For the purposes of this chapter, the term:

(1) “Access area” means a paved walkway or sidewalk which is within 50 feet of an automated teller machine. The term “access area” shall not include publicly maintained walkways, sidewalks, or roads.

(2) “Access device” shall have the same meaning as set forth in Federal Reserve System Regulation E, 12 C.F.R. Part 205.

(3) “Automated teller machine” means a stationary or mobile unattended device at which banking transactions, including deposits, withdrawals, or transfers, may be conducted. The term shall include satellite devices and any electronic information-processing device located in the District which accepts or dispenses cash in connection with a credit, deposit, or convenience account. The term shall not include a device which is used solely to facilitate a check guarantee or check authorization or which is used in connection with the acceptance or dispensing of cash on a person-to-person basis, such as by a store cashier.

(4) “Bank” shall have the same meaning as set forth in § 26-551.02(3).

(5) “Candlefoot power” means the light intensity of candles on a horizontal plane at 36 inches above ground level and 5 feet in front of the area to be measured.

(6) “Commissioner” shall have the same meaning as set forth in § 26-551.02(7).

(7) “Control” means the authority to determine how, when, and by whom an access area, defined parking area, or automated teller machine is to be used and how the access area, defined parking area, or automated teller machine is to be maintained, lighted, and landscaped.

(8) “Customer” means a natural person to whom an access device has been issued for personal, family, or household use.

(9) “Defined parking area” means the portion of a parking area open for customer parking which is: (A) contiguous to an access area; and (B) regularly, principally, and lawfully used for parking, standing, or stopping by persons conducting automated teller machine transactions during hours of darkness. The term “defined parking area” shall not include a parking area which is not open or regularly used for parking by persons conducting automated teller machine transactions during hours of darkness. A parking area shall not be considered open if it is physically closed to access or if conspicuous signs indicate that it is closed. If a multiple level parking area would otherwise be considered a defined parking area under the definition above, only the single parking level deemed by the operator of the automated teller machine to be the most directly accessible to the users of the automated teller machine shall be considered a defined parking area.

(10) “District” means the District of Columbia.

(11) “District bank” shall have the same meaning as set forth in § 26-551.02(12).

(12) “District credit union” shall have the same meaning as set forth in § 26-551.02(13).

(13) “District of Columbia Banking Code” shall have the same meaning as set forth in § 26-551.02(14).

(14) “Federal credit union” means a credit union which has its principal office in the District and is chartered or organized as a federal credit union under the laws of the United States.

(15) “Financial institution” shall have the same meaning as set forth in § 26-551.02(18).

(16) “Hours of darkness” means the period that commences 30 minutes after sunset and ends 30 minutes before sunrise.

(17) “Network” means one or more financial institutions or other persons that:

(A) Own and operate one or more network of satellite devices or point-of-sale terminals; or

(B) Provide communications or processing services to one or more automated teller machines, point-of-sale terminals, or similar retail electronic banking facilities located in the District.

(18) “Operator” means, with respect to an automated teller machine or a point-of-sale terminal, the person who imposes the fee on, or receives the fee from, a customer using the automated teller machine or point-of-sale terminal.

(19) “Out-of-state” means a state other than the District or any foreign country.

(20) “Out-of-state bank” means a bank that is chartered out-of-state and that is not chartered by the District.

(21) “Out-of-state credit union” means a credit union that is chartered out-of-state and that is not chartered by the District.

(22) “Person” shall have the same meaning as set forth in § 26-551.02(21).

(23) “Point-of-sale terminal” means a device located in a business establishment that is used for the purchase of a good or service where a personal identification number is required and where sales transactions can be charged directly to the buyer’s deposit, loan, or credit account, but at which deposit transactions cannot be conducted. The term “point-of-sale terminal” shall not include an access device.

(24) “Satellite device” means an automated teller machine of a bank or credit union which is not located at a physical office of the bank or credit union.

(25) “Surcharge” means a charge, or portion of a charge, imposed by the operator of an automated teller machine or point-of-sale terminal for use of the automated teller machine or point-of-sale terminal.

(June 9, 2001, D.C. Law 13-308, § 502, 48 DCR 3244; Oct. 19, 2002, D.C. Law 14-213, § 18(b), 49 DCR 8140; June 11, 2004, D.C. Law 15-166, § 2(l), 51 DCR 2817.)

D.C. Law 14-213, in par. (6), substituted “Department of Banking and Financial Institutions” for “Department of Banking”.

D.C. Law 15-166, in par. (3), substituted “conducted” for “conduced”; and rewrote par. (6) which had read as follows: “(6) ‘Commissioner’ means the Commissioner of the Department of Banking and Financial Institutions.”

For temporary (90 day) amendment of section, see § 2(l) of Consolidation of Financial Services Emergency Amendment Act of 2004 (D.C. Act 15-381, February 27, 2004, 51 DCR 2653).