Section 19-729. COMMERCIAL ACTIVITIES FOR THE SALE OF GOODS

 

729.1The Department may issue fee-based use permits for the sale of goods on its property to individual vendors or market operators in accordance with Section 725 of this chapter.  The Department will issue fee-based use permits in its discretion if the applicant’s use aligns with the mission of the Department and if the activity will not interfere with the use and enjoyment of the area by other members of the public.

 

729.2An individual vendor may apply for a fee-based use permit.  The Department may grant more than one (1) permit for the same time and space to individual vendors or prohibit a permit for a particular space or limit a space to one (1) permit. Upon expiration of a fee-based use permit, the Department may consider a different individual vendor for the same space or create a waitlist of individual vendors.

 

729.3Market operators may provide for the sale of goods through a market with multiple individual vendors, or they may organize a special event for which individual vendors operate as part of the event.

 

729.4Market operators may apply for a fee-based use permit by submitting a written proposal including plans for admission fees, signage, and advertising.  The proposal shall also include the estimated number of vendors, types of items to be sold, a footprint map of the proposed use of the area, a security plan, or emergency medical plans being provided during the duration of the event, hours of operation, and a description of how the trash will be removed and/or recycled.

 

729.5When applying for a market operator fee-based use permit the Department may require the following conditions to be met before the permit is issued:

 

(a) A cleaning and/or security deposit of forth percent (40%) of the total fees;

 

(b) Comprehensive commercial general liability insurance with coverage on an “occurrence” basis of at least one million dollars ($1,000,000);

 

(c) A propane permit issued by the Fire and Emergency Medical Services Department; and

 

(d) A letter of support from the appropriate Advisory Neighborhood Commission.

 

729.6A market operator shall ensure that all participating vendors selling food shall provide proof to the Department of applicable licenses and/or permits from the District Department of Health and Department of Consumer and Regulatory Affairs or other applicable agencies.

 

729.7Market operators shall provide a written report of all food and beverage and other sales to the Department within thirty (30) days after the event. The report shall summarize gross income of the participating vendor(s).

 

729.8Any sale of food and beverages by individual vendors or market operators shall comply with applicable licensing requirements and the nutritional requirements set forth in Section 3b of the Recreation Act of 1994, effective April 23, 2013 (D.C. Law 10-246; D.C. Official Code § 10-302.02). 

 

 

authority

Sections 5 and 7a of the Recreation Act of 1994 (the Recreation Act), effective March 23, 1995 (D.C. Law 10-246; D.C. Official Code §§ 10-304 and 307 (2013 Repl.)), and Sections 6 and 6a of An Act to Vest in the Commissioners of the District of Columbia Control of Street Parking in said District, approved July 1, 1898 (30 Stat. 571; D.C. Official Code §§ 10-137 and 10-137.01 (2013 Repl.)).

source

15 DCRR § 6.6 (August 10, 1970 and December 23, 1970); as amended by the Healthy Schools Act of 2010, effective July 27, 2010 (D.C. Law 18-209; 57 DCR 7548 (August 20, 2010)); as amended by Final Rulemaking published at 63 DCR 8248 (June 10, 2016).