Code of the District of Columbia

§ 36–302.04. Exemption from enforcement of § 36-302.02; regulations; reports.

(a) Upon finding that enforcement of § 36-302.02 would impose an exceptional or undue hardship upon any refiner, producer, or manufacturer as a result of the existence of special or unusual circumstances, the Mayor may grant permission to such producer, refiner, or manufacturer to temporarily operate a retail service station for a period of not longer than 90 days. Within 60 days following April 19, 1977, the Mayor shall promulgate rules and regulations specifying the special or unusual circumstances during which a producer, refiner, or manufacturer may temporarily operate a retail service station, including, but not limited to, the abandonment of a retail service station by a retail dealer, the termination of, cancellation of, or failure to renew a marketing agreement other than a wrongful or illegal termination, cancellation, or failure to renew, and other emergencies. Any producer, refiner, or manufacturer who desires the permission provided for in this subsection shall submit a written request for such permission to the Mayor, on such form or forms and in such manner as may be prescribed by the Mayor, prior to operating any retail service station. Such request shall include a statement of the special or unusual circumstances that exist and of the exceptional or undue hardship which would result from the enforcement of § 36-302.02. Nothing contained in this subsection shall be construed as authorizing any producer, refiner, or manufacturer to operate any retail service station in violation of this subchapter during the pendency of a request for permission to temporarily operate such retail service station.

(b) The Mayor may grant an exemption of not longer than 1 year to the divorcement date specified in § 36-302.02(b) to any producer, refiner, or manufacturer who is unable, after reasonable effort, to either sell, transfer, or otherwise dispose of any retail service station which he owns, leases, or otherwise controls or enter into a satisfactory marketing agreement or lease with a qualified retail dealer or other person who is authorized to operate such retail service station under § 36-302.02.

(c) The Mayor is authorized to promulgate all other rules and regulations necessary for the proper implementation and enforcement of subchapters II and IV of this chapter.

(d) The Mayor may require any person subject to the provisions of § 36-302.01 to maintain such written records and to file with the Mayor written reports containing such information as the Mayor shall deem necessary for the proper implementation and enforcement of subchapters II and IV of this chapter.


(Apr. 19, 1977, D.C. Law 1-123, § 3-104, 24 DCR 2371.)

Prior Codifications

1981 Ed., § 10-214.

1973 Ed., § 10-214.

Editor's Notes

Exemption from moratorium on conversion of full service retail service stations: Sun Refining & Marketing Co. (Sunoco) Station located at 2305 Pennsylvania Ave: See Mayor’s Order 91-34, February 28, 1991.