Retail District Management Regulatory Reform Act Of 2001

Legislation (Proposed)

Retail District Management Regulatory Reform Act of 2001

Chair, DCBIA Legislative/Government Affairs Committee

The Council of the District of Columbia has before it Bill 14-281, the "Retail Space Management Regulatory Reform Act of 2001," intended to "enhance commercial retail districts through the organized management of sidewalk activities, street furniture, and other amenities to improve the outdoor ambiance of the District's retail areas." This enabling legislation would allow a recognized business improvement district (BID) or community development corporation (CDC) to determine that areas within its jurisdiction need special attention relating to the management of public pedestrian spaces.

Under the provisions of the proposed legislation, a BID or CDC could petition the City for designation of areas within its improvement district or development area as a "Retail District Enhancement Zone." If designated, the BID or CDC would have the authority to control street vending activities in that area and other public space uses, such as the location and design of vending boxes, public art, street furniture, signs and banners and sidewalk cafes located in public spaces.

On October 17th, the Council's Committee on Consumer and Regulatory Affairs conducted a public hearing on the legislative proposal. More than 30 witnesses presented testimony at the hearing, including Mike Howard of CarrAmerica CADI, chair of DCBIA's Retail Business Development Committee. Testimony ranged from overt support for the proposal to vehement opposition. Vendors, media giants, business improvement district representatives and other interested parties presented testimony for many hours.

In DCBIA's testimony, we expressed cautious support for the proposed legislation, having raised privately with proponents of the legislation concerns about the breadth of governmental authority that would be delegated to a BID or CDC, the potential for increasing, rather than streamlining controls over public spaces, and questions of whether appropriate due process protections would be available to those businesses that potentially may be disappointed with the decision of a BID or CDC relating to the use of public space.

At the end of the hearing, it became very clear that there was no consensus on the proposed legislation, and the hearing was adjourned with no expectation that the legislation would be reported out of Committee in the near term.

The legislation's...