Chapter 1A. Vending Regulation.

§ 37–131.01. Definitions.

For the purposes of this chapter, the term:

(1) "Fund" means the Vending Regulation Fund established by § 37-131.08(b).

(2) "Public market" means a vending operation that takes place in an area of public space set aside and permitted on a regular basis for the sale of goods, merchandise, or services provided onsite, including a farmers market, flea market, or antique market.

(3) "Sidewalk vending zone" means a geographically defined area with 3 or more vending locations at which a person may vend.

(4) "Sidewalk vending zone manager" means a non-profit organization headquartered in the District of Columbia that oversees sidewalk vendors operating within a sidewalk vending zone.

(5) "Sidewalk vendor" means a person who engages in business while occupying a portion of the public right-of-way other than that reserved for vehicular travel.

(6) "Vending cart" means a wheeled, non-motorized, self-contained apparatus designed to be pulled by a vehicle or pushed by hand, designed to be operated from a sidewalk vending location, and from which food, products, merchandise, or services are intended to be vended.

(7) "Vending locations" means the specific locations designated by the Mayor on sidewalks, roadways, and other public space at which a person may vend.

(8) "Vending site permit" means a permit or other authorization issued by the Mayor for a vending location.

(Oct. 22, 2009, D.C. Law 18-71, § 2, 56 DCR 6619; July 1, 2023, D.C. Law 25-21, § 3(a), 70 DCR 6762.)

Section References

This section is referenced in § 2-1212.01, § 10-1141.02, and § 48-102.

Applicability

Section 7098 of D.C. Law 25-50 repealed section 5 of D.C. Law 25-21 removing the applicability provision impacting this section. Therefore the amendment of this section by section 3(a) of Law 25-21 has been implemented.

Applicability of D.C. Law 25-21: § 5 of D.C. Law 25-21 provided that the change made to this section by § 3(a) of D.C. Law 25-21 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.

Emergency Legislation

For temporary (90 day) addition, see § 10(a) of Vending Regulation Emergency Act of 2008 (D.C. Act 17-322, March 19, 2008, 55 DCR 3445).

For temporary (90 day) addition, see § 10(a) of Vending Regulation Emergency Act of 2009 (D.C. Act 18-9, January 29, 2009, 56 DCR 1638).

For temporary (90 day) addition, see § 10(a) of Vending Regulation Congressional Review Emergency Act of 2009 (D.C. Act 18-47, April 27, 2009, 56 DCR 3574).

For temporary (90 day) amendment of section, see § 2(a) of Fresh Healthy Mobile Cart Vending Pilot in Underserved Areas Emergency Amendment Act of 2012 (D.C. Act 19-325, March 18, 2012, 59 DCR 2261).

Temporary Legislation

Section 2(a) of D.C. Law 19-144 added pars. (1A) and (2A) to read as follows:

“(1A) ‘Healthy food vendor’ means a vendor that sells only unprocessed, unfrozen, whole, raw fruits and vegetables that have not been combined with other ingredients; provided, that the Mayor, by rule, may expand this definition to include other healthy food items.”.

“(2A) ‘Underserved area’ means a historically underutilized business zone, as defined by section 3(p)(1) of the Small Business Act, approved July 18, 1958 (72 Stat. 384; 15 U.S.C. § 632(p)(1)).”.

Section 5(b) of D.C. Law 19-144 provided that the act shall expire after 225 days of its having taken effect.

Delegation of Authority

Transfer of Authority for Vending Regulation, see Mayor’s Order 2009-106, June 16, 2009, ( 56 DCR 6853).

§ 37–131.02. Vending from public space.

(a) Except as set forth in subsection (b) of this section, a person shall not vend from a sidewalk, roadway, or other public space unless the person holds:

(1) A basic business license;

(2) A vending site permit, or other authorization issued by the Mayor, setting forth the specific location on public space from which the person may vend; and

(3) Such other licenses, permits, and authorizations that the Mayor may require by rule.

(b) The Mayor may authorize the following persons to vend from public space without a basic business license or vending site permit:

(1) An employee or youth assistant of a licensed vendor;

(2) A person vending at a licensed special event;

(3) A person vending at a public market that has been issued a valid permit by the Mayor; and

(4) A person or entity authorized to vend from public space without a license pursuant to subsection (d) of this section.

(d) The Mayor may establish by regulation exemptions from the licensure requirement for a person, entity, or categories of persons or entities to vend from public space without a basic business license when the public interest would be served by establishing such an exemption.

(e) Vendors may operate only during the following hours:

(1) Sunday through Thursday, from 5:00 a.m. to 12:00 a.m.; and

(2) Friday and Saturday from 5:00 a.m. to 1:00 a.m. the next day; provided, that vendors operating in Residential Zones, as specified in the District of Columbia Zoning Regulations, shall not vend past 10:00 p.m. on any night of the week.

(Oct. 22, 2009, D.C. Law 18-71, § 3, 56 DCR 6619; Mar. 9, 2016, D.C. Law 21-79, § 2(a), 63 DCR 762; July 1, 2023, D.C. Law 25-21, § 3(b), 70 DCR 6762.)

Effect of Amendments

The 2016 amendment by D.C. Law 21-79 added (b)(4) and made related changes.

Applicability

Applicability of D.C. Law 25-21: § 5 of D.C. Law 25-21 provided that the change made to this section by § 3(b) of D.C. Law 25-21 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.

Emergency Legislation

For temporary (90 day) addition, see § 10(a) of Vending Regulation Emergency Act of 2008 (D.C. Act 17-322, March 19, 2008, 55 DCR 3445).

For temporary (90 day) addition, see § 10(a) of Vending Regulation Emergency Act of 2009 (D.C. Act 18-9, January 29, 2009, 56 DCR 1638).

For temporary (90 day) addition, see § 10(a) of Vending Regulation Congressional Review Emergency Act of 2009 (D.C. Act 18-47, April 27, 2009, 56 DCR 3574).

For temporary (90 days) amendment of this section, see § 2(a) of the Vending Regulations Emergency Amendment Act of 2015 (D.C. Act 21-255, Jan. 6, 2016, 63 DCR 520).

Delegation of Authority

Delegation of Authority Pursuant to the Vending Regulation Act of 2009, see Mayor’s Order 2010-91, June 4, 2010 ( 57 DCR 4911).

§ 37–131.03. Vending locations.

(a) The Mayor shall designate the specific vending locations on sidewalks, roadways, and other public spaces where a person may vend.

(b) A person shall not vend from a location on a sidewalk, roadway, or other public space other than a vending location designated by the Mayor unless the person is vending at a special event or public market that has been issued a valid license or permit by the Mayor; provided, that notwithstanding any other provision of this chapter, vending locations established pursuant to section 6(c-1)(3) of the Vending Regulation Temporary Act of 2008, effective June 5, 2008 (D.C. Law 17-172; 55 DCR 9144), and the District of Columbia Department of Transportation and Department of Consumer and Regulatory Affairs Vending Consolidation of Public Space and Licensing Authorities Temporary Act of 2006, effective March 8, 2007 (D.C. Law 16-252; 54 DCR 631), shall remain designated vending locations unless:

(1) The space is to be used for a public purpose, including a roadway or public transportation needs, or to protect public safety; or

(2) The use of the real property in the immediate vicinity of the vending location changes and the Mayor determines, in his or her reasonable discretion, that the vending location is incompatible with such use.

(c) No more than 350 vending locations shall be established in Ward 2 at any time; provided, that vending locations on the National Mall shall not be included in this limitation.

(d) An authorization from the Mayor shall not be required for vending activities subject to § 5-331.05(h).

(Oct. 22, 2009, D.C. Law 18-71, § 4, 56 DCR 6619.)

Emergency Legislation

For temporary (90 day) addition, see § 10(a) of Vending Regulation Emergency Act of 2008 (D.C. Act 17-322, March 19, 2008, 55 DCR 3445).

For temporary (90 day) addition, see § 10(a) of Vending Regulation Emergency Act of 2009 (D.C. Act 18-9, January 29, 2009, 56 DCR 1638).

For temporary (90 day) addition, see § 10(a) of Vending Regulation Congressional Review Emergency Act of 2009 (D.C. Act 18-47, April 27, 2009, 56 DCR 3574).

For temporary (90 day) amendment of section, see § 2(b) of Fresh Healthy Mobile Cart Vending Pilot in Underserved Areas Emergency Amendment Act of 2012 (D.C. Act 19-325, March 18, 2012, 59 DCR 2261).

Temporary Legislation

Section 2(b) of D.C. Law 19-144, in subsec. (c), substituted “provided, that vending locations on the National Mall and healthy food vendors located in underserved areas shall not be included in this limitation” for “provided, that vending locations on the National Mall shall not be included in this limitation”.

Section 5(b) of D.C. Law 19-144 provided that the act shall expire after 225 days of its having taken effect.

Delegation of Authority

Delegation of Authority Pursuant to the Vending Regulation Act of 2009, see Mayor’s Order 2010-91, June 4, 2010 ( 57 DCR 4911).

§ 37–131.04. Assignment of vending locations.

(a) A vendor shall not vend from a vending location without first obtaining a vending site permit from the Mayor.

(b) Vending locations shall be assigned by lotteries conducted by the Mayor, unless:

(1) The Mayor establishes an alternate means of assignment by rule;

(2) The vending location is located in a vending development zone, in which case the vending location may be assigned by lottery or such other means as may be established for the vending development zone; or

(3)(A) The vending location was permitted pursuant to the District of Columbia Department of Transportation and Department of Consumer and Regulatory Affairs Vending Consolidation of Public Space and Licensing Authorities Temporary Act of 2006, effective March 8, 2007 (D.C. Law 16-252; 54 DCR 631), and was assigned to an existing, licensed vendor.

(B) A vending location identified in subparagraph (A) of this paragraph shall remain assigned to the existing, licensed vendor; provided, that the vendor’s license status remains in effect and in good standing.

(c) Vendors who are licensed as of October 22, 2009, and had been, at any time, assigned a vending location pursuant to section 6(c-1)(3) of the Vending Regulation Temporary Act of 2008, effective June 5, 2008 (D.C. Law 17-172; 55 DCR 5377), shall be given a preference in lotteries conducted by the Mayor for assigning those vending locations. The lotteries shall be conducted monthly or on an alternative schedule as determined by the Mayor.

(d) Notwithstanding any provision of this section, a vending site permit shall constitute a revocable license and a vendor shall not acquire a property interest in the vending site permit.

(Oct. 22, 2009, D.C. Law 18-71, § 5, 56 DCR 6619.)

Emergency Legislation

For temporary (90 day) addition, see § 10(a) of Vending Regulation Emergency Act of 2008 (D.C. Act 17-322, March 19, 2008, 55 DCR 3445).

For temporary (90 day) addition, see § 10(a) of Vending Regulation Emergency Act of 2009 (D.C. Act 18-9, January 29, 2009, 56 DCR 1638).

For temporary (90 day) addition, see § 10(a) of Vending Regulation Congressional Review Emergency Act of 2009 (D.C. Act 18-47, April 27, 2009, 56 DCR 3574).

For temporary (90 day) amendment of section, see § 2(c) of Fresh Healthy Mobile Cart Vending Pilot in Underserved Areas Emergency Amendment Act of 2012 (D.C. Act 19-325, March 18, 2012, 59 DCR 2261).

Temporary Legislation

Section 2(c) of D.C. Law 19-144 added subsec. (b-1) to read as follows:

“(b-1) Notwithstanding subsection (b) of this section, the Mayor may issue up to 15 vending site permits to healthy food vendors located in underserved areas; provided, that if a vendor receiving a vending site permit ceases to be a healthy food vendor, the Mayor shall revoke the permit.”.

Section 5(b) of D.C. Law 19-144 provided that the act shall expire after 225 days of its having taken effect.

§ 37–131.05. Vending development zones.

The Mayor may establish vending development zones, upon application and after public notice, in which the Mayor may waive the regulatory provisions, such as the design standards, the standards for designation of vending locations, and the procedure for assigning vending locations, otherwise applicable to vendors; provided, that the Mayor shall establish, by rule, a procedure for reviewing applications for the establishment of a vending development zone.

(Oct. 22, 2009, D.C. Law 18-71, § 6, 56 DCR 6619.)

Emergency Legislation

For temporary (90 days) requirement that the Mayor establish a Stadium Special Events Zone, for a period of no more than 7 days, including the MLB All-Star Game, within which only a vendor who holds a Stadium Special Events Permit may engage in vending, see § 2 of MLB All-Star Game Stadium Special Events Zone Emergency Act of 2018 (D.C. Act 22-389, June 22, 2018, 65 DCR 7013).

For temporary (90 day) addition, see § 10(a) of Vending Regulation Emergency Act of 2008 (D.C. Act 17-322, March 19, 2008, 55 DCR 3445).

For temporary (90 day) addition, see § 10(a) of Vending Regulation Emergency Act of 2009 (D.C. Act 18-9, January 29, 2009, 56 DCR 1638).

For temporary (90 day) addition, see § 10(a) of Vending Regulation Congressional Review Emergency Act of 2009 (D.C. Act 18-47, April 27, 2009, 56 DCR 3574).

§ 37–131.06. Public markets.

The Mayor may require the permitting of public markets on public space and may require the licensing of managers of public markets on public space and private space.

§ 37–131.06a. Vending licenses and permits and criminal background checks.

No applicant for a basic business license, a vending site permit, or any other licenses or permits required to vend from a sidewalk, roadway, or other public place pursuant to § 37-131.02 shall be required, in connection with said application, to undergo a criminal background check or provide a certified copy of a criminal history report to any agency prior to or after receiving said licenses or permits.

§ 37–131.06b. Food vending cart and vehicle design standards.

(a) Food vending cart and vehicle designs shall be subject to rules promulgated by the Department of Licensing and Consumer Protection; provided, that food vending carts and vehicles for vendors:

(1) Selling only non-potentially hazardous uncut fruits and vegetables shall not be required to include freshwater tanks, wastewater tanks, or food, ware, or hand washing sinks or sink compartments; or

(2) Selling non-potentially hazardous uncut fruits and vegetables, and potentially hazardous pre-packaged foods, including frozen desserts, sandwiches, and pre-cut fruits and vegetables, shall not be required to include freshwater tanks, or food, ware, or hand washing sinks or compartments.

(b)(1) The Department of Licensing and Consumer Protection shall, in consultation with the Department of Health, establish a process through which businesses, community-based organizations, and vendors can submit food vending cart designs and specifications for approval by the Department of Licensing and Consumer Protection.

(2) When determining whether to approve a specific food vending cart design, the Department of Licensing and Consumer Protection shall consider the following:

(A) Whether the food items that will be sold by users of the food vending cart:

(i) Are potentially hazardous, as defined in section 9901 of Title 25-A of the District of Columbia Municipal Regulations (25-A DCMR § 9901);

(ii) Will be prepared off-site or at the cart; and

(iii) Are packaged off-site, are packaged at the cart, or are sold unpackaged;

(B) Whether the application of existing food cart design requirements is necessary given the food items that will be offered for sale; and

(C) Whether the application of existing food cart design requirements would render the sale of the proposed food items unfeasible due to the size or potential cost of the cart.

(3) When the Department of Licensing and Consumer Protection denies a proposed food vending cart design, the Department shall provide the applicant with the specific reasons and justifications for a denial. The business, non-profit, community-based organization, or vendor who submitted the designs and specifications that were denied may, within 30 business days of receiving a denial, submit revised food vending cart design plans and specifications for consideration by the Department.

(c) When the Department of Licensing and Consumer Protection approves a food vending cart design, the Department shall post the final design, including any design specifications and equipment requirements for the cart, publicly on its website.

§ 37–131.06c. Food vending cart service and storage requirements.

(a) Food vending carts may be serviced and stored in the following locations:

(1) A vending depot that meets the requirements of section 574 of Title 24 of the District of Columbia Municipal Regulations (24 DCMR § 574);

(2) A shared kitchen or support facility;

(3) An existing, brick-and-mortar food establishment with a fixed location, such as a delicatessen, bakery, or restaurant;

(4) A community center;

(5) A cottage food business if the vending cart belongs to the cottage food business; or

(6) A microenterprise home kitchen business if the vending cart belongs to the microenterprise home kitchen business.

(b) A shared kitchen or support facility, existing food establishment with a fixed location, or a community center may be permitted to support the servicing and storage of food vending carts; provided, that:

(1) The food vending cart will be stored in a space and manner that protects the cart from contamination;

(2) There is adequate space for the proper storage of inventory, such as food, supplies, and utensils, used by the vendor;

(3) There is adequate space for the cleaning of any food vending carts serviced and stored at the facility;

(4) The vendor has access to on-site food preparation and food handling areas, if needed; and

(5) The facility will provide access to hot and cold water, potable water, electrical outlets, and receptacles or systems for the proper disposal of trash and food waste.

(c) A microenterprise home kitchen business may be permitted to support the service and storage of up to two food vending carts; provided, that:

(1) The food vending cart will be stored in a space and manner that protects the cart from contamination;

(2) The storage area is designated and clearly identified upon approval and shall not be relocated without approval by the Department of Health;

(3) The microenterprise home kitchen business is capable of supporting the proper preparation and storage of the food being sold from the food vending cart.

(d) An alternative service and storage facility, such as a private garage, may be permitted to support the service and storage of up to 4 food vending carts; provided, that:

(1) The vendors sell only prepackaged food or non-potentially hazardous uncut fruits and vegetables;

(2) The facility provides the vendor with access to on-site potable water;

(3) The service and storage areas are free of pests such as rats; and

(4) Food items are not prepared or stored in the facility.

§ 37–131.07. Fees and funding.

(a)(1) Fees for vending licenses and permits required pursuant to this chapter shall be as follows:

(A) The biennial fee for a basic business license for any vendor shall be $99;

(B) The annual fee for a vending site permit for sidewalk vending locations shall be $75;

(D) The fee for a monthly vending site permit in the Nationals Park Vending Zone, as described in section 529 of Title 24 of the District of Columbia Municipal Regulations (24 DCMR § 529) shall be $65 per monthly lottery; and

(E) The fee for a monthly vending site permit for stationary roadway vending at vending locations designated by section 530 of Title 24 of the District of Columbia Municipal Regulations (24 DCMR § 530) shall be $225 per monthly lottery.

(2) The Mayor may revise fees established in this subsection through the promulgation of rules pursuant to subchapter I of Chapter 5 of Title 2.

(a-1)(1) The Mayor shall not charge a non-government organization operating a farmer's market a fee related to temporary parking restrictions caused by the farmer's market's occupancy of public space, such as a fee described in 18 DCMR § 2407.20; provided, that the farmer's market participates in the Women, Infants and Children Farmers Market Nutrition Program ("FMNP") and the Supplemental Nutrition Assistance Program ("SNAP").

(2) The Mayor may charge a farmer's market operated by a District or federal government agency, regardless of participation in FMNP and SNAP, a fee related to temporary parking restrictions caused by the farmer's market's occupancy of public space, such as a fee described in 18 DCMR § 2407.20.

(3) For the purposes of this subsection, the term "farmer's market" means a food venue composed of vendors where at least 75% of the vendors are selling agricultural produce.

(b)(1) There is established as a nonlapsing fund the Vending Regulation Fund, which shall be used solely for the purposes set forth in paragraph (4) of this subsection.

(2) The following shall be deposited into the Fund:

(A) Fees paid for the application for, and issuance or renewal of, a basic business license endorsed for vending;

(B) Fees paid for the application for, and issuance or renewal of, a vending site permit or other licenses, permits, or authorizations issued by the Mayor under this chapter;

(D) Any other funds designated by law or rule to be deposited into the Fund; and

(E) Interest on funds deposited in the Fund.

(3) All funds deposited into the Fund 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, but shall be continually available for the uses and purposes set forth in paragraph (4) of this subsection, subject to authorization by Congress.

(4) Funds in the Fund may be used to pay the costs of administering this chapter, including costs associated with the application for, and issuance and renewal of, a basic business license as set forth in paragraph (2)(A) of this subsection, and the administration and enforcement of any rules issued under this chapter.

(Oct. 22, 2009, D.C. Law 18-71, § 8, 56 DCR 6619; Nov. 27, 2018, D.C. Law 22-181, § 2, 65 DCR 11200; July 1, 2023, D.C. Law 25-21, § 3(d), 70 DCR 6762.)

Section References

This section is referenced in § 37-131.01.

Applicability

Applicability of D.C. Law 25-21: § 5 of D.C. Law 25-21 provided that the creation of this section by § 3(d) of D.C. Law 25-21 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.

Emergency Legislation

For temporary (90 day) addition, see § 10(a) of Vending Regulation Emergency Act of 2008 (D.C. Act 17-322, March 19, 2008, 55 DCR 3445).

For temporary (90 day) addition, see § 10(a) of Vending Regulation Emergency Act of 2009 (D.C. Act 18-9, January 29, 2009, 56 DCR 1638).

For temporary (90 day) addition, see § 10(a) of Vending Regulation Congressional Review Emergency Act of 2009 (D.C. Act 18-47, April 27, 2009, 56 DCR 3574).

§ 37–131.08. Penalties.

(a) The following violations shall be Class 1 civil infractions and subject to fines pursuant to section 3201 of Title 16 of the District of Columbia Municipal Regulations (16 DCMR § 3201):

(1) Vending without an active license, site permit, or other required licenses and permits pursuant to § 37-131.02(a); and

(2) Knowingly altering, falsifying, or misrepresenting any license, permit, or certificate required pursuant to this chapter, or any other applicable laws or regulations.

(b) All other violations of this chapter and applicable street vending regulations shall be categorized as Class 2, 3, 4, or 5 civil infractions.

(c) Prior to issuing a notice of infraction for violations of this chapter and applicable regulations, the Mayor may give a verbal or written warning to the violator; provided, that this subsection shall not apply to violations listed under subsection (a) of this section.

(d)(1) A person who violates subsection (a)(1) of this section in the presence of an enforcement officer shall identify himself or herself at the direction of the officer by giving his or her legal name and current address. If the person refuses to provide his or her legal name and current address, or if the enforcement officer has reason to believe that the person is providing an incorrect name or address, the enforcement officer may request that the person provide reasonable identification. Upon request of the enforcement officer, the person shall produce reasonable identification.

(2) If a person refuses to produce reasonable identification pursuant to paragraph (1) of this subsection, the enforcement officer may not make an arrest but may detain the person for a period of time not longer than is reasonably necessary to identify the person for purposes of issuing notice of a civil infraction pursuant to § 2-1802.01.

(3) For purposes of this subsection, the term:

(A) "Detain" means to verbally order a person to remain at his or her current location or a nearby location specified by the enforcement officer.

(B) "Enforcement officer" means a person authorized to enforce the provisions of this chapter; provided, that this shall not include an officer or member of the Metropolitan Police Department of the District of Columbia.

(C) "Reasonable identification" means any form of identification that includes a person's legal name and current address.

(e) The Mayor shall issue a revised schedule of civil penalties for violations of this chapter and rules promulgated pursuant to this chapter. The proposed schedule of civil penalties shall be included with rules issued pursuant to § 37-131.10.

(Oct. 22, 2009, D.C. Law 18-71, § 9, 56 DCR 6619; Mar. 9, 2016, D.C. Law 21-79, § 2(b), 63 DCR 762; July 1, 2023, D.C. Law 25-21, § 3(e), 70 DCR 6762.)

Effect of Amendments

The 2016 amendment by D.C. Law 21-79 designated the existing text as (a); and added (b).

Emergency Legislation

For temporary (90 day) addition, see § 10(a) of Vending Regulation Emergency Act of 2008 (D.C. Act 17-322, March 19, 2008, 55 DCR 3445).

For temporary (90 day) addition, see § 10(a) of Vending Regulation Emergency Act of 2009 (D.C. Act 18-9, January 29, 2009, 56 DCR 1638).

For temporary (90 day) addition, see § 10(a) of Vending Regulation Congressional Review Emergency Act of 2009 (D.C. Act 18-47, April 27, 2009, 56 DCR 3574).

For temporary (90 days) amendment of this section, see § 2 of the Vending Regulations Emergency Amendment Act of 2014 (D.C. Act 20-278, February 20, 2014, 61 DCR 1587).

For temporary (90 days) amendment of this section, see § 2 of the Vending Regulations Emergency Amendment Act of 2014, (D.C. Act 20-343, May 28, 2014, 61 DCR 5709).

For temporary (90 days) amendment of this section, see § 2 of the Classroom Animal for Educational Purposes Clarification Congressional Review Emergency Amendment Act of 2015 (D.C. Act 21-30, Mar. 27, 2015, 62 DCR 4534, 21 DCSTAT 867).

For temporary (90 days) amendment of this section, see § 2(b) of the Vending Regulations Emergency Amendment Act of 2015 (D.C. Act 21-255, Jan. 6, 2016, 63 DCR 520).

Temporary Legislation

For temporary (225 days) amendment of this section, see § 2 of the Vending Regulations Temporary Amendment Act of 2014 (D.C. Law 20-103, May 15, 2014, 61 DCR 2433).

For temporary (225 days) amendment of this section, see § 2 of the Vending Regulations Temporary Amendment Act of 2014 (D.C. Law 20-131, Aug. 8, 2014, 61 DCR 6336).

For temporary (225 days) amendment of this section, see § 2 of the Vending Regulations Temporary Amendment Act of 2015 (D.C. Law 21-8, June 4, 2015, 62 DCR 4566).

§ 37–131.08a. Sidewalk vending zones and licensing.

(a) The Mayor may establish sidewalk vending zones through rulemaking. For each sidewalk vending zone, the Mayor shall:

(1) Establish vending locations, pursuant to an approved vending site plan submitted by a sidewalk vending zone manager; provided, that no vending cart, stand, or table shall be located within:

(A) 20 feet of a driveway entrance to a police or fire station;

(B) 10 feet of any other driveway;

(D) 20 feet of a street-level entry to a Metrorail escalator;

(E) 10 feet of a street-level door to a Metrorail elevator;

(F) A marked loading zone, entrance zone, or parking space designated for diplomatic parking, or other curbside location restricted for certain vehicles or uses;

(G) 10 feet of a fire hydrant or in-ground fire standpipe;

(H) 5 feet from a building's marked fire control room; or

(I) A Metrobus Stop Zone, a commuter bus zone, an intercity bus zone, or other curbside zone specifically designated and demarcated as being for transit use;

(2) Permit sidewalk vendors to alternate from one vending location to another within the same sidewalk vending zone, pursuant to an approved vending site plan submitted by a sidewalk vending zone manager;

(3) Require all sidewalk vendors to conspicuously display a basic business license and any other legally required permits or certificates; and

(4) Require all sidewalk vendors to vend from a temporary table or a vending cart that contains no motor or open fires, is able to be moved by hand, and is no more than 4 feet in width and 4 feet in length, unless the vendor vends food from a vending cart, in which case the vending cart shall not exceed 5 feet in width and 8 feet in length and 8 feet 6 inches in height from the bottom of the tire.

(b)(1) The following persons may submit a written request to the Mayor for the establishment of a sidewalk vending zone, the establishment of vending spaces within a proposed sidewalk vending zone, or the establishment of or changes to vending spaces within an existing sidewalk vending zone:

(A) An affected Advisory Neighborhood Commission;

(B) An organization incorporated under the laws of the District, the members of which are sidewalk vendors;

(C) A non-profit incorporated under the laws of the District that provides services or technical assistance to sidewalk vendors;

(D) A citizens association incorporated under the laws of the District located within the affected area; or

(E) A Business Improvement District within the affected area. For purposes of this paragraph, the term "Business Improvement District" shall have the same meaning as set forth in § 2-1215.02(7).

(2) The Mayor shall solicit community input and respond in writing to a request made pursuant to paragraph (1) of this subsection within 60 days of its receipt. If the request is denied, the written response shall provide an explanation for the decision.

(c)(1) A sidewalk vending zone shall be supervised by a sidewalk vending zone manager.

(2) For a sidewalk vending zone authorized by this section, and for the Columbia Heights-Mount Pleasant Sidewalk Vending Zone established by § 37-131.08b, the Mayor, by and through the Department of Licensing and Consumer Protection, shall contract with a non-profit organization for a sidewalk vending zone manager. The organization shall meet the following requirements:

(A) The organization has an active business license;

(B) The organization has demonstrated knowledge of and expertise in vending regulations;

(D) The organization provides proof of a general liability insurance policy in an amount and kind as determined by the Mayor; and

(E) The organization provides proof that it has the resources necessary to supply translation services to sidewalk vendors, as needed.

(3) The Mayor shall give preference to organizations that have a demonstrated history of working with, or providing services and technical assistance to, sidewalk vendors.

(d)(1) A sidewalk vending zone manager shall:

(A) Submit a vending site plan to the Department of Licensing and Consumer Protection;

(B) Provide accurate contact information of any onsite personnel to each vendor in a sidewalk vending zone;

(C) Develop and maintain policies and procedures to respond to and mediate disputes between sidewalk vendors in a sidewalk vending zone, which shall be written and shall be provided to each vendor in a sidewalk vending zone in his or her preferred language;

(D) Maintain an accurate list of sidewalk vendors operating within a sidewalk vending zone, including contact information and basic information on items being sold by each sidewalk vendor;

(E) Maintain a daily log of supervision activity, including information on technical assistance provided to sidewalk vendors, mediations conducted, and corrective actions taken to ensure sidewalk vendors are in compliance with the law and regulations;

(F) Provide technical support to sidewalk vendors in a sidewalk vending zone, as needed;

(G) Take all necessary and reasonable actions to ensure that a sidewalk vendor is compliant with all health laws and regulations; and

(H) Successfully pass an accredited Food Protection Manager Certification Program.

(2)(A) A vending site plan submitted pursuant to paragraph (1)(A) of this subsection shall contain a diagram of all sidewalk vending locations within the sidewalk vending zone. The diagram shall include the full name and license number of each vendor, as well as the approximate dimensions of any cart, stand or table used by each vendor.

(B) The Department shall approve or request modifications to a vending site plan within 7 business days of receipt. The Department shall only request modifications to a vending site plan when the plan conflicts with this chapter or presents an immediate and significant hazard to pedestrians, cyclists, or vehicular traffic.

(C) A request for modifications shall be made in writing to the sidewalk vending zone manager and shall include the justification for the denial or requested modifications. The Department shall respond to any proposed modifications within 7 business days of receipt.

(D) Any changes to a vending site plan must be approved by the Department before they may be implemented.

(3)(A) The list maintained pursuant to paragraph (1)(D) of this subsection shall include the full name, license number, business address of each sidewalk vendor, and a diagram of the vending location.

(B) Any change of information shall be provided to the Department within 24 hours of that change.

(4) Any documentation required pursuant to paragraph (1) of this subsection shall be made available to the Mayor timely upon request.

§ 37–131.08b. Establishment of the Columbia Heights-Mount Pleasant Sidewalk Vending Zone.

(a) There is established the Columbia Heights-Mount Pleasant Sidewalk Vending Zone, comprised of the geographic area bounded by a line that begins on the southwest corner of the intersection of 16th Street, NW, and Fuller Avenue, NW, then north along the west side of 16th Street, NW, until the southwest corner of 16th Street, NW, and Harvard Street, NW, then north along the west side Harvard Street, NW, until the northwest corner of the intersection of Harvard Street, NW, and Argonne Place, NW, then east along the north side of Argonne Place, NW, until the northwest corner of the intersection of Argonne Place, NW, and Mount Pleasant Street, NW, then north along the west side of Mount Pleasant Street, NW, until the northwest corner of the intersection of Irving Street, NW, and Mount Pleasant Street, NW, then west along Irving Street, NW until the southwest corner of the intersection of Irving Street, NW, and 17th Street, NW, then north along 17th Street, NW, until the northwest corner of the intersection of 17th Street, NW, and Park Road, NW, then east along Park Road, NW, until the northwest corner of the intersection of Park Road, NW, and 14th Street, NW, then north along the west side of 14th Street, NW, until the northwest corner of 14th Street, NW, and Ogden Street, NW, then north on the west side of Ogden Street, NW, until the northwest corner of the intersection of Ogden Street, NW, and Oak Street, NW, then east along the north side of Oak Street, NW, until the northwest corner of Oak Street, NW, and 14th Street, NW, then north along the west side of 14th Street, NW, until the northwest corner of the intersection of 14th Street, NW, and Spring Road, NW, then south along the east side of 14th Street, NW, to the northeast corner of 14th Street, NW, and Newton Street, NW, then east along the north side of Newton Street, NW, until the northeast corner of the intersection of Newton Street, NW, and Holmead Place, NW, then south along the east side of Holmead Place, NW, until the northeast corner of the intersection of Holmead Place, NW, and Park Road, NW, then east along the north side of Park Road, NW, until the northeast corner of the intersection of Park Road, NW, and 13th Street, NW, then south on the east side of 13th Street, NW, until the southeast corner of the intersection of 13th Street, NW, and Girard Street, NW, then east along the south side of Girard Street, NW, until the southeast corner of the intersection of 15th Street, NW, and Girard Street, NW, then south along the west side of 15th Street, NW, until the southeast corner of the intersection of 15th Street, NW, and Fuller Street, NW, then east along the south side of Fuller Street, NW, until the southwest corner of the intersection of Fuller Street, NW, and 16th Street, NW[.]

(b)(1) The Columbia Heights-Mount Pleasant Sidewalk Vending Zone shall contain the following areas for the siting of vending locations:

(A) Sidewalks surrounding Reservation 309, and public space in Reservation 309;

(B) Sidewalks surrounding Reservation 309G, and public space in Reservation 309G over which the District has jurisdiction;

(D) Eastern and western sidewalks of Mt. Pleasant Street, NW, between Harvard Street, NW, and Park Road, NW, including all sidewalk space on:

(i) The southeast corner of Mt. Pleasant Street, NW, and Lamont Street, NW, and

(ii) The southeast corner of Mt. Pleasant Street, NW, and Park Road, NW;

(E) Eastern and western sidewalks of 14th Street, NW, between Columbia Road, NW, and Monroe Street, NW;

(F) Western sidewalk of 14th Street, NW, between Parkwood Place, NW, and Perry Place, NW;

(G) Northern sidewalk of Park Road, NW, between 14th Street, NW, and Holmead Place, NW;

(H) Northern sidewalk of Monroe Street, NW, between 14th Street NW, and the public alley located between Lots 21 and 144 of Square 2836;

(I) Southern sidewalk of Monroe Street, NW, between 14th Street, NW, and the public alley located between Lots 76 and 79 of Square 2837;

(J) Northern and southern sidewalks or Irving Street, NW, between 14th Street, NW, and Mt. Pleasant Street, NW;

(K) Civic Plaza in Lot 834 of Square 2843, bounded by 14th Street, NW, Kenyon Street, NW, and Park Road, NW;

(L) Southern sidewalk of Columbia Road, NW, between 14th Street, NW, and 15th Street, NW; and

(M) Southern sidewalk of Lamont Street, NW, between Mount Pleasant Street, NW, and 16th Street, NW

(2) For each area listed under paragraph (1) of this subsection, the Mayor shall, in coordination with a sidewalk vending zone manager and pursuant to an approved vending site plan, establish vending locations at which sidewalk vendors may locate. Vending locations within the Columbia Heights-Mount Pleasant Sidewalk Vending Zone shall not violate the restrictions of § 37-131.08a(a)(1).

(c) The Mayor may add additional areas within the boundaries of the Columbia Heights-Mount Pleasant Sidewalk Vending Zone established pursuant to subsection (a) of this section for the purpose of siting additional vendor locations; provided, that any additional areas shall be established pursuant to an approved vending site plan.

(d)(1) The Mayor shall issue a request for proposals ("RFP") for a sidewalk vending zone manager for the Columbia Heights-Mount Pleasant Sidewalk Vending Zone no later than 60 days after July 1, 2023.

(2) In the process of developing the RFP, the Mayor shall solicit input from sidewalk vendors and community-based organizations and non-profits providing technical assistance or legal services to vendors.

(e)(1) The Mayor shall execute a contract with an entity selected through the RFP process set forth in subsection (c) of this section no later than 120 days after July 1, 2023.

(2) If a contract with a sidewalk vending zone manager is not executed within 120 days following July 1, 2023, sidewalk vendors shall be able to locate and operate in areas of the Columbia Heights-Mount Pleasant Sidewalk Vending Zone.

§ 37–131.08c. Street vending amnesty program.

(a) There is established an amnesty program for any person applying to be a street vendor who is liable for delinquent:

(1) Fines for violations of this chapter and rules from 2010 to July 1, 2023, including any accrued interest or penalties; and

(2) Minimum sales tax payments owed pursuant to D.C. Official Code § 47-2002.01 from 2010 to the July 1, 2023.

(b) The amnesty program shall be available for 5 years following its establishment.

(1) A basic business license application;

(2) A vending site permit application for a sidewalk vending location;

(3) A copy of each unpaid citation received by the applicant, and the amount owed by the applicant for each citation; and

(4) Documentation verifying the amount of delinquent minimum sales tax, interest, and penalties owed to the Office of Tax and Revenue.

(d) While the amnesty program is accepting applications, the Mayor shall publicize the terms and conditions of the amnesty program.

(e) For purposes of this section, the term "street vendor" means a person licensed to vend from a sidewalk, roadway, or other public space pursuant to § 37-131.02.

§ 37–131.08d. Columbia Heights-Mount Pleasant public asset and vendor support study.

(a) The Mayor shall commission a study to:

(1) Identify potential spaces for the storage and servicing of sidewalk vending carts within or near the Columbia Heights-Mount Pleasant Sidewalk Vending Zone, including any cost estimates for acquiring the space and making necessary improvements;

(2) Identify potential locations for the siting of public restroom facilities within or near the Columbia Heights-Mount Pleasant Sidewalk Vending Zone, including cost estimates of any work that would be required to construct a public restroom facility;

(3) Make recommendations for capital improvements at areas within the Columbia Heights-Mount Pleasant Sidewalk Vending Zone to better accommodate vending activity and pedestrian access; and

(4) Identify potential locations for an indoor vending market within or near the Columbia Heights-Mount Pleasant Sidewalk Vending Zone, including cost estimates for acquiring the land if necessary.

(b) The Mayor shall submit the study required pursuant to paragraph (1) no later than one year after [insert applicability date].

§ 37–131.09. Establishment of the Citywide Vending Task Force.

(a) Within 30 days after October 22, 2009, the Mayor shall create and convene the Citywide Vending Task Force (“Task Force”), consisting of representatives from the street vendor, small business, downtown business, and other affected communities, including District residents.

(b) The Task Force shall evaluate existing vending laws and rules to ensure maximum comprehensiveness, uniformity, and fairness for all stakeholders. Specifically, the Task Force shall consider issues of grandfather clauses, insurance fees, lottery selection, and possible clarification of existing grounds of revocation of a vending license.

(c) Within 120 days after October 22, 2009, the Task Force shall conclude its work by presenting a report and recommendation to the Council on its specific findings, including a legislative recommendation on whether to establish a permanent vending commission.

§ 37–131.10. Rules.

The Mayor, pursuant to subchapter I of Chapter 5 of Title 2 [§ 2-501 et seq.], may issue rules to implement this chapter, including rules regulating the location, the design, and the maintenance of vendor carts, stands, vehicles, and other equipment, and rules requiring that persons vending from public space maintain insurance in such form and amount as may be required by the Mayor. The proposed rules shall be submitted to the Council for a 60-day period of review, excluding weekends, holidays, and days of Council recess. If the Council does not approve or disapprove the proposed rules, by resolution, within the 60-day review period, the proposed rules shall be deemed disapproved.