1 ___________________________

2 Councilmember David Grosso

3

5 A BILL

6 ___________

7 IN THE COUNCIL OF THE DISTRICT OF COLUMBIA

8 _______________

9 To amend Title 28 of the District of Columbia Official Code to require retail food establishments
10 to accept cash; to prevent discrimination against customers who prefer to use cash or do not have
11 access to credit cards or other payment methods; and to provide for enforcement of this
12 requirement.

13 BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this

14 act may be cited as the “Cashless Retailers Prohibition Act of 2018.”

15 Sec. 2. Title 28 of the District of Columbia Official Code is amended as follows:

16 (a) The table of contents for the title is amended by adding a new chapter designation
17 as follows:
18 “54. Cash Payment Discrimination.”.
19 (b) Section 29-3904 is amended as follows:
20 (1) Paragraph (hh) is amended by striking the phrase “or”.
21 (2) Paragraph (ii) is amended by striking the period and inserting the phrase “; or”
22 in its place.
23 (3) A new paragraph (jj) is added to read as follows:

24 “(jj) violate any provision of Chapter 54 of this title.”.

25 (c) A new Chapter 54 is added to read as follows:

26 “CHAPTER 54. CASHLESS RETAIL PROHIBITION.

27 “Sec.

28 “28-5401. Definitions

29 “28-5402. Prohibited practices.

30 “28-5403. Civil penalties.

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2 Ҥ28-5401. Definitions.

3 “For the purposes of this chapter, the term “Retailer” means a licensee holding a basic
4 business license with a Public Health: Food Establishment Retail endorsement
5 pursuant to §47-2851.03(10)(A)(J).

6 Ҥ28-5402. Prohibited practices.

7 “A retailer shall not:

8 “(a) Discriminate against cash as a form of payment for services purchased on the
9 licensed premises;

10 “(b) Post signs on the licensed premises that cash payment is not accepted;

11 “(c) Charge different prices to customers depending on their payment method.

12 Ҥ28-5403. Civil penalties.

13 “(a) Failure to comply with the requirements of this chapter shall be an unlawful trade
14 practice under “§28-3904.”.

15 Sec. 3. Fiscal impact statement.

16 The Council adopts the fiscal impact statement in the committee report as the fiscal impact

17 statement required by section 602(c)(3) of the District of Columbia Home Rule Act, approved

18 December 24, 1973 (87 Stat. 813; DC Official Code § 1-206.02(c)(3)).

19 Sec. 4. Effective date.

20 This act shall take effect following approval by the Mayor (or in the event of veto by the Mayor,

21 action by the Council to override the veto), a 30-day period of congressional review as provided

22 in section 602(c)(1) of the District of Columbia Home Rule Act, approved December 24, 1973

23 (87 Stat. 813; DC Official Code § 1-206.02(c)(1)), and publication in the District of Columbia

24 Register.