Section 24-539. ASSIGNMENT OF STATIONARY ROADWAY VENDING LOCATIONS

 

539.1For  a period of one (1) year from the publication in the District of Columbia Register of a notice of final rulemaking adopting this chapter, MPD shall oversee the lottery for stationary roadway Vending Locations. Upon the expiration of the yearlong period, the DCRA Director shall oversee the lottery.

 

539.2Stationary Roadway Vending Locations shall be assigned as follows:

 

(a)All Stationary Roadway Vending Locations shall be allocated by lottery;

 

(b)The lottery shall be conducted monthly, with Vending Locations allocated  to a vendor by the following days of the week:

 

(1)Monday;

 

(2)Tuesday;

 

(3)Wednesday;

 

(4)Thursday;

 

(5)Friday;

 

(6)Saturday; or

 

(7)Sunday.

 

(c)There shall be equal allocation in the lottery of Class A and Class B  licenses; and

 

(d)No vendor shall be issued Stationary Roadway Vending Site Permits for  more than two (2) Stationary Roadway Vending Sites at any one time.

 

539.3No Stationary Roadway Vending Site Permit shall be distributed until full payment is received from the roadway vendor or person.

 

539.4A vendor shall have thirty-five (35) calendar days from the billing date to remit payment for the Stationary Roadway Vending Locations the vendor has won. Failure to remit payment shall allow the DCRA Director to rescind the offer to the winning vendor.

 

539.5The DCRA Director may lottery off unclaimed Stationary Roadway Vending Locations until all Stationary Roadway Vending Locations are awarded.

 

539.6The DCRA Director shall register licensed roadway vendors, which may include both stationary roadway vendors and mobile roadway vendors, for participation in the lottery by assigning each vendor a registration number.

 

539.7No vendor may participate in the lottery for Stationary Roadway Vending Locations unless the vendor holds a valid Vending Business License for roadway vending and is registered for the lottery.

 

539.8No vendor may operate on more than one (1) Stationary Roadway Vending Location per day, and only one (1) vendor may occupy an assigned Stationary Roadway Vending Location as described on the Stationary Roadway Vending Site Permit, unless otherwise specified by the DCRA Director on the Stationary Roadway Vending Site Permit.

 

539.9No lottery registration or Stationary Roadway Vending Location assignment or permits may be transferred from a vendor to any other person.

 

539.10The DCRA Director may contract out the function of performing the lottery for Stationary Roadway Vending Locations; provided that the lottery may be subject to any government-required audit or review.

 

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 60 DCR 13055 (September 20, 2013).