Section 24-573. SOLICITING: GENERAL PROVISIONS

 

573.1No person shall solicit any person from a street, sidewalk, or other public space, or in any way interfere with the free passage of any person along any street, sidewalk, or other public space, for the purpose of inducing that person to do any of the following:

 

(a)Buy any merchandise, food, or service;

 

(b)Patronize any hotel, motel, inn, or boarding house; or

 

(c)Patronize any place of entertainment or amusement.

 

573.2No person shall solicit any other person within or on the grounds of any railroad or bus station or depot, or on public space in the District, for the purpose of securing a passenger or passengers for transportation for hire, unless properly licensed and permitted to do so by the Mayor. 

 

573.3No person shall, on any public highway in the District, solicit employment to guard, watch, wash, clean, repair, or paint, any automobile or other vehicle, except as provided for in Title 18 of the DCMR.

 

573.4No person shall remain in front of or enter any store or vending business where goods are sold at retail for the purpose of enticing away or in any manner interfering with any person who may be in front of or who may have entered the store or vending business for the purpose of buying.

 

573.5Unless issued a valid Class D Vending Business License or engaged in a transaction with a Class D Vending Business Licensed vendor, no person shall sell or offer to sell tickets from the sidewalks, streets, or public spaces anywhere in the District for any sightseeing bus tours of any kind.

 

573.6Class D Vendors may only sell tickets in areas designated for that specific purpose, pursuant to § 573.7.

 

573.7Class D license holders who provide sightseeing bus services are authorized to vend from public space within ten feet (10 ft.) of a sign designating a stop of the sightseeing bus for which the person is selling tickets; provided, that the sign has been permitted and approved by the DDOT Director pursuant to § 3306 of Chapter 33 of Title 24 of the DCMR. No structure or fixture, including “A” frame signs, podiums, kiosks, or any other material, whether temporary or permanent, shall be placed in public space.

 

573.8No person shall sell or offer to sell any ticket from the sidewalks, streets, or public spaces anywhere in the District of Columbia for any excursion, musical or theatrical performance, opera, sporting event, circus, or any entertainment of any kind; provided, that sales of tickets on public space for sightseeing bus excursions shall comply with the provisions of§§ 573.5, 573.6, and 573.7.

 

 

SOURCE: Final Rulemaking published at 60 DCR 13055 (September 20, 2013); as amended by the Vending Regulations Amendment Act of 2015, effective March 9, 2016 (D.C. Law 21-0079; 63 DCR 762 (January 22, 2016)).

 

573AVENDING: TICKET SALES

 

573A.1 Notwithstanding § 573 , the DCRA Director in consultation with the Metropolitan Police Department and after consultation with any associated entertainment venue may establish a Ticket Resale Zone (TRZ) on a sidewalk, street, or other public space within which the sale of tickets may be authorized by the DCRA Director after approval from DDOT pursuant to § 501.2(b). A TRZ shall not be established within 1000 feet of an entertainment venue if the establishment thereof is objected to by the venue operator.

 

573A.2 The Director of DCRA shall establish a TRZ by publishing a notice in the D.C. Register setting forth the location of the TRZ. The notice shall be published at least seven (7) days before the zone will be used for ticket sales.

 

573A.3 The Director of DCRA may rescind the designation of an area as a TRZ by publishing a notice of rescission in the D.C. Register; provided, that the DDOT Director may rescind the designation of an area as a TRZ before publication of such a notice by posting notices of rescission at the TRZ.

 

573A.4 DCRA may issue Vending Site Permits authorizing persons holding Class D Vending Licenses for ticket sales to sell tickets in a TRZ according to the provisions of this chapter.

 

573A.5 A Vending Site Permit authorizing the sale of tickets from a TRZ shall specify the: "(a) Date(s) on which ticket sales are authorized; "(b) Time(s) during which ticket sales are authorized; and "( c) Ticket Resale Zone at which ticket sales are authorized.

 

573A.6 In order to obtain a Vending Site Permit, a person holding a Class D Vending License for ticket sales shall, by the fifteenth (15th) day of any calendar month, submit, on a form prescribed by the Director of DCRA, a request for any dates that the person desires Vending Site Permits to sell tickets in a TRZ for the following month.

 

573A. 7 If requests from licensees for Vending Site Permits exceed the number of available permits for a TRZ for a particular date and time, DCRA shall assign the available spaces through a lottery. DCRA shall publish the results of the lottery on the DCRA website.

 

573A.8 The venue associated with a TRZ shall, upon request, be granted one (1) Vending Site Permit for any requested event if the request is submitted by the fifteenth (15th) day of the previous calendar month or at the discretion of DCRA.

 

573A.9 A person may sell or offer to sell tickets from a TRZ if:

 

(a) The person holds a Class D Vending License for ticket sales or is the venue associated with the TRZ;

 

(b) The person conspicuously displays his or her Vending Site Permit and Class D Vending License for ticket sales or an identification card provided to a venue by DCRA;

 

(c) The person has been issued a Vending Site Permit by DCRA authorizing him or her to sell tickets from the TRZ;

 

(d) The person is buying, selling, or offering to buy or sell tickets pursuant to the terms of the Vending Site Permit; and

 

(e) The person is buying, selling, or offering to buy or sell tickets for an event scheduled to begin within six (6) hours of the time of sale.

 

573A.10 To conduct a sale in a TRZ, a ticket sale licensee must, in addition to operating in compliance with § 573A.9, provide a receipt to the non-licensee on a form prescribed by the Director of DCRA. If both the buyer and seller are licensees, each shall provide a receipt to the other party.

 

573A.11 An unlicensed person may sell tickets to a license holder who is operating in a TRZ in accordance with this chapter.

 

573A.12 Subject to the hearing provisions of§ 573A.13, the Director of DCRA may summarily suspend the Vending Site Permit of a person who violates §§ 573A.9 or 573A.10, and may further determine, in his or her reasonable discretion after providing notice to the person and an opportunity to be heard, that the person whose Vending Site Permit has been suspended shall for up to two (2) years be ineligible for a Vending Site Permit or any similar successor license or permit.

 

573A.13 A licensee may appeal a suspension of a Vending Site Permit pursuant to § 573A.12 by:

 

(a) Requesting a review from the Director of DCRA or his or her designate, which shall be provided within three (3) business days of receipt of a hearing request. The licensee may appeal any decision reached by DCRA in the review to the Office of Administrative Hearings; or

 

(b) Requesting a hearing with the Office of Administrative Hearings, which shall be provided within three (3) business days of receipt of a hearing request.

 

573A.14 This section shall expire 90 days after the effective date of the Vending Regulations Amendment Act of 2015, passed on 2nd reading on December 15, 2015 (Enrolled version of Bill 21-113).

 

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; Vending Regulations Amendment Act of 2015, effective March 9, 2016 (D.C. Law 21-0079; 63 DCR 762 (January 22, 2016)).

source

Final Rulemaking published at 60 DCR 13055 (September 20, 2013); as amended by the Vending Regulations Amendment Act of 2015, effective March 9, 2016 (D.C. Law 21-0079; 63 DCR 762 (January 22, 2016)).