§ 36-304.01. Prohibition on conversions.

Prior Codifications

1981 Ed., § 10-231.

1973 Ed., § 10-231.

Effect of Amendments

D.C. Law 13-130 rewrote this section, which previously read:

"(a) For the purposes of this section, the term 'full service retail service station' means any retail service station location which provides a garage, service bay, work area, or similar enclosed area for repairing, maintaining, servicing, or otherwise working on motor vehicles, or any service islands. Such repair, maintenance, and service work may include, but is not limited to, the installation or replacement of batteries, tires, fan belts, lights, brakes, water pumps, mufflers and other parts and accessories and the performance of motor oil changes, lubrications, wheel alignments, tune-ups, tire repairs, brake adjustments, and general repair and maintenance work and services.

"(b) No retail service station which is operated as a full service retail service station on or after April 19, 1977, may be structurally altered, modified, or otherwise converted, irrespective of the type or magnitude of the alteration, modification, or conversion, including, but not limited to, any alteration, modification, or conversion which has the effect of merely obstructing access to an existing garage, service bay, work area, or similar enclosed area by any motor vehicle which was previously accommodated, into a non-full service facility until October 1, 1999.

"(c) No person who is an operator of any full service retail service station on or after April 19, 1977, including any person who is a subsequent operator of any such retail service station, or who, in any manner, controls the operation of any such retail service station, shall substantially reduce the number, types, quantity, or quality of the repair, maintenance, and other services, including the retail sale of motor fuels, petroleum products, and automotive products, previously offered until October 1, 1999. Such operators shall maintain the retail service station's existing garages, service bays, work areas, and similar areas in a fully operational condition and reasonably equipped to perform repair, maintenance, and service work on motor vehicles, including the provision of a qualified individual or individuals who is or are capable of performing repair, maintenance, and service work on motor vehicles during a reasonable number of hours per day and of days per week. This subsection shall not be construed as prohibiting any person who operates or controls a full service retail service station from discontinuing the retail sale of motor fuels at such retail service station, provided that less than 20 per centum of such retail service station's gross revenue derived from the retail sale of motor fuels, petroleum products, and automotive products and from the repair, maintenance, and servicing of motor vehicles is derived from the retail sale of motor fuels, and provided further that such discontinuance of the retail sale of motor fuels shall not authorize any other substantial reduction in repair, maintenance, or other services previously offered. This subsection shall not be construed as prohibiting a full service retail service station from selling motor fuels on a self-service basis, provided that such retail service station continues to sell motor fuels on a non-self-service basis.

"(d)(1) A petition for exemption shall be filed with the Mayor by both a distributor and a retail dealer ('petitioners'). The Mayor may grant an exemption to the prohibitions contained in subsections (b) and (c) of this section if the petitioners agree in writing that the distributor will perform the following:

"(A) Structurally alter, modify, or otherwise convert a retail service station, irrespective of the type or magnitude of the alteration, modification, or conversion, including, but not limited to, any alteration, modification, or conversion that has the effect of merely obstructing access to an existing garage, service bay, work area, or similar enclosed area by any motor vehicle that was previously accommodated, into a non-full service facility; or

"(B) Substantially reduce the number, type, quantity, or quality of repairs, maintenance, and other services including the retail sale of motor fuels, petroleum products, and automotive products; and

"(C) Certify that a station is experiencing financial hardship; or

"(D) Certify that there is another retail service station within 1 mile of the station that provides equivalent service facilities; and

"(E) Certify that the distributor will improve the station in the following ways:

"(i) Improve or increase the lighting of the facility;

"(ii) Improve customer accessibility to the gasoline dispensers; and

"(iii) Improve customer conveniences including separate mens and womens restroom facilities, a working air hose for automobile and bicycle tires, and water for windshield cleaning equipment.

"(2) The Mayor shall issue a determination on the petition within 45 days after the date the petition is submitted and deemed complete. If the Mayor does not issue a recommendation within the 45 days the petition shall be deemed approved.

"(e)(1) Within 30 days of the effective date of the Paternity Acknowledgment and Gas Station Advisory Board Re-establishment Emergency Act of 1996, the Mayor shall appoint a Gas Station Advisory Board to make recommendations on petitions for exemptions. The Board shall consist of 5 members: One representing the retail service station dealers, 1 representing the oil companies, 2 representing the consumer interest, and 1 representing the Mayor.

"(2) The Board shall establish and publish, for 30 days comment, the rules and procedures which shall govern its conduct.

"(3) The Board may establish and publish, for 30 days comment, additional criteria which shall be used in reviewing the petitions for exemptions.

"(f) The Mayor shall study the motor vehicle repair, maintenance, and other services being offered by existing full service retail stations and non-full service retail service stations to residents, commercial establishments, commuters, and other affected persons in the District of Columbia, both in terms of adequacy and in terms of convenience. This study shall include an analysis of the impact of converting existing full service retail service stations to non-full service retail service stations in various areas of the District of Columbia. The Mayor shall study the adequacy of existing retail service stations to serve the needs and convenience of residents, commercial establishments, commuters, and other affected persons with respect to the retail sale of motor fuels, petroleum products, and automotive products in various areas of the District of Columbia. The study shall include an examination of the petroleum products and automotive products being offered by commercial establishments other than retail service stations. The Mayor shall, if necessary, present to the Council a preliminary report within 30 days after September 21, 1988. A final report detailing the findings of the study, including the Mayor's recommendations or proposals with respect to any necessary or desirable legislation or other actions, shall be submitted to the Council no later than June 1, 1989.

"(g) Any person, including the principal officers or agents of a corporation or association, who falsely certifies a petition for exemption, or willfully or knowingly fails to provide information required by this act, or intentionally provides misleading information required by this act, upon conviction, shall be subject to a fine of not less than $500, but not more than $2,000, for each offense.

"(h) The Mayor shall, pursuant to subchapter I of Chapter 15 of Title 1 issue rules to implement the provisions of this act which shall include a requirement that each petition for exemption include an estimated date of completion for each phrase of a full service retail station conversion."

D.C. Law 15-297, in subsec. (b), deleted "until October 1, 2005" following " nonfull service facility"; in subsec. (c), deleted "until October 1, 2005" following "previously offered"; repealed subsec. (e)(4); rewrote subsec. (g); in subsec. (h), substituted "The District of Columbia Office of Energy, unless another agency is designated by the Mayor" for "The Mayor"; and added subsecs. (i) and (j). Prior to amendment, subsecs. (e)(4) and (g) read as follows:

"(4) The Board shall cease to exist on October 1, 1999."

"(g) Any person, including the principal officers or agents of a corporation or association, who falsely certifies a petition for exemption, or willfully or knowingly fails to provide information required by this chapter, or intentionally provides misleading information required by this chapter, upon conviction, shall be subject to a fine of not less than $500, but not more than $2,000, for each offense."

D.C. Law 17-80 added subsecs. (d-1) and (f-1).

D.C. Law 18-35 rewrote subsec. (d)(2), which had read as follows:

"(2) In considering a petition for exemption, the Board shall also consider the following:

"(A) The retail dealer's certification that the station is experiencing financial hardship;

"(B) Whether there are comparable services adequately available nearby, including whether there is another retail service station within one mile of the station which provides equivalent service facilities; and

"(C) The recommendations of any affected Advisory Neighborhood Commissions pursuant to §§ 1-309.06-1-309.14, as well as any other public comments."

Temporary Amendments of Section

Section 2 of D.C. Law 11-68 amended subsection (b) by striking the phrase "October 1, 1995" and inserting the phrase "October 1, 1999" in its place; amended subsection (c) by striking the phrase "October 1, 1995" and inserting the phrase "October 1, 1999" in its place; and amended paragraph (e)(4) by striking the phrase "October 1, 1995" and inserting the phrase "October 1, 1999" in its place.

Section 3(b) of D.C. Law 11-68 provides that the act shall expire after 225 days of its having taken effect or upon the effective date of the Extension of the Moratorium on Retail Service Station Conversions Amendment Act of 1995, whichever comes first.

Section 202 of D.C Law 11-206 rewrote (e).

Section 401(b) of D.C Law 11-206 provides that the act shall expire after 225 days of its having taken effect.

Section 2 of D.C. Law 13-72 amended this Act to establish a moratorium on the conversion of full service retail service stations to limited service retail stations until October 1, 2003, and to extend the life of the gas station advisory board.

Section 3(b) of D.C. Law 13-72 provides that the act shall expire after 225 days of its having taken effect.

Emergency Act Amendments

For temporary amendment of section, see § 2 of the Extension of the Moratorium on Retail Service Station Conversions Emergency Amendment Act of 1995 (D.C. Act 11-101, July 21, 1995, 42 DCR 4007).

For temporary amendment of section, see § 2 of the Extension of the Moratorium on Retail Service Station Conversions Emergency Act of 1996 (D.C. Act 11-280, June 28, 1996, 43 DCR 3667), § 2 of the Extension of the Moratorium on Retail Service Station Conversions Congressional Review Emergency Act of 1996 (D.C. Act 11-419, October 28, 1996, 43 DCR 6088), § 2 of the Extension of the Moratorium on Retail Service Station Conversions Second Congressional Review Emergency Act of 1996 (D.C. Act 11-479, December 30, 1996, 44 DCR 209), and § 2 of the Extension of the Moratorium on Retail Service Station Conversions Congressional Review Emergency Act of 1997 (D.C. Act 12-19, March 3, 1997, 44 DCR 1762).

For temporary requirement for the Mayor to issue rules to implement the provisions of this act, see § 3 of the Extension of the Moratorium on Retail Service Station Conversions Emergency Act of 1996 (D.C. Act 11-280, June 28, 1996, 43 DCR 3667), § 3(a) of the Extension of the Moratorium on Retail Service Station Conversions Congressional Review Emergency Act of 1996 (D.C. Act 11- 419, October 28, 1996, 43 DCR 6088), § 3 of the Extension of the Moratorium on Retail Service Station Conversions Second Congressional Review Emergency Act of 1996 (D.C. Act 11-479, December 30, 1996, 44 DCR 209), and see § 3 of the Extension of the Moratorium on Retail Service Station Conversions Congressional Review Emergency Act of 1997 (D.C. Act 12-19, March 3, 1997, 44 DCR 1762).

For temporary designation of title as the Gas Station Advisory Board Re-establishment Emergency Act of 1996, see § 201 of the Paternity Acknowledgment and Gas Station Advisory Board Re-establishment Emergency Act of 1996 (D.C. Act 11-356, August 8, 1996, 43 DCR 4561).

For temporary amendment of section, see § 202 of the Paternity Acknowledgment and Gas Station Advisory Board Re-establishment Emergency Act of 1996 (D.C. Act 11-356, August 8, 1996, 43 DCR 4561).

For temporary (90-day) amendment of section, see § 2 of the Retail Service Station Emergency Amendment Act of 1999 (D.C. Act 13-141, September 29, 1999, 46 DCR 7972).

For temporary (90-day) amendment of section, see § 2 of the Retail Service Station Congressional Review Emergency Amendment Act of 1999 (D.C. Act 13-223, January 11, 2000, 47 DCR 472).

Legislative History of Laws

For legislative history of D.C. Law 1-123, see Historical and Statutory Notes following § 36-301.01.

For legislative history of D.C. Law 3-44, see Historical and Statutory Notes following § 36-302.01.

Law 4-45, the "Extension of the Moratorium on Retail Service Station Conversions Act of 1981," was introduced in Council and assigned Bill No. 4- 217, which was referred to the Committee on Transportation and Environmental Affairs. The Bill was adopted on first and second readings on June 30, 1981 and July 14, 1981, respectively. Signed by the Mayor on August 6, 1981, it was assigned Act No. 4-80 and transmitted to both Houses of Congress for its review.

Law 5-145, the "Extension of the Moratorium on Retail Service Station Conversions Act of 1984," was introduced in Council and assigned Bill No. 5- 438, which was referred to the Committee on Transportation and Environmental Affairs. The Bill was adopted on first and second readings on October 9, 1984 and October 23, 1984, respectively. Signed by the Mayor on November 8, 1984, it was assigned Act No. 5-203 and transmitted to both Houses of Congress for its review.

Law 7-59, the "Extension of the Moratorium on Retail Service Station Conversions Amendment Temporary Act of 1987," was introduced in Council and assigned Bill No. 7-309. The Bill was adopted on first and second readings on September 29, 1987 and October 13, 1987, respectively. Signed by the Mayor on October 26, 1987, it was assigned Act No. 7-92 and transmitted to both Houses of Congress for its review.

Law 7-148, the "Extension of the Moratorium on Retail Service Station Conversions Amendment Act of 1988," was introduced in Council and assigned Bill No. 7-316, which was referred to the Committee on Consumer and Regulatory Affairs and reassigned to the Committee on Human Services. The Bill was adopted on first and second readings on June 14, 1988 and June 28, 1988, respectively. Signed by the Mayor on June 30, 1988, it was assigned Act. No. 7-200 and transmitted to both Houses of Congress for its review.

Law 9-44, the "Extension of the Moratorium on Retail Service Station Conversions Amendment Act of 1991," was introduced in Council and assigned Bill No. 9-127, which was referred to the Committee on Human Services. The Bill was adopted on first and second readings on June 4, 1991, and July 2, 1991, respectively. Signed by the Mayor on July 24, 1991, it was assigned Act No. 9- 81 and transmitted to both Houses of Congress for its review.

Law 11-68, the "Extension of the Moratorium on Retail Service Station Conversions Temporary Amendment Act of 1995," was introduced in Council and assigned Bill No. 11-378. The Bill was adopted on first and second readings on July 11, 1995, and July 29, 1995, respectively. Signed by the Mayor on August 9, 1995, it was assigned Act No. 11-131 and transmitted to both Houses of Congress for its review. D.C. Law 11-68 became effective on October 26, 1995.

Law 11-110, the "Technical Amendment Act of 1996," was introduced in Council and assigned Bill No. 11-485, which was referred to the Committee of the Whole. The Bill was adopted on first and second readings on December 5, 1995, and January 4, 1996, respectively. Signed by the Mayor on January 26, 1996, it was assigned Act No. 11-199 and transmitted to both Houses of Congress for its review. D.C. Law 11-110 became effective on April 18, 1996.

Law 11-196, the "Extension of Moratorium on Retail Service Station Conversions and the Gas Station Advisory Board Amendment Act of 1996," was introduced in Council and assigned Bill No. 11-109, which was referred to the Committee on Human Services. The Bill was adopted on first and second readings on June 4, 1996, and July 3, 1996, respectively. Signed by the Mayor on July 26, 1996, it was assigned Act No. 11-358 and transmitted to both Houses of Congress for its review. D.C. Law 11-196 became effective on April 9, 1997.

Law 11-206, the "Paternity Acknowledgment and Gas Station Advisory Board Reestablishment Temporary Act of 1996," was introduced in Council and assigned Bill No. 11-748. The Bill was adopted on first and second readings on July 3, 1996, and July 17, 1996, respectively. Signed by the Mayor on August 5, 1996, it was assigned Act No. 11-378 and transmitted to both Houses of Congress for its review. D.C. Law 11-206 became effective on April 9, 1997.

Law 13-130, the "Retail Service Station Amendment Act of 2000," was introduced in Council and assigned Bill No. 13-409, which was referred to the Committee on Human Services. The Bill was adopted on first and second readings on February 1, 2000, and March 7, 2000, respectively. Signed by the Mayor on March 22, 2000, it was assigned Act No. 13-300 and transmitted to both Houses of Congress for its review. D.C. Law 13-130 became effective on June 24, 2000.

For Law 15-297, see notes following § 36-301.01.

For Law 17-80, see notes following § 36-302.02.

Law 18-35, the "Retail Service Station Amendment Act of 2009", was introduced in Council and assigned Bill No. 18-88, which was referred to the Committee of the Whole. The Bill was adopted on first and second readings on April 21, 2009, and May 5, 2009, respectively. Signed by the Mayor on May 21, 2009, it was assigned Act No. 18-86 and transmitted to both Houses of Congress for its review. D.C. Law 18-35 became effective on July 18, 2009.

Delegation of Authority

Delegation of authority under D.C. Law 7-148 "Extension of the Moratorium on Retail Service Station Conversions Amendment Act of 1988", see Mayor's Order 89-20, January 23, 1989.

Miscellaneous Notes

Exemption from Moratorium on Conversions of Full Service Retail Service Stations: Amoco Oil Co. Station located at 2917 Martin Luther King Jr. Avenue, S.E., Washington, D.C: See Mayor's Order 90-61, March 21, 1990.

Exemption from Moratorium on Conversions of Full Service Retail Service Stations: Amoco Oil Company (Ronnie's Amoco) Station Located at 2830 Sherman Avenue, N.W., Washington, D.C: See Mayor's Order 92-14, February 10, 1992.

Exemption from Moratorium on Conversions of Full Service Retail Service Stations: Exxon Company, U.S.A. Station Located at 5215 North Capitol Street, N.E., Washington, D.C: See Mayor's Order 92-113, September 21, 1992.

Exemption from Moratorium on Conversions of Full Service Retail Service Stations: Exxon Company, U.S.A. Station Located at 1 Florida Avenue, N.E., Washington, D.C: See Mayor's Order 92-129, October 20, 1992.

Exemption from Moratorium on Conversions of Full Service Retail Service Stations: Amoco Oil Company Station Located at 2350 South Dakota Avenue, N.E., Washington, D.C: See Mayor's Order 93-52, April 30, 1993.

Exemption from Moratorium on Conversions of Full Service Retail Service Stations: Exxon Company, U.S.A. Station Located at 3201 Pennsylvania Avenue, S.E: See Mayor's Order 94-159, July 12, 1994 (41 DCR 4965).

Exemption from Moratorium on Conversions of Full Service Retail Service Stations: Exxon Stations located at 3535 Connecticut Ave., N.W., and Connecticut Ave., N.W: See Mayor's Order 98-91, June 9, 1998 (45 DCR 4562).

Exemption from Moratorium on Conversions of Full Service Retail Service Stations: Mobile Station located at 2200 P St., N.W: See Mayor's Order 98-119, July 24, 1998 (45 DCR 6381).

Exemption from Moratorium on Conversions of Full Service Retail Service Stations: Exxon Station Located at 5515 South Dakota Avenue, N.E., see Mayor's Order 2000-71, May 2, 2000 (47 DCR 4752).

Fleet Management Policy, see Mayor's Order 2000-75, May 11, 2000 (47 DCR 4758).