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AN ACT
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IN THE COUNCIL OF THE DISTRICT OF COLUMBIA
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To amend, on an emergency basis, the Coronavirus Support Congressional Review Emergency
Amendment Act of 2020 and certain other laws to clarify provisions relating to tenant
payment plans, commercial rent increases during a public health emergency, small
business microgrant eligibility, grants for promoting coronavirus awareness, rules for
serving alcohol on expanded outdoor restaurant seating, and COVID-19 leave; and to
provide provisions related to emergency credit alerts, living wills, approval of a contract
under Council review, and the designation of the Black Lives Matter plaza.
BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this
act may be cited as the Coronavirus Support Clarification Emergency Amendment Act of
2020.
Sec. 2. The Coronavirus Support Congressional Review Emergency Amendment Act of
2020, effective June 8, 2020 (D.C. Act 23-328; 67 DCR ___), is amended as follows:
(a) Section 205(d) (D.C. Official Code 48-641(d)) is amended by striking the phrase
food delivery platform as a term of a contract or agreement between the platform and the
restaurant in connection with the restaurants use of the platform and inserting the phrase food
delivery platform in its place.
(b) Section 402 (D.C. Official Code 42-3281) is amended as follows:
(1) Subsection (a) is amended as follows:
(A) Paragraph (1) is amended by striking the phrase gross rent that comes
due during and inserting the phrase gross rent and any other amounts that come due under the
lease during in its place.
(B) Paragraph (4) is amended by striking the phrase due to a default on
the monetary amounts due during the lease period; provided, that the tenant does not default on
the terms of and inserting the phrase by entering into in its place.
(2) Subsection (d)(1) is amended to read as follows:
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(1) Demonstrates to the provider evidence of a financial hardship resulting
directly or indirectly from the public health emergency, regardless of an existing delinquency or
a future inability to make rental payments established prior to the start of the public health
emergency; and.
(3) Subsection (h)(1) is amended to read as follows:
(1) Eligible tenant means a tenant that:
(A) Has notified a provider of an inability to pay all or a portion of the
rent due as a result of the public health emergency;
(B) Is not a franchisee unless the franchise is owned by a District
resident; and
(C) Has leased from a provider:
(i) A residential property;
(ii) Commercial retail space; or
(iii) Commercial space that is less than 6,500 square feet in size
and that comprises all or part of a commercial building..
(c) Section 406(b) (D.C. Official Code 42-3202.01(b)) is amended to read as follows:
(b)(1) Notwithstanding any other provision of law, a rent increase for a commercial
property shall be prohibited during a period for which a public health emergency has been
declared pursuant to section 5a of the District of Columbia Public Emergency Act of 1980,
effective October 17, 2002 (D.C. Law 14-194; D.C. Official Code 7-2304.01), and for 30 days
thereafter.
(2) For the purposes of this subsection, the term commercial property means:
(A) A commercial retail establishment; or
(B) Leased commercial space that is less than 6,500 square feet in size
and that comprises all or part of a commercial building.
(3) Any increase of rent on a commercial property made by a landlord between
March 11, 2020, and June 9, 2020, shall be null and void and any excess rent paid by a tenant
shall be credited to the tenant..
Sec. 3. Section 2316(e)(2) of the Small and Certified Business Enterprise Development
and Assistance Act of 2005, effective June 8, 2020 (D.C. Act 23-328; D.C. Official Code 2-
218.16(e)(2)), is amended to read as follows:
(2) Eligible small business means a business enterprise eligible for
certification under section 2332, a nonprofit entity, or an independent contractor or self-
employed individual determined ineligible for unemployment insurance by the Director of the
Department of Employment Services, unless the independent contractor or self-employed
individual is eligible for and receiving unemployment insurance benefits unrelated to their self-
employment or independent contractor work, and is otherwise eligible for a grant pursuant to this
subsection..
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Sec. 4. The District of Columbia Public Emergency Act of 1980, effective March 5, 1981
(D.C. Law 3-149; D.C. Official Code 7-2301 et seq.), is amended by adding a new section 5b
to read as follows:
Sec. 5b. Public health emergency response grants.
(a) Upon the Mayors declaration of a public health emergency pursuant to section 5a,
and for a period not exceeding 90 days after the end of the public health emergency, the Mayor
may, notwithstanding the Grant Administration Act of 2013, effective December 24, 2013 (D.C.
Law 20-61; D.C. Official Code 1-328.11 et seq.), and in the Mayors sole discretion, issue a
grant or loan to a program or organization to assist the District in responding to the public health
emergency, including a grant or loan for the purpose of:
(1) Increasing awareness and participation in disease investigation and contact
tracing;
(2) Purchasing and distributing personal protective equipment;
(3) Promoting and facilitating social distancing measures;
(4) Providing public health awareness outreach; or
(5) Assisting residents with obtaining disease testing, contacting health care
providers, and obtaining medical services.
(b) The Mayor may issue one or more grants to a third-party grant-managing entity for
the purpose of issuing or administering grants on behalf of the Mayor in accordance with the
requirements of this section.
(c)(1) The Mayor, and any third-party entity chosen pursuant to subsection (b) of this
section, shall maintain a list of all grants and loans awarded pursuant to this section with respect
to each public health emergency for which grants or loans are issued. The list shall identify, for
each award, the grant or loan recipient, the date of award, the intended use of the award, and the
award amount.
(2) The Mayor shall publish the list online no later than 60 days after the first
grant or loan is issued under this section with respect to a specific public health emergency and
shall publish an updated list online within 30 days after each additional grant or loan, if any, is
issued with respect to the specific public health emergency.
(d) The Mayor, pursuant to section 105 of the District of Columbia Administrative
Procedure Act, approved October 21, 1968 (82 Stat. 1206; D.C. Official Code 2-505), may
issue rules to implement the provisions of this section..
Sec. 5. Title 25 of the District of Columbia Official Code is amended as follows:
(a) Section 25-113(a) is amended by adding a new paragraph (6) to read as follows:
(6)(A) An on-premises retailers licensee, class C/R, C/T, D/R, D/T, C/H, D/H,
C/N, D/N, C/X, or D/X, including a multipurpose facility or private club, or a manufacturers
licensee, class A or B, with an on-site sales and consumption permit, or a Convention Center
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food and alcohol business may register with the Board at no cost to sell, serve, and permit the
consumption of beer, wine, or spirits on new or expanded temporary ground floor or street level
outdoor public or private space not listed on its existing license. Board approval shall not be
required to register; provided that the licensee:
(i) Registers with the Board and receives written authorization
from ABRA prior to selling, serving, or permitting the consumption of alcoholic beverages on
the proposed outdoor public or private space;
(ii) Registers with DDOT prior to operating on any proposed
outdoor public space or receives written approval from the property owner prior to utilizing any
proposed outdoor private space; and
(iii) Agrees to follow all applicable DCRA, DOH, and DDOT
laws and regulations and Mayors Orders.
(B) An on-premises retailers licensee, class C or D, or a manufacturers
licensee, class A or B, with an on-site sales and consumption permit or a Convention Center food
and alcohol business that has registered with the Board to sell, serve, and permit the consumption
of beer, wine, and spirits to seated patrons on outdoor public or private space not listed on its
existing license in accordance with subparagraph (A) of this paragraph shall:
(i) Place tables on the outdoor public or private space serving
separate parties at least 6 feet apart from one another;
(ii) Ensure that all outdoor dining customers are seated and place
orders and are served food or alcoholic beverages at tables;
(iii) Prohibit events and activities that would require patrons to
cluster or be in close contact with one another, including dancing, playing darts, video games, or
other outdoor games;
(iv) Prohibit patrons from bringing their own alcoholic beverages;
(v) Prohibit self-service buffets;
(vi) Have a menu in use containing a minimum of 3 prepared food
items available for purchase by patrons;
(vii) Require the purchase of one or more prepared food items per
table;
(viii) Ensure that prepared food items offered for sale or served to
patrons are prepared on the licensed premises or off-premises at another licensed entity that has
been approved to sell and serve food by the Department of Health;
(ix) Ensure that the proposed outdoor public or private space is
located in a commercial or mixed-use zone as defined in the Districts zoning regulations;
(x) Restrict its operations, excluding carry-out and delivery, and
the sale, service, or the consumption of alcoholic beverages outdoors for on-premises
consumption to the hours between 8:00 a.m. and midnight, Sunday through Saturday;
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(xi) Not have more than 6 individuals seated at a table or a joined
table during Phase One of Washington D.C.s reopening, as that term is utilized in Mayors
Order 2020-067, issued on May 27, 2020;
(xii) Require patrons to wait outside at least 6 feet apart until they
are ready to be seated;
(xiii) Not provide live music or entertainment, except for
background or recorded music played at a conversational level that is not heard in the homes of
District residents;
(xiv) Not serve alcoholic beverages or food to standing patrons;
(xv) Prohibit standing or seating at an outdoor bar provided tables
or counter seats that do not line up to a bar may be used for patron seating as long as there is a
minimum of 6 feet between parties;
(xvi) Prohibit the placement of alcohol advertising, excluding
non-contact menus, on outdoor public space;
(xvii) Provide and require that wait staff wear masks;
(xviii) Request that patrons wear masks while waiting in line
outside of the restaurant or while traveling to use the restroom or until they are seated and eating
or drinking;
(xix) Implement a reservation system by phone, on-line, or on-site
and consider keeping customer logs to facilitate contact tracing by the Department of Health;
(xx) Implement sanitization and disinfection protocols including
the provision of single use condiment packages; and
(xxi) Have its own clearly delineated outdoor space and not share
tables and chairs with another business.
(C) Registration under subparagraph (A) of this paragraph shall be valid
until October 25, 2020. The Board may fine, suspend, or revoke an on-premises retailers
licensee, class C or D, or a manufacturers licensee, class A or B, with an on-site sales and
consumption permit, and shall revoke the registration to sell, serve, or permit the consumption of
beer, wine, or spirits on outdoor public or private space not listed on the license, if the licensee
fails to comply with subparagraph (A) or (B) of this paragraph.
(D)(i) Notwithstanding subparagraph (B) of this paragraph, the Board
shall interpret settlement agreement language that restricts sidewalk cafs or summer gardens as
applying only to those outdoor spaces that are currently licensed by the Board as sidewalk cafs
or summer gardens.
(ii) The Board shall not interpret settlement-agreement language
that restricts or prohibits sidewalk cafs or summer gardens to apply to new or extended outdoor
space, the use of which is now permitted under this paragraph.
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(iii) The Board shall not interpret settlement-agreement language
that restricts or prohibits the operation of permanent outdoor space to mean prohibiting the
temporary operation of sidewalk cafs or summer gardens.
(iv) The Board shall require all on-premises retailer licensees,
class C or D, or manufacturer licensees, class A or B, with an on-site sales and consumption
permit, to delineate or mark currently licensed outdoor space from new or extended outdoor
space authorized by the District Department of Transportation or the property owner.
(v) With regard to existing outdoor public or private space, parties
to a settlement agreement shall be permitted to waive provisions of settlement agreements that
address currently licensed outdoor space for a period not to exceed 180 days.
(E) For purposes of this paragraph, ground floor or street level sidewalk
cafs or summer gardens enclosed by awnings or tents having no more than one side shall be
considered outdoor space. Areas enclosed by retractable glass walls and other forms of operable
walls shall not be considered outdoor dining. Temporary unlicensed rooftops and summer
gardens not located on the ground floor or street level shall not be eligible for registration under
subparagraph (A) of this paragraph.
(F) A manufacturers licensee, class A or B, with an on-site sales and
consumption permit or a retailers licensee class C/T, D/T, C/N, D/N, C/X, or D/X, may partner
with a food vendor during its operating hours to satisfy the requirement of subparagraph (B)(vi)
of this paragraph; provided, that patrons are seated when ordering and ordered food is delivered
by the licensee or the food vendor to the seated patron..
(b) Section 25-113a is amended by adding a new subsection (c-1) to read as follows:
(c-1) Notwithstanding subsection (c) of this section, an on-premises retailers licensee,
class C or D, or manufacturers licensee, class A or B, with an on-site sales and consumption
permit may conduct business on ground floor or street level outdoor public or private space,
including the sale, service, and consumption alcoholic beverages; provided, that the licensee
complies with 25-113(a)(6)..
Sec. 6. Section 3a of the District of Columbia Family and Medical Leave Act of 1990,
effective June 8, 2020 (D.C. Act 23-328; D.C. Official Code 32-502.01), is amended to read as
follows:
Sec. 3a. COVID-19 leave.
(a) During the COVID-19 public health emergency, an employee shall be entitled to
leave if the employee is unable to work due to:
(1) A recommendation from a health care provider that the employee isolate or
quarantine, including because the employee or an individual with whom the employee shares a
household is at high risk for serious illness from COVID-19;
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(2) A need to care for a family member or an individual with whom the
employee shares a household who is under a government or health care providers order to
quarantine or isolate; or
(3) A need to care for a child whose school or place of care is closed or whose
childcare provider is unavailable to the employee.
(b)(1) An employee may use no more than 16 weeks of leave pursuant to this section
during the COVID-19 public health emergency.
(2) The right to leave pursuant to this section expires on the date the COVID-19
public health emergency expires.
(c) An employer may require reasonable certification of the need for COVID-19 leave
as follows:
(1) If the leave is necessitated by the recommendation of a health care provider
to the employee, a written, dated statement from a health care provider stating that the employee
has such need and the probable duration of the need for leave.
(2) If the leave is necessitated by the recommendation of a health care provider
to an employees family member or individual with whom the employee shares a household, a
written, dated statement from a health care provider stating that the individual has such need and
the probable duration of the condition.
(3) If the leave is needed because a school, place of care, or childcare provider is
unavailable, a statement by the head of the agency, company, or childcare provider stating such
closure or unavailability, which may include a printed statement obtained from the institutions
website.
(d) Notwithstanding section 17, this section shall apply to any employer regardless of
the number of persons in the District that the employer employs.
(e)(1) Except as provided in paragraphs (2) and (3) of this subsection, leave under this
section may consist of unpaid leave.
(2) Any paid leave provided by an employer that the employee elects to use for
leave under this section shall count against the 16 workweeks of allowable leave provided in this
section.
(3) If an employer has a program