Section 24-512. VENDING SITE PERMIT: DENIAL, SUSPENSION, REVOCATION AND SEIZURE

 

512.1The DCRA Director may summarily revoke or suspend a Vending Site Permit at any time, without prior notice to the vendor or an opportunity to be heard, if:

 

(a)The Vending Location associated with the Vending Site Permit is not  eligible for authorization as a Vending Location under this chapter or any  other applicable law or regulation;

 

(b)The DDOT Director has eliminated the Vending Location associated with  the Vending Site Permit;

 

(c)The Vending Location, or the vending-related activities at the Vending  Location, constitute a threat to public safety; or

 

(d)The vendor is operating in a manner that is in violation of the terms or  conditions of the Vending Site Permit or in violation of this chapter,  including an attempt to transfer, convey, or sell the Vending Site Permit to  another person.

 

512.2Except for a summary revocation or suspension pursuant to § 512.1, upon the suspension or revocation of a vendor’s Vending Site Permit, the DCRA Director shall provide the vendor with written notice of that action and of the vendor’s right to appeal to the Office of Administrative Hearings, and may immediately seize the Vending Site Permit and Vending Business License, pursuant to § 511.3.

 

512.3If the surrendered or seized Vending Site Permit is the only permit associated with the Vending Business License, the vendor’s Vending Business License shall be put on hold pursuant § 568.

 

512.4If a vendor’s Vending Site Permit is summarily suspended or revoked by the DCRA Director pursuant to § 512.1, the vendor may appeal the summary suspension or revocation to the Office of Administrative Hearings.

 

512.5A notice issued by the DCRA Director under this section shall be mailed by first-class U.S. mail. If the notice establishes a specific date for a hearing, the notice shall be mailed at least ten (10) days prior to the date of the hearing.

 

512.6A vendor’s Vending Site Permit may be suspended or revoked if the vendor has not conducted any vending for six (6) months at the Vending Location associated with the Vending Site Permit; provided, that this provision shall not apply to a vendor who has placed his or her Vending Business License on hold pursuant to  § 568.

 

512.7If a vendor’s Vending Business License is suspended or revoked, any Vending Site Permit associated with that Vending Business License shall also be suspended or revoked.

 

512.8If a person’s Vending Site Permit is revoked or suspended (including summarily suspended) under this section, the DCRA Director shall provide notice of the revocation or suspension to DDOT, MPD, and, if the business holds a Class A License, to DOH.

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

Final Rulemaking published at 31 DCR 4935 (October 5, 1984); as amended by Final Rulemaking published at 32 DCR 5746 (October 11, 1985); as amended by Final Rulemaking published at 32 DCR 7586 (December 27, 1985); 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).