The Incentives Pilot is to be administered and enforced by the Mayor through the Department of Small and Local Business Development (DSLBD), will provide funding, pursuant to rules issued by the Mayor, to participants that make their restrooms available free of charge to any person, regardless of whether the person patronizes the place of public accommodation.
Within one year after the applicability date of this act, the Mayor shall select one BID as the location to administer the Pilot Program. To participate in the Pilot Program, a place of public accommodation within the BID may apply pursuant to rules issued by the Mayor. A BID shall be ineligible to participate in the Pilot Program if one of the sites recommended falls within its geographic boundary of one of the standalone public restroom pilot locations.
The Mayor shall create and distribute a sign to each participant that indicates that any person may use the place of public accommodation’s restroom facilities free of charge, regardless of whether the person patronizes the place of public accommodation. Within 30 days after receiving a sign each participant shall display the sign in a prominent location that is visible from the street or sidewalk. A participant that fails to comply with within 30 days after receiving a warning shall:
- Be deemed ineligible to participate in the Pilot Program during the following fiscal year; and
- Return a portion of the funds received under the Pilot Program, as determined by rules issued by the Mayor.
Nothing in this section shall be construed to:
- Require a participant to change its hours of operation or permit individuals to use its restroom facilities outside of its stated hours of operation; or
- Preclude a participant from denying entry to an individual who is violating District law, posing a health risk, or posing a threat of harm to themselves or others.
The Mayor shall maintain a list of participants in the Pilot Program on the District website.
The law charges the MPD, two years after the applicability of this act, with collecting information on police reports at/near the restrooms and the nature of the reports. Within two years of the applicability of this act, the Mayor shall report to the Council on the actual annual costs of installing, maintaining, policing, and repairing the public restroom facilities.
Within 180 days after the applicability date of this act, the Mayor shall issue rules to implement the provisions of this section.
