Section 24-564. EMPLOYEES OF LICENSED VENDORS

 

564.1No individual shall work at a vending business unless the individual is the licensed vendor of the vending business or is an employee of the vendor holding a valid Vendor Employee Identification Badge.

 

564.2The employing vendor shall follow all applicable District and federal employment laws and regulations.

564.3An employee of a vendor may operate the vendor’s Class A or Class D vending business without the vendor being present; provided, that the employee holds a valid:

 

(a)Food Protection Manager Certificate issued by the Conference of Food  Protection Standards for Accreditation of Food Protection Manager  Certification Programs in accordance with § 203 of Subtitle A (Food and  Food Operations) of Title 25 of the DCMR; and

 

(b)DOH-issued a Certified Food Protection Manager Identification Card in  accordance with § 203 of Subtitle A (Food and Food Operations) of Title  25 of the DCMR.

 

564.4No individual may act as an employee of a vendor unless that individual holds a valid Vendor Employee Identification Badge issued by the DCRA Director.

 

564.5An individual shall apply for a Vendor Employee Identification Badge by submitting an application to the DCRA Director, on a form prescribed by the DCRA Director, which shall include:

 

(a)The name, address, photograph, and telephone number of the individual;

 

(b)The name and license number of the vendor for whom the individual will  act as an employee;

 

(c)The signature of the individual;

 

(d)The notarized signature of the vendor;

 

(e)The application fee, which shall be fifty-five dollars ($55); and

 

(f)Any additional information or documentation required by the DCRA  Director.

 

564.6The Vendor Employee Identification Badge shall include the name of the employee of the vendor, a badge number, the name of the licensed vendor, and the Vending Business License number of the vendor.

 

564.7An employee shall conspicuously wear his or her Vendor Employee Identification Badge when the employee is operating the vendor’s vending business.

 

564.8An individual may represent more than one (1) licensed vendor; provided, that the individual:

 

(a)Has a Vendor Employee Identification Badge for each licensed vendor  that employs the individual; and

 

(b)Displays the Vendor Employee Identification Badge for the respective  licensed vendor while working at that vendor’s vending business.

 

564.9A licensed vendor shall be held responsible for the actions of his or her employees and independent contractors, where such actions are related to the operation of the vending business and, either singularly or in combination, the Vending Business License, Vending Site Permit, Vendor Employee Identification Badge, and health inspection certificate of the vendor may be suspended or revoked based on those actions.

 

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).