5645902 Consumer and Regulatory Affairs, Department of - Notice of Final Rulemaking - 19 DCMR Chapter 12 (Tour Guides)

DEPARTMENT OF CONSUMER AND REGULATORY AFFAIRS

 

NOTICE OF FINAL RULEMAKING

 

The Director of the Department of Consumer and Regulatory Affairs, pursuant to the authority set forth in Sections 2 and 3 of the Streamlining Regulation Act of 2003, effective October 28, 2003 (D.C. Law 15-38; D.C. Official Code §§ 47-2851.20 and 47-2836(b) (2012 Repl.)), hereby gives notice of the adoption of amendments to Chapter 12 (Sightseeing Tour Companies and Guides) of Title 19 (Amusements, Parks, and Recreation) of the District of Columbia Municipal Regulations (DCMR).

 

This rulemaking is necessary to formally eliminate content-based testing requirements for tour guides and to amend the definition of tour guide in light of the United States Court of Appeals’ decision in Edwards v. District of Columbia, 755 F.3d 996 (D.C. Cir. 2014).

 

The rules were adopted on an emergency basis on April 21, 2015 and became effective on that date.  A Notice of Proposed Rulemaking was published on May 15, 2015 at 62 DCR 6087.  No comments were submitted and no substantive changes were made.

 

The rules were adopted as final on July 16, 2015 and will become effective upon publication in the D.C. Register.

 

Chapter 12, SIGHTSEEING TOUR COMPANIES AND GUIDES, of Title 19 DCMR, AMUSEMENTS, PARKS, AND RECREATION, is amended as follows:

 

Section 1200 is amended to read as follows:

 

1200                GENERAL DEFINITIONS

 

1200.1             Whenever used in this chapter, the term “tour guide” or “sightseeing tour guide” shall mean any person who engages primarily in the business of guiding or directing people to any place or point of interest in the District.

 

1200.2             Whenever used in this chapter, the term “sightseeing tour company” shall mean a                           business that employs a sightseeing tour guide.

 

Section 1203 is amended by repealing Subsection 1203.3.

 

Section 1204 is amended to read as follows:

 

1204                REQUIREMENTS FOR SIGHTSEEING TOUR COMPANIES

 

1204.1             A sightseeing tour company licensee engaged in the operation of sightseeing tour vehicles in the District shall obtain the necessary approvals of the District Department of Transportation, the District Department of Motor Vehicles, and the Washington Metropolitan Area Transit Commission.  

 

1204.2             The approval of sightseeing tour vehicles required by § 1204.1 shall be evidenced by the display on each vehicle of the applicable license(s) or certificate(s) issued by the relevant government agencies.

 

1204.3             A vehicle operated by a licensed sightseeing tour company shall have at least one (1) licensed sightseeing tour guide on board the vehicle during its sightseeing tours in the District.

 

1204.4             Each sightseeing tour company shall ensure that its sightseeing tour vehicles comply with all District parking and traffic regulations.

 

1204.5             A sightseeing tour company licensee shall notify the Department within thirty (30) days after any change to the information provided on the application required by § 1202, including a change to the business address or telephone number of the licensee.

 

1204.6             The Director may, in connection with the consideration of a sightseeing tour company license application and from time to time during the license term, during regular business hours, require an applicant or licensee to make available to the Director, or the Director's agent, such information as the Director considers necessary to determine or verify whether the applicant or licensee has or retains the qualifications necessary for obtaining or retaining a license, or has violated or failed to comply with an applicable statute or regulation.

 

1204.7             Failure to make information available to the Director, failure to furnish to the Director information the Director is authorized to request by this chapter, or failure to furnish to the Director or to permit the Director to make copies of such records maintained by the applicant or licensee as the Director may specify, shall be grounds for denial, suspension, or revocation of a license.