Chapter 54. Cashless Retail Prohibition.

§ 28–5401. Definitions.

(1) "Retailer" means a person holding a basic business license who is engaged in retail sales.

(2) "Retail sales" means the sale of any tangible personal property or service to an ultimate consumer.

§ 28–5402. Prohibited practices.

*NOTE: This section includes amendments by emergency legislation that will expire on June 9, 2024. To view the text of this section after the expiration of all emergency and temporary legislation, click this link: Permanent Version.*

Beginning January 1, 2025, a retailer shall not discriminate against cash as a form of payment for goods or services, including by:

(1) Refusing to accept cash as a form of payment;

(2) Posting signs on the premises that cash payment is not accepted; or

(3) Charging a higher price to consumers who pay cash.

(Mar. 16, 2021, D.C. Law 23-187, § 2(c), 68 DCR 001031; Mar. 11, 2024, D.C. Act 25-410, § 27, 71 DCR 2693.)

Applicability

Section 7082 of D.C. Law 25-50 repealed section 3 of D.C. Law 23-187 removing the applicability provision impacting this section. Therefore the creation of this section by section 2(c) of Law 23-187 has been implemented.

Applicability of D.C. Law 23-187: § 3 of D.C. Law 23-187 provided that the creation of this section by § 2(c) of D.C. Law 23-187 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.

Emergency Legislation

For temporary (90 days) amendment of this section, see § 27 of Secure DC Omnibus Emergency Amendment Act of 2024 (D.C. Act 25-410, Mar. 11, 2024, 71 DCR 2693).

§ 28–5403. Civil penalties.

Failure to comply with the requirements of this chapter shall be an unlawful trade practice under § 28-3904.

§ 28–5404. Exceptions.

The provisions of this chapter shall not apply:

(1) To retail sales made via mail, phone, or internet;

(2) To parking facilities that do not already accept cash as a form of payment as of December 1, 2020;

(3) To a food store or retail establishment that provides a device on premises that converts cash, without charging a fee or requiring a minimum deposit amount greater than 5 dollars, into a prepaid card ("cash-to-card device") that allows a consumer to complete a transaction at the food store or retail establishment; provided, that:

(A) Upon request, the cash-to-card device shall provide each consumer with a receipt indicating the amount of cash deposited onto the prepaid card;

(B) The prepaid card shall not be subject to an expiration date and there shall be no limit on the number of transactions that may be completed on the card; and

(C) In the event that the cash-to-card device malfunctions, the food store or retail establishment where the cash-to-card device is located shall accept, in accordance with this chapter, payment in cash from consumers during the time period in which the cash-to-card device does not function; or

(4) During a period of time for which the Mayor has declared a public health emergency pursuant to [§ 7-2304.01].