2019 District of Columbia Code
Title 25 - Alcoholic Beverages. [Enacted title]
Chapter 7 - Standards of Operation.
Subchapter XII - Reimbursable Details.
§ 25–798. Reimbursable details.

(a) For the purposes of this section, the term:

(1) Agreement means a written contract, including provisions for the staffing requirement of the reimbursable details in accordance with subsection (c) of this section, and compensation of the MPD by the licensee when reimbursable details are requested by the licensee.

(2) MPD means Metropolitan Police Department.

(3) Reimbursable detail means an assignment of MPD officers to patrol the surrounding area of an establishment for the purpose of maintaining public safety, including the remediation of traffic congestion and the safety of public patrons, during their approach and departure from the establishment.

(b) A licensee or licensees, independently or in a group, or a promoter or organizer of a pub crawl event, as defined by rule, may enter into an agreement with the MPD to provide for reimbursable details.

(c) Subject to adequate staffing of the police service areas and an assessment by the MPD of its staffing requirements, the MPD may staff reimbursable details as requested by the licensee, or licensees, or the promoter or organizer of a pub crawl event. The MPD shall only use officers for this purpose who are overtime and would not otherwise be on duty at the time of the reimbursable detail.

(c-1)(1) The Board shall have the authority to change the percentage by which ABRA will reimburse MPD for its reimbursable detail services as needed.

(2) The Board shall publish changes to the reimbursable detail percentage in the District of Columbia Register.

(3) The reimbursable detail percentage change shall take effect no fewer than 30 days after publication in the District of Columbia Register.

(d) The MPD shall establish policies and procedures to implement the provisions of this section.

(e) The Mayor shall, in consultation with licensees, promulgate policies, rules and procedures to identify entertainment areas in the District, and establish security plans thereunder delineating the reimbursable detail deployment needs of those areas.

(Sept. 23, 2005, D.C. Law 16-20, § 2(a), 52 DCR 6575; Oct. 8, 2016, D.C. Law 21-160, § 2022, 63 DCR 10775; Feb. 21, 2020, D.C. Law 23-51, § 2(d)(4), 67 DCR 13.)

For temporary (90 day) amendment of section, see § 2 of Reimbursable Details Clarification Emergency Amendment Act of 2008 (D.C. Act 17-683, January 12, 2009, 56 DCR 1109).

Sections 2 through 4 of D.C. Law 15-201, as amended by section 2 of D.C. Law 15-314, added provisions to read as follows:

“Sec. 2. Definitions.

“For the purposes of this act, the term:

“(1) ‘Congestion’ means the significant increase in vehicular or foot traffic within the police service area where the venue is operated over a period of time not to exceed 8 hours that is associated with patrons congregating to attend and leave the venue.

“(2) ‘Reimbursable detail’ means an assignment of on-duty officers of the Metropolitan Police Department to patrol the surrounding area of each entrance of a public venue for the purpose of maintaining public safety, including the remediation of traffic congestion and the safety of public patrons, during their approach and departure from the venue.

“(3) ‘Venue’ means a place where the congregation of the public leads to:

“(A) Street closures;

“(B) Traffic congestion; or

“(C) Unusual and significant increases in foot or vehicular traffic within or surrounding the entrance of a commercial building, place of public assembly, establishment required to have a license under D.C. Official Code § 25-102, school, public hall or any establishment or private function, or parking lots regularly used to attend functions at these places.

“(4) ‘Venue operator’ means an individual, corporation or proprietorship with a license to hold an event for-profit at an establishment that leads to congestion surrounding the venue.”

“Sec. 3. Responsibility of venue operators.

“All regular venue operators shall meet with the Metropolitan Police Department (‘MPD’) to develop an agreement with the MPD when holding a function for profit that leads to an unusual and significant increase in foot or vehicular traffic to and from the police service area where the venue is located. This agreement shall:

“(1) Provide procedures for the venue operator to inform the MPD when congestion of city streets within the police service area where the venue is located is expected to occur;

“(2) Provide procedures for establishing reimbursable details at each venue as requested by the venue operator;

“(3) Provide procedures for compensation of the MPD when reimbursable details are requested by the venue operator; and

“(4) Provide the MPD with the obligation to staff reimbursable details as requested by the venue operator.”

“Sec. 4. Responsibility of the Metropolitan Police Department.

“(a) Subject to adequate staffing of the police service areas, the MPD shall staff reimbursable details as requested by venue operators. Where a venue results in unusual and significant increases in vehicular or foot traffic and congestion of city streets, the MPD may establish a detail and charge the venue operator or group of venue operators for the presence of those MPD officers required to maintain the flow of traffic and public safety within the police service area where the venue is located.

“(b) Nothing in this section shall be construed as authorizing the Metropolitan Police Department to charge operators of not-for-profit events for MPD details at a venue or within the police service area where the venue is located.”

Section 6(b) of D.C. Law 15-201 provided that the act shall expire after 225 days of its having taken effect.

Section 4(b) of D.C. Law 15-314 provided that the act shall expire after 225 days of its having taken effect.

Section 2 of D.C. Law 17-380, in subsec. (b), substituted “group, including an association, which includes licensees in its membership, may” for “group, may”.

Section 4(b) of D.C. Law 17-380 provided that the act shall expire after 225 days of its having taken effect.