Chapter 3. Fundraising for Recreational Facilities.
§ 10–301. Definitions.
For purposes of this chapter:
(1) The term “adopt” means to enter into a binding commitment to a program, site, or operation for not less than 1 year in duration.
(2) “Department” means the Department of Parks and Recreation.
(3) “Department activity” means an activity, event, class, program, operation, service, or product for the benefit, enjoyment, education, amusement, or convenience of the public.
(4) “Designated Organizations” means entities designated by the Director pursuant to § 10-137.01.
(5) “Fee-based use permit” means a permit issued by the Department to a person for a fee-based Department activity.
(6) “Friends Groups” means an organization, qualified under section 501(c)(3) of the Internal Revenue Code of 1986, approved October 22, 1986 (100 Stat. 2085; 26 U.S.C. § 501(c)(3)), and registered under the park partner program, whose mission includes supporting an adopted park or recreation facility by advocating, fundraising, maintaining, and assisting in the planning process for the park or recreation facility adopted.
(7) “Park Partner Agreement” means the agreement between the Department and the Friends Group explaining the duties, rights, and obligations of the Friends Group.
(8) “Planned Unit Development” means a plan for the development of residential, institutional, and commercial developments, industrial parks, urban renewal projects, or a combination of these as defined in the Zoning Regulations of the District of Columbia (11 DCMR § 199).
(9) The term “sponsor” means to pledge or promise support to a program, site, or operation on an intermittent, short-term or one-time basis.
§ 10–302. Authority of Department of Parks and Recreation.
(a) The Department may accept donations, gifts by devise or bequest, grants, and any other type of asset from individuals, clubs, groups, corporations, partnerships, and other governmental entities, except that such acceptance must be approved by the Mayor before it occurs.
(b)(1) Department buildings and grounds may be used for fund-raising activities by the Department, Friends Groups, Designated Organizations, and for-profit organizations contracted for and supervised by the Department, Friends Groups, or Designated Organizations; provided, that Friends Groups and Designated Organizations may use Department buildings and grounds for fundraising activities no more than 12 times per year.
(2) Except with regard to fundraising activities by Friends Groups and Designated Organizations, the Department shall manage received property or funds in accordance with the provisions or conditions of the donation, gift, grant, or other type of transfer, including the investment of the principal of such property or funds. The Mayor shall consider the donor’s choice of which site, program, or operation should be the recipient of the property.
(3) All property and funds obtained by the Friends Groups and Designated Organizations shall be for the benefit of Department facilities or programs. All funds raised for or by Friends Groups and Designated Organizations shall be deposited in a dedicated bank account in the name of the Friends Group or Designated Organization and expended solely for improvements, costs, or services for the associated park, program, event, recreation facility, or other Department facility, in accordance with the terms of the Park Partner Agreement, if applicable.
(4) Friends Groups and Designated Organizations shall provide semiannual accounting to the Department of all funds collected.
(b-1) On a property under its jurisdiction, control, or use, the Department may charge reasonable prices for department activities and issue fee-based use permits in accordance with § 10-302.01.
(c) Department buildings and grounds shall not be used for any commercial, profit-making, fundraising, or other solicitation by any agency, individual, or organization, except as specifically provided in this section.
(d) Nothing in this section shall be construed as limiting the Department’s authority to issue permits pursuant to § 10-137.01.
(e) Beginning in Fiscal Year 2017, and on an annual basis thereafter, the Department shall issue a $235,000 grant to an organization to provide programming for low-income children who are District residents at Fort Dupont Ice Arena. The grantee shall have experience in providing such programming and shall not charge a participation fee to low-income residents.
(1) Shall issue a grant of not less than $150,000 to an organization to plan, promote, and manage events and programs for the community in the new Eastern Market Metro Park. The organizer shall obtain permits, book talent, publicize programming, and supervise the site during events and clean up.
(2) May issue one or more grants to individual program providers and nonprofit organizations to assist the Department in implementing a comprehensive program of public recreation as described in § 10-213.
§ 10–302.01. Fee-based use permits.
(a) The Department may issue a fee-based use permit on a property under its jurisdiction, control, or use, subject to such conditions as the Director may impose and only upon a determination that the use permit:
(1) Will meet the mission of the Department; and
(2) Will not adversely impact the use and enjoyment of the area by other members of the public.
(b) Fee-based use permits shall not be issued solely for their revenue-producing potential.
§ 10–302.02. Nutrition at Department facilities.
(a) Except as provided in subsection (b) of this section, all food and beverages sold, offered, or provided by the Department or its agents on buildings, grounds, or other facilities under the Department's jurisdiction, control, or use shall meet the following requirements:
(1) For meals, as that term is defined in § 38-821.01(5), the standards set forth in § 38-822.02; and
(2) For food and beverages other than meals, as that term is defined in § 38-821.01(5), including snacks and food and beverages sold through vending machines and concessions, the nutrition standards for competitive food applicable to high school-aged students, as described in 7 C.F.R. § 210.11.
(b) The requirements of this section shall not apply to:
(1) An event, such as a festival or carnival, if the Director exempts the event, in writing, from the requirements of this section and the food or beverages are not sold;
(2) Foods or beverages offered or provided by Department employees for their own consumption;
(3) A farmers’ market or produce cart, stand, or truck; provided, that at least one-half of the items offered or provided is fresh fruits or vegetables;
(4) Fund-raising activities held pursuant to § 10-302(b); or
(5) Foods or beverages sold, offered, or provided by a person as an ancillary part of its participation in a permitted activity or event; provided, that the person has applied for and received a fee-based use permit in accordance with § 10-302.01.
(c)(1) The Department shall seek to maximize its sponsorship of and the participation of eligible children and residents in federal nutrition programs.
(2) On or before June 1 of each year, the Department shall provide the manager or designated employee of each of its facilities with training and information on how to connect residents to nutrition supports, including the Supplemental Nutrition Assistance Program, federal child nutrition programs, nutrition education programs, and emergency food.
(3) The Department shall offer reimbursable suppers on each weekday to children present at a Department facility through the Afterschool Meals Program, as provided in 7 C.F.R. § 226.17a.
(4)(A) By February 1 of each year, the Department shall publish a written plan to increase participation in the Summer Food Service Program and the Afterschool Meals Program.
(B) In order to develop and implement the plan required by subparagraph (A) of this paragraph, the Department shall coordinate with relevant community groups, Advisory Neighborhood Commissions, and the Council.
(d) The Department shall ensure that any foods or beverages sold, offered, or provided outside of federal nutrition programs do not negatively affect the participation of children and residents in federal nutrition programs.
(e)(1) Food or beverages may only be advertised or marketed on Department property if the items meet the nutritional standards set forth in this section.
(2) The requirements of this subsection shall apply to advertising:
(A) On scoreboards;
(B) On vending machines;
(C) At concession stands;
(D) On banners and signs;
(E) Through the sponsorship of teams, programs, and events; and
(F) Other forms of promotion, marketing, and advertising.
§ 10–302.03. Priority for Department programs and facilities.
(a) The Department shall give preference to residents for enrollment and participation slots in sports leagues, teams, games, programs, and camps managed or sponsored by the Department for youth, adults, and seniors, before offering participation slots to non-residents.
(b) Within 180 days of April 23, 2013, the Department shall develop a plan to actively advertise and promote the activities listed in subsection (a) of this section to residents to encourage their participation.
§ 10–303. Creation of Fund; accounting and investment.
(a) The Mayor shall establish for accounting and financial reporting purposes a Recreation Enterprise Fund (“Fund”) in accordance with generally accepted accounting principles.
(b)(1) There is hereby authorized a direct appropriation to the Fund equal to the amount collected from fees, concessions, and services and payments by developers seeking relief from zoning laws by way of the Planned Unit Development process considered part of the required community benefits package of the proposed Planned Unit Development. Revenue deposited into the Fund account shall be expended by the Department for the administration, improvement, and maintenance of property and programs managed by the Department and shall supplement, but not replace, services provided by the Department; provided, that payments by developers seeking relief from zoning laws in accordance with the Zoning Regulations of the District of Columbia (11 DCMR § 100 et seq.) and the Planned Unit Development process shall be expended on Department property within the boundaries of the Advisory Neighborhood Commission in which the Planned Unit Development is located. The Fund shall not be used to provide funding to other District government agencies, except to pay the principal and interest on bonds in accordance with § 10-304.
(2) Proceeds from the Recreation Enterprise Fund may be used to purchase food, snacks, and non-alcoholic beverages for the general public, Department of Parks and Recreation program participants, and District government employees.
(c)(1) Once each year, the Department shall publish in the District of Columbia Register a specific accounting of how monies in the Fund have been spent and an accounting as to the amount remaining in the Fund. The accounting shall include the name of the donor or an anonymous contribution, the amount of the contribution, a description of the property donated and the name of the program or recreation center upon which the funds have been expended.
(2) The money deposited into the Fund, and interest earned, shall not revert to the unrestricted fund balance of the General Fund of the District of Columbia at the end of a fiscal year, or at any other time.
(d) Proceeds of the Fund may be invested in a prudent and reasonable manner consistent with applicable District government policies and procedures.
(e)(1) Notwithstanding any other provision of law, the Department may contract for advertisements and sponsorships for programs, events, recreation centers, fields, pools, play courts, and other Department facilities within the Department’s inventory.
(2) The Department shall not delegate the authority to contract for advertisements or sponsorships granted to it pursuant to paragraph (1) of this subsection to any other party.
(3) All proceeds received from advertisements and sponsorships shall be deposited into the Fund pursuant to this section.
(f) All fees collected pursuant to § 50-1501.02g(b)(1) shall be deposited into the Fund.
§ 10–304. Park adoptions and sponsorships.
(a) Individuals, associations, corporations, partnerships, neighborhood and civic groups, nonprofit organizations, or other governmental entities may adopt or sponsor Departmental programs, sites, facilities, fields, or operations. The form of such adoption or sponsorship may be made by a donation of funds to the Fund, services, equipment, or any other asset with intrinsic value. The Department may form partnerships with any of the above stated groups to accomplish a stated goal or mission of the Department.
(b) Repealed.
(c) The Department may enter into a written agreement with a BID corporation, as defined in § 2-1215.02(4), to authorize the BID corporation to:
(1) Perform maintenance and operations of Franklin Square Park, upon its transfer or lease to the District from the National Park Service, Yards Park, Canal Park, and parks within the NoMa Improvement Association BID, as defined by § 2-1215.57; and
(2) Enter into contracts, including contracts for concessions and programs, with third parties to generate revenue to fund the maintenance and operations of the parks identified in paragraph (1) of this subsection.
(d) The Department may make a grant in accordance with part B of subchapter XII-A of Chapter 3 of Title 1 to a BID corporation for maintenance and operations of the parks identified in subsection (c)(1) of this section.
§ 10–305. Mega recreation centers.
The Mayor shall develop, construct, and implement mega recreation centers in strategic locations throughout the District of Columbia. Such centers shall be spacious enough to accommodate several indoor activities simultaneously and contain state of the art equipment and apparatus.
§ 10–306. Establishment of Recreation Assistance Board. [Repealed]
Repealed.
§ 10–307. Rules.
(a) The Mayor, pursuant to subchapter I of Chapter 5 of Title 2, may issue rules to implement the provisions of this chapter. The proposed rules shall be submitted to the Council for a 30-day period of review, excluding Saturdays, Sundays, holidays, and days of Council recess. If the Council does not approve or disapprove the proposed rules, by resolution, within the 30-day review period, the proposed rules shall be deemed approved.
(b)(1) Within 180 days of April 23, 2013, the Mayor shall issue rules, which shall:
(A) Ensure maximum permissible use of Department areas and facilities by appropriate distribution of users, with special attention to the balance of uses between Department programs, community uses, and fee-based uses;
(B) Ensure equitable access to fee-based uses through provisions for modest, reduced, or waived fees;
(C) Ensure proper, orderly, and equitable use through scheduling;
(D) Ensure protection and preservation of areas and facilities by not overtaxing facilities;
(E) Promote the health, safety, and welfare of users;
(F) Establish clear procedures for obtaining permits and revocation of permits; and
(G) Update the entire Department fee and permit schedules, maintaining a lower cost for residents.
(2) The authority granted to the Department in § 10-302(b-1) and (d) and § 10-302.01 shall not be exercised until the rules required by paragraph (1) of this subsection have been adopted.
§ 10–308. Athletic Field Permit Coordination Committee.
(a)(1) Within 90 days of February 26, 2015, the Department shall establish an Athletic Field Permit Coordination Committee (“Committee”) to advise the Department on how to develop a collaborative permitting system for athletic fields located on property owned by the District of Columbia.
(2) The Committee shall include representatives from the following:
(A) The Department;
(B) The Department of General Services;
(C) The District of Columbia Public Schools;
(D) The District of Columbia Public Charter School Board; and
(E) The National Park Service.
(3) The Department shall assign an employee from the Department to perform duties, including the following:
(A) Coordinating and securing a location for Committee meetings;
(B) Ensuring administrative support for the Committee, such as circulating meeting notices and keeping meeting minutes; and
(C) Developing an agenda for meetings and ensuring that the Committee issues the comprehensive report described in subsection (b) of this section.
(b) By March 31, 2015, the Committee shall transmit to the Mayor and to the Council, and make publicly available, a comprehensive report containing the following:
(1) An analysis of public field availability throughout the District;
(2) An analysis of whether it is feasible to create a singular office for permitting public athletic field space located throughout the District;
(3) A recommendation of how to proportionately allocate permit revenue to the District government entities whose fields are being used, as opposed to all funds being deposited into the General Fund of the District of Columbia; and
(4) A list of underutilized public fields that the Department, in collaboration with the Department of General Services, may convert to usable and sustainable fields.
(c) By March 31, 2016, and each year thereafter, the Committee shall transmit to the Mayor and to the Council, and make publicly available, a report containing the following:
(1) An update on the progress of the analysis conducted and recommendations provided in previous reports created by the Committee;
(2) Actions taken by the Committee in the preceding year; and
(3) Recommendations for methods to develop and provide a collaborative permitting system for athletic fields owned by the District of Columbia.
