Section 24-501. AGENCY RESPONSIBILITIES

 

501.1The Director of the Department of Consumer and Regulatory Affairs (DCRA Director) shall be responsible for:

 

(a)Coordinating all vending activities in the District of Columbia;

 

(b)Reviewing applications for, and issuing, Vending Business Licenses to  vendors in the District;

 

(c)Distributing Vending Site Permits for Vending Locations approved by the  District Department of Transportation (DDOT) Director (DDOT Director)  as meeting the standards established by the DDOT Director, pursuant to  §§ 525, 532, and 535;

 

(d)Enforcing this chapter’s provisions, including the requirement that  vendors vend only from their assigned Vending Locations; provided, that  the Department of Health (DOH) Director (DOH Director) shall be  responsible for the application and enforcement of Subtitle A (Food and  Food Operations) of Title 25 of the District of Columbia Municipal  Regulations (DCMR) to food vendors holding Class A and Class C  Vending Business Licenses;

 

(e)Creating and maintaining a database of all vendors issued Vending  Business Licenses, including any specific Vending Location assigned to  each vendor;

 

(f)Designating the categories of merchandise or services that may be vended  under a specific class of Vending Business License and, where authorized  under this chapter, designating specific categories of merchandise or  services that may be vended at a specific Vending Location;

 

(g)Establishing the authorized hours of operation for vendors and, where  authorized under this chapter, establishing specific hours of operation at a  specific Vending Location; and

 

(h)Establishing standards regarding the design, maintenance, and operations  of vendors and vending equipment.

 

501.2The DDOT Director shall be responsible for:

 

(a)Designating, modifying, and waiving, as appropriate, the standards for  Vending Locations, pursuant to § 524, § 532, and §§ 533 through 537;

 

(b)Approving locations on public space where public markets may be located  and issuing public space permits for public markets on public space;

(c)Assisting, as appropriate, with the enforcement of the provisions of this  chapter.

 

501.3The Metropolitan Police Department (MPD) shall be responsible for:

 

(a)Enforcing District laws and regulations prohibiting unlicensed vending  activities;

 

(b)Enforcing any criminal laws, including laws regarding assault, harassment,  and intimidation, in connection with vending; and

 

(c)Assisting, as appropriate, with the enforcement of the provisions of this  chapter.

 

501.4The DOH Director shall be responsible for:

 

(a)Designating the categories of food that may be vended in accordance with  Subtitle A (Food and Food Operations) of Title 25 of the District of  Columbia Municipal Regulations (DCMR);

 

(b)Reviewing and either approving or denying applications for food vendors  holding Class A and Class C Vending Business Licenses or other  certificates of authority required in accordance with Chapter 37, Subtitle A  (Food and Food Operations) of Title 25 of the DCMR for the vending of  food from public or private spaces;

 

(c)Inspecting food vending operations and vending depots in accordance with  Subtitle A (Food and Food Operations) of Title 25 of the DCMR; and

 

(d)Enforcing the application of Subtitle A (Food and Food Operations) of  Title 25 of the DCMR to food vendors.

 

501.5The Fire and Emergency Medical Services Department (FEMS) shall be responsible for:

 

(a)Reviewing and issuing permits for the use of open flame and propane gas  in food vending operations and conducting fire safety-related inspections  of vending businesses; and

 

(b)Enforcing District laws and regulations pertaining to any operational  permits required under Subtitle H (Fire Code Supplement) of Title 12 of  the DCMR.

 

authority

Sections 5 and 18 of Mayor-Commissioner Regulation No. 74-39, effective December 13, 1974 (21 DCR 1285), as amended by the Vendors Regulation Amendments Act of 1978, effective June 30, 1978 (D.C. Law 2-82; 24 DCR 9293), Reorganization Plan No. 1 of 1986, effective August 21, 1986, the Vending Regulation Act of 2009, effective October 22, 2009 (D.C. Law 18-71; 56 DCR 6619), and Mayor’s Order 2010-91, dated May 27, 2010; Sections 101(b), 2002(b), and 2 of the Omnibus Regulatory Reform Amendment Act of 1998, effective April 29, 1998 (D.C. Law 12-86; D.C. Official Code §§ 47-2851.04(c)(1), 47-2851.05(d), and 47-2851.12 (2005 Repl. & 2012 Supp.)); Sections 104 and 105 of the Department of Consumer and Regulatory Affairs Civil Infractions Act of 1985, effective October 5, 1985 (D.C. Law 6-42; D.C. Official Code §§ 2-1801.04 and 2-1801.05 (2007 Repl. & 2012 Supp.)); and Mayor’s Order 86-38, dated March 4, 1986.

source

Regulation No. 74-39 (21 DCR 1285 (December 23, 1974)), as amended by § 2 of the Vendors Regulation Amendments Act of 1978, effective June 30, 1978 (D.C. Law 2-82, 24 DCR 9293 (May 5, 1978)); as amended by Final Rulemaking published at 31 DCR 4935 (October 5, 1984); as amended by §40 of the Department of Consumer and Regulatory Affairs Civil Infractions Act of 1985 Technical and Clarifying Amendments Act of 1990, effective March 8, 1991 (D.C. Law 8-237; 38 DCR 314, 329 (January 11, 1991)); as amended by Final Rulemaking published at 41 DCR 7787 (December 2, 1994); as amended by D.C. Act 12-256 (45 DCR 1172 (March 6, 1998)); as amended by Final Rulemaking published at 52 DCR 5953 (June 24, 2005); as amended by Final Rulemaking published at 52 DCR 8520 (September 16, 2005); as amended by Final Rulemaking published at 60 DCR 13055 (September 20, 2013).