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WASHINGTON CONVENTION AND SPORTS AUTHORITY
NOTICE OF EMERGENCY AND PROPOSED RULEMAKING
The Board of Directors of the Washington Convention and Sports Authority (Authority), pursuant to Section 203 of the Washington Convention Center Authority Act of 1994, effective September 28, 1994 (D.C. Law 10-188; D.C. Official Code § 10-1202.03(3) and (6) (2008 Repl.; 2012 Supp.)), as amended by the Fiscal Year 2010 Budget Support Act of 2009, effective March 3, 2010 (D.C. Law 18-111; D.C. Official Code § 10-1201.01 et seq. (2008 Repl.; 2012 Supp.)) (the Act), hereby gives notice of its adoption, on an emergency basis, of the following amendment to Chapter 4 (“Washington Convention Center: Bookings”) of Title 19 (“Amusements, Parks, and Recreation”) of the District of Columbia Municipal Regulations.
The amendment would permit the Authority to book non-convention events (as defined in Chapter 4) at the Walter E. Washington Convention Center up to twenty-four months prior to the event date. The existing regulations permit the Authority to book such events only up to eighteen months prior to the event date, thereby limiting the Authority’s ability to attract, book and promote trade shows, conventions, concerts, sporting and entertainment events, sports teams, recreational events, film and television productions and other events to the District in accordance with its statutory public purpose. The amendment would also correct various inaccuracies in the regulations. Issuance of the rules on an emergency basis is necessary and essential to protect and preserve the economic welfare of the District.
The emergency rules were adopted on April 11, 2013 and shall remain in effect until August 10, 2013 unless superseded by another rulemaking notice. The Authority also gives notice of its intent to take final rulemaking action to adopt these rules in not less than thirty (30) days from the date of publication of this notice in the D.C. Register.
Chapter 4 (“Washington Convention Center Authority: Bookings”) of Title 19 (“Amusements, Parks, and Recreation”) of the District of Columbia Municipal Regulations (DCMR) is amended as follows:
The title of Chapter 4 is amended to read as follows:
CHAPTER 4 WASHINGTON CONVENTION AND SPORTS AUTHORITY: BOOKINGS
Sections 401-499 are amended to read as follows:
CHAPTER 4 WASHINGTON CONVENTION AND SPORTS AUTHORITY: BOOKINGS
400 BOOKING POLICY
400.1 The key objective of the Washington Convention and Sports Authority (the Authority) is to serve as a generator of convention, meetings, sports and entertainment and special event dollars brought into the District of Columbia and to effectuate the purposes prescribed by D.C. Official Code § 10-1202.02 et seq.
400.2 First priority in booking events at the Walter E. Washington Convention Center shall be given to convention events.
400.3 Nothing in this chapter shall prohibit the Authority from booking events of any kind at any time at any other venue under the Authority’s ownership, control or management,
401 PRIMARY CONTRACTOR FOR CONVENTION EVENTS AT THE CONVENTION CENTER
401.1 The Washington, DC Convention and Tourism Corporation t/a Destination DC (“Destination DC”) shall be the Authority’s primary contractor for booking convention events at the Convention Center.
401.2 As the Authority’s primary contractor for convention events at the Convention Center, Destination DC shall negotiate tentative arrangements with customers, including the following:
(a) Reservation of dates;
(b) Committing of specific areas in the Convention Center; and
(c) Quoting of current rental rates.
401.3 Destination DC shall not assign or reserve areas of the Convention Center designated for retail sales or areas designated as common spaces (other than registration areas specified by the Authority).
401.4 Destination DC shall include in each letter of intent, confirmation letter or agreement negotiated with a customer for space in the Convention Center, a clause in bold type in a prominent location stating the following:
All terms herein are contingent upon the written approval of the Washington Convention and Sports Authority.
402 BOOKING OF EVENTS BY THE AUTHORITY
402.1 The Authority may book a non-convention event on its own behalf up to twenty-four (24) months before the date of the event without prior notice to Destination DC. The Authority may not, however, book a non-convention event to be held at the Convention Center more than twenty-four months before the date of the event without first providing notice to, and consulting with, Destination DC.
402.2 To ensure that convention event reservations for events to be held in the Convention Center are given first priority, the Authority shall not assign a date to a non-convention event to be held in the Convention Center if, prior to the booking of that event, the Authority has received written notice from Destination DC that it is in active negotiations to reserve that date for a convention event.
403 CONTRACT APPROVAL
403.1 The President and Chief Executive Officer or designee shall be the final approving authority for all bookings, whether negotiated by Destination DC or by the Authority.
404 ESTABLISHMENT OF RATES
404.1 The Authority shall develop a rental rate schedule for all events booked at its venues.
404.2 The rate schedule, and any amendments to the schedule, shall be subject to approval by the President and Chief Executive Officer.
404.3 The President and Chief Executive Officer may in his discretion charge agencies of the District government a rate equal to one-half the published rental rate.
405 POLITICAL AND COMMUNITY EVENTS
405.1 The facilities and resources of the Authority shall not be used to provide any contribution, whether direct or indirect, cash or in-kind, to any political party, political committee, candidate, or constituent services program.
405.2 The facilities and resources of the Authority shall not be used for any event (other than a convention event) of which a political party, political committee, candidate or constituent services program is the host, organizer, or beneficiary, unless the rate to be paid for the event is at least equal to the rate paid by for-profit clients for comparable events, but in no event less than the cost to the Authority for holding the event.
405.3 The terms “political party”, “political committee”, “candidate”, and “constituent services program” as used in this section shall have the meanings ascribed to them by the election laws of the District of Columbia at D.C. Official Code §§ 1-1101 et seq and 1-1104 et seq.
405.4 Except as prohibited by Sections 405.1 and 405.2 of this chapter, the facilities and resources of the Authority may be used to provide direct or indirect support for community-related non-profit events, whether charitable or governmental.
405.5 Before the Authority provides support for any community-related non-profit event pursuant to Section 405.4, the President and Chief Executive Officer or designee shall determine in writing that the amount and terms of such support further the mission of the Authority, for example, by enhancing its ability to attract convention event, sports, entertainment and special event bookings or by promoting essential community relations.
405.6 Except as prohibited by Sections 405.1 and 405.2, the resources of the Authority may be used to purchase tickets to community-related events and other events at the Authority’s venues for distribution at less than the Authority’s purchase price to public officials or other persons who do business with the Authority.
405.7 Before the Authority purchases or distributes tickets pursuant to Section 405.6, the General Counsel shall determine in writing that such purchase or distribution does not violate the laws of the United States or the District of Columbia.
499 DEFINITIONS
When used in this chapter the following words shall have the following meanings:
Authority - the Washington Convention and Sports Authority.
Board of Directors – the Board of Directors of the Authority.
Convention Center - the Walter E. Washington Convention Center located at 801 Mount Vernon Place, NW, Washington, DC.
Convention event - an event for which a reservation of space at the Convention Center includes a commitment to purchase at least 2,500 peak room nights in hotels within the District of Columbia, as determined by Destination DC.
First priority - a “Convention event” as defined in this section.
Fourth priority - a Non-convention event for which a reservation of space at the Convention Center may or may not include a commitment to purchase room nights in hotels within the District of Columbia and which describes a one-day meeting or assembly.
Non-convention event - an event other than a Convention event for which a reservation of space at the Convention Center may or may not include a commitment to purchase room nights in hotels within the District of Columbia and which describes a second, third or fourth priority booking.
President and Chief Executive Officer – the President and Chief Executive Officer of the Authority.
Second priority - a Non-convention event for which a reservation of space at the Convention Center may or may not include a commitment to purchase room nights in hotels within the District of Columbia and which describes a public consumer show, tradeshow or similar assembly.
Third priority - a Non-convention event for which a reservation of space at the Convention Center may or may not include a commitment to purchase room nights in hotels within the District of Columbia and which describes a local or regional multiple day meeting or assembly.
Any person desiring to comment on the subject matter of this proposed rulemaking should file comments in writing not later than thirty (30) days after the date of publication of this notice in the D.C. Register. Comments should be filed with the Office of the General Counsel, Washington Convention and Sports Authority, Walter E. Washington Convention Center, 801 Mount Vernon Place, N.W., Washington, D.C. 20001. Copies of this notice may be obtained by writing to the foregoing address, by sending an e-mail to rsmith@eventsdc.com, or by calling the Office of the General Counsel at 202-249-3000.
