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“Office and Commission of Nightlife Establishment Act of 2017” (Bill B22-508)

 

IN THE COUNCIL OF THE DISTRICT OF COLUMIA

  • To establish an Office of Nightlife within the Executive Office of the Mayor for the purpose of
  • coordinating District government agencies, businesses, and community groups to manage the
  • after-hours economy, and to establish a Commission of Nightlife to advise the Mayor,Council,
  • and Office of Nightlife on common issues and trends relating to the after-hours
  • BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this
  • act may be cited as the “Office and Commission of  Nightlife  Establishment  Act of  2017”.
  • 2. Definitions.
  • For the purposes of this act, the term:
  • (1) “After-hours economy” means economic activity occurring primarily between
  • the hours of 5 m. and 5 a.m. during weekdays and anytime during weekends.
  • (2) “Commission” means the Commission of Nightlife, established in section 29   S(a).
  • (3) “Creative industry” means the music, performing arts, and visual arts
  • (4) “Director” means the Director of the Office of
  • (5) “Member” means a member of the
  • (6) “Nightlife establishment” means an e tablishment that is open to the public for
  • entertainment or leisure, serves alcohol or where alcohol is consumed on the premises, and
  • conducts a large volume of business at T e term “nightlife establishment” includes, but is
  • not limited to, bars, entertainment venues, clubs and
  • (7) “Office” means the Office of Nightlife established in section
  • 3. Establishment  of the Office of Nightlife.”
  • There is established within the Executive Office of the Mayor the Office of
  • The Office shall be overseen by a Director who·shall be appointed by the .
  • 4. Duties of the Director.
  • The Director shall:
  • (1) Serve as a liaison to nightlife establishments in relation to city policies and
  • procedures affecting the after-hours economy and, in that capacity, shall:
  • (A) Conduct outreach to nightlife establishments and provide information
  • and assistance to such establishments in relation to· existing District policies an·d procedures for
  • responding to complaints, violations and other enforcement actions, and assist in the resolution of
  • conditions that lead to enforcement actions; and
  • (B) Serve as a point  of ·contact for  n ghtlife establishments to help such
  • establishments connect with District government a encies for matters including, but not limited
  • to, consumer  complaints,  issues  with  District  govemm nt  agencies,  and  obtaining  relevant
  • licenses, permits, or approvals;
  • (2) Advise and assist the Mayor and District government agencies that have duties
  • relating to nightlife establishments;
  • (3) Review information obtained from District government agencies on complaints
  • regarding and violations  issued  to nightlife  establishments and  develop  recommendations to
  • address recurring problems or trends, in consultation with  industry  representatives, advocates,
  • istrict agencie , community boards and residents;
  • (4) Serve as the intermediary  between  District government  agencies, Advisory
  • Neighborhood Commissioners,  residents,   and   nightlife   establishments  to  pursue, through
  • neighborhood-specific policy recommendations, long-term solutions to issues related to the after-
  • hours economy;
  • (5) Review and provide  to the Department  of Employment  Services (“DOES”)
  • information relating to after-hours economy  workforce  conditions,  and upon request, assist DOES
  • . in  developing   recommendations  to ·address  common   issues  or  trends   related   to nightlife
  • establishments’ work conditions;
  • (6) Promote an economically and culturally  vibrant after-hours economy, while
  • accounting for the best interests of the District and its residents;
  • (7) Appear before and consult w_ith the Commission on ways to improve  laws  and
  • policies that impact the after-hours economy;.
  • (8) Prepare and submit a report no later than December 31 annually to the Mayor,
  • Chairman of the·council, and Commission  detailing  the actions  the coordinator  has taken over th
  • prior fiscal year and providing any recommendations he or she has pursuant to this section;·and
  • (9) Perform other relevant duties as the Mayor may
  • Section 5. Commission  of
  • (a) There is established a Commission of Nightlife to identify and study common issues
  • and trends relati g to the after-hours economy and advise the Mayor, Council, and Office, as

 

  • appropriate, on ways to improve laws and policies that impact the after-hours
  • {b) The Commission shall consist of 5 n:iembers appointed by the Members shall
  • serve 2-year terms, except that of the 5 initial members, 2 shall serve a term of one-year.
  • Members may be Terms for the initial members shall begin on the date a majority
  • of the members are sworn in, which shall become the anniversary date for all subsequent
  • When a vacancy occurs on the Commission, the Mayor shall appoint a successor
  • to fill the unexpired portion of the
  • (c) Members shall be District residents and consist of each of the followin
  • (1) An executive at Events DC;
  • (2) A member who is an owner of a business holding an on-premises retailer’s
  • license pursuant to section 11 of AN ACT To c ntrol the manufacture, transpo_rtation,
  • possession, and sale of alcoholic beverages in the District of Columbia, approved January 24,
  • 1934 (48 Stat. 324; D.C. Official Code§ 25-113);

 

  • (3) A member employed in a creative industry;
  • (4) A member sitting on the board of directors of a Business Improvement
  • District, as defined in section 3(7) of the Business Improvement Districts Amendment Act of
  • 1997, effective October 8, 1997 (D.C. Law 12-26; c. Official Code§ 2-1215.02); and
  • (5) A member who is an administrator fr?m .a District-based college or university
  • where at least 50% of students live in college- or university-owned, -operated, or -affilia
  • (d) The Mayor shall appoint a chairperson from among the
  • (e) The Commission shall examine the following:
  • (1) The regulatory structure of the after-hours economy;
  • (2) Common complaints regarding nightlife establishments;
  • (3) Public safety concerns related to the after-hours econom
  • (4) The enforcement of after-hours economy-related laws and rules;
  • (5) The integration of the after-hours economy into the District’s neighborhoods
  • (6) The availability and, responsiveness of the Office to concerns of nightlife
  • establishments; and
  • (7) Any other issues the Commission finds r
  • (e) The Commission shall develop its own rules of procedure.
  • (f) The Commission shall meet at least A quorum shall require at leas
  • members being
  • 6. Rules.
  • The Mayor, pursuant to Title I of the District of Columbia Administrative Procedure Act,
  • approved October 21, 1968 (82 1204; D.C. Official Code§ 2-501 et seq.), may issue rules
  • to implement the provisions of this  ac
  • 7. Fiscal impact statement.
  • The Council adopts the fiscal impact statement in the committee report as the fiscal
  • impact statement required by section 4a of the General Legislative Procedures Act of 1975,
  • approved October 16, 2006 (120 Stat. 2038; D.C. Official Code§ 1-301.47a).
  • 8. Effective date.
  • This act shall take effect following approval by the Mayor (or in the event of veto by the
  • Mayor, action by Council to override the veto), a 30-day period of congressional review as
  • provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December
  • 24, 1973 (87 813; D.C. Official Code§ 1-206.Q2(c)(l)), and publication in the District ofColumbia