be registered under this subsection.
(b) No refund or abatement of a registration fee paid under this section shall be made if the registration is surrendered, cancelled, revoked, or suspended before the expiration of the period for which the fee was paid.
(c) The Commissioner may suspend, revoke, or refuse to renew the registration of an operator under this section if the Commissioner finds that the operator or an owner, director, officer, member, partner, trustee, employee, or agent of the operator has:
(1) Made a material misstatement in the application for registration;
(2) Committed a fraud, engaged in dishonest activity, or made a misrepresentation in connection with the operation of the automated teller machine;
(3) Demonstrated a lack of competence in connection with the operation of the automated teller machine; or
(4) Violated any provision of this chapter or any regulation promulgated under this chapter.
(d) The registration requirement in subsection (a) of this section shall not apply to automated teller machines owned or operated by a depository institution insured by the Federal Deposit Insurance Corporation.
(e) The Electronic Fund Transfer Act, approved November 10, 1978 (92 Stat. 3728; 15 U.S.C. § 1693 et seq.), and any regulations issued, or that may be issued, under the Electronic Fund Transfer Act, except for those provisions, amendments, or regulations that establish crimes or provide for nonfinancial penalties, are hereby adopted as part of this chapter. Compliance with the Electronic Fund Transfer Act shall be considered to be compliance with this section.
§ 26–131.11. Record keeping requirements.
An operator of an automated teller machine in the District shall maintain and, upon request, make available to the Commissioner, in a form satisfactory to the Commissioner, such books, records, and accounts as will enable the Commissioner to verify the daily activity at each of the operator’s automated teller machines. An operator shall retain the books, records, and accounts referred to in the previous sentence for at least 90 days from the date of the daily activity.
§ 26–131.12. Penalties.
If the Commissioner finds, after notice and a hearing, that a person has violated this chapter or a rule or regulation promulgated, or order issued, under this chapter, the Commissioner may order the person to pay to the Department a civil penalty in such amount as the Commissioner determines is appropriate; provided, that the amount of the penalty shall not exceed $1,000 for a violation; provided further, that if there is a continuing violation, the penalty may be no more than the greater of $1,000 or $100 multiplied by the number of days that the violation has continued.
§ 26–131.13. Authority of Commissioner to issue rules and regulations.
The Commissioner may promulgate rules and regulations to implement the provisions of this chapter in accordance with subchapter I of Chapter 5 of Title 2.
