3304 OCCUPANCY OF THE PUBLIC RIGHT OF WAY BY TOUR BUSES

3304.1 The Director is authorized to issue a permit to exclusively occupy a portion of the public right-of-way for the purpose of parking tour buses owned and operated by a tour bus operator which at the time of the application either has headquarters located in the District, or if the operator does not have a headquarters located in the District of Columbia, the tour bus operator intends to relocate in the District within ninety (90) days of the application; provided, that the portion of the public right-of-way rented shall abut or be within the same block as the District headquarters.

3304.2 Any tour bus operator seeking to occupy the public right-of-way shall submit an application for a Public Right-of-Way Permit together with a non-refundable $ 85 application fee.

3304.3 The application shall be in the form prescribed by the Director, and shall include, when applicable:

1. a) The name of the tour bus operator;
2. b) The present address of the tour bus operator;
3. c) The District address where the tour bus operator intends to locate its headquarters;
4. d) The date on which the tour bus operator intends to begin operating its headquarters in the District; and
5. e) A signed lease, purchase agreement, deed, or other document indicating that the applicant is either located in the District, or has made a binding commitment to relocate in the District. In the alternative, the applicant may furnish a certification, signed by its owner or chief executive officer, stating its present intent to relocate to the District address stated in the application within ninety (90) days.

3304.4 The Director will consider the following factors in determining whether to approve an application:

1. a) The estimated economic benefit to be obtained for the District of Columbia;
2. b) The impact of a designated space on traffic flow and congestion;
3. c) Impact on pedestrian safety; and
4. d) Supply and availability of short-term parking for customers of nearby merchants.

3304.5 The initial rental fee shall be established at the time the application is approved. The rental fee shall be no less than estimated foregone parking meter revenue. Any fee greater than the estimated foregone meter revenue shall not exceed the estimated fair market rental value of the space as determined by the assessed land value of the adjoining property.

3304.6 If a tour bus operator will locate its headquarters in an existing building, no permit shall be issued until after the tour bus operator furnishes a certificate of occupancy issued to it for the District address stated on the application, that is consistent with a certificate issued for a business headquarters.

3304.7 If a tour bus operator will locate its headquarters in a new building that has not yet been constructed, DDOT may issue a letter of intent to issue a permit after the applicant has submitted a date-stamped copy of the building permit and, if the tour bus operator will be a tenant, an

occupancy agreement with the building owner. Failure of the tour bus operator to obtain a certificate of occupancy (other than from the failure of the District to process the application in a timely manner), however, allows the Director to refuse to issue a permit referenced in the letter of intent without further recourse against the District.

3304.8 If the applicant seeks to occupy a portion of the public right of way on which the public is permitted to park, the Director shall publish a notice of proposed rulemaking to eliminate the public parking space(s), and shall not issue a permit under this section until final rulemaking action is taken.

3304.9 The notice of proposed rulemaking may be published prior to the issuance of the certificate of occupancy referenced in § 3304.6, but shall not be published more than 120 days prior to the expected occupancy date, and only if all other permit requirements have been satisfied. Final rulemaking action shall not be taken until the certificate of occupancy has been issued. The notice of proposed rulemaking shall be deemed withdrawn if final rulemaking action is not taken within 120 days after publication of the proposed rule.

3304.10 A permit may be issued for a term of one (1) year. The Director may include a provision in the permit authorizing its renewal. The provision shall set the date by which the permittee must give notice of its intent to renew. The provision shall also permit the Director to increase the rental fee for the forthcoming renewal period.

3304.11 The rental fees for annual permits shall be paid on the date the permit is issued, and thirty (30) days in advance of the annual permit's expiration date if the permit is to be renewed.

3304.12 Any fees paid pursuant to this section may be paid by cash, check or credit card. Checks shall be made payable to the D.C. Treasurer.

SOURCE: Final Rulemaking published at 49 DCR 8562 (September 13, 2002).