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DEPARTMENT OF CONSUMER AND REGULATORY AFFAIRS
NOTICE OF EMERGENCY RULEMAKING
The Director of the Department of Consumer and Regulatory Affairs, pursuant to the authority under the Fresh Healthy Mobile Cart Vending Pilot in Underserved Areas Temporary Amendment Act of 2012, effective April 29, 2012 (D.C. Act 19-347; 59 DCR 4073); the Vending Regulation Act of 2009, effective October 22, 2009 (D.C. Law 18-71; D. C. Official Code § 37-131.01 et seq. (2001 and 2012 Supp.)); and Mayor’s Order 2010-91, dated May 27, 2010, hereby gives notice of the adoption, on an emergency basis, of the following amendments to chapter 5 (Vendors) of title 24 (Public Space and Safety) of the District of Columbia Municipal Regulations.
This emergency rulemaking is necessary to implement the Fresh Healthy Mobile Cart Vending Pilot in Underserved Areas Temporary Amendment Act of 2012, effective April 29, 2012 (D.C. Act 19-347; 59 DCR 4073) by establishing the vending business licensing, vending site permitting, sidewalk vending locations, and assignment of sidewalk vending locations for the implementation of the healthy mobile cart vending pilot program in underserved areas, as designated by the Small Business Administration’s Historically Underutilized Business zones (15 U.S.C. § 632(p)(1)).
The pilot program will be administered by the Department of Health, through a federal grant that must be spent in calendar year 2012. The program is modeled after New York City’s successful Green Cart program and would fund up to ten (10) mobile cart fresh fruit and vegetable vendors operating at no more than fifteen (15) sidewalk vending locations in public space in low-income areas that traditionally lack access to healthy foods.
This emergency rulemaking was adopted on November 7, 2012, and will remain in effect for up to one hundred twenty (120) days), expiring on March 7, 2013.
Chapter 5 (Vendors) of Title 24 (Public Space and Safety) of the District of Columbia Municipal Regulations is amended as follows:
A new Subchapter B – Fresh Healthy Mobile Cart Vending Pilot Program is added to read as follows:
SUBCHAPTER B FRESH HEALTHY MOBILE CART VENDING PILOT PROGRAM
530 PURPOSE
531 GENERAL LICENSURE REQUIREMENTS
532 VENDING BUSINESS LICENSE: APPLICATION AND FEES
533 VENDING BUSINESS LICENSE: ISSUANCE
534 VENDING BUSINESS LICENSE: EXPIRATION
535 VENDING BUSINESS LICENSE: DENIAL, SUSPENSION, REVOCATION, AND SEIZURE
536 VENDING SITE PERMIT: GENERAL REQUIREMENTS AND FEES
537 VENDING SITE PERMIT: APPLICATION
538 VENDING SITE PERMIT: ISSUANCE
539 VENDING SITE PERMIT: EXPIRATION
540 VENDING SITE PERMIT: DENIAL, SUSPENSION, REVOCATION, AND SEIZURE
541 HEALTH INSPECTION CERTIFICATE: GENERAL
542 HEALTH INSPECTION CERTIFICATE: APPLICATION
543 HEALTH INSPECTION CERTIFICATE: ISSUANCE
544 HEALTH INSPECTION CERTIFICATE: SUSPENSION
545 FOOD PROTECTION MANAGER CERTIFICATE
546 VENDING LOCATIONS: GENERAL
547 VENDING LOCATIONS: SIDEWALK VENDING
548 VENDING LOCATIONS: PILOT PROGRAM VENDING ZONES
549 ASSIGNMENT OF SIDEWALK VENDING LOCATIONS
550 TEMPORARY RELOCATION OF VENDORS
551 DESIGN STANDARDS: GENERAL
552 DESIGN STANDARDS: VENDING CARTS
553 DESIGN STANDARDS: FOOD VENDING CARTS AND VEHICLES
554 DESIGN STANDARDS: ADVERTISING
555 OPERATIONAL STANDARDS: GENERAL
556 OPERATIONAL STANDARDS: AUTHORIZED HOURS OF OPERATIONS
557 OPERATIONAL STANDARDS: PLACEMENT OF VENDING VEHICLES, VENDING CARTS, AND VENDING STANDS
558 OPERATIONAL STANDARDS: PLACEMENT OF EQUIPMENT AND RELATED ITEMS
559 OPERATIONAL STANDARDS: FOOD PREPARATION AND HANDLING
560 OPERATIONAL STANDARDS: USE OF AMPLIFICATION SYSTEMS
561 INSPECTIONS: FOOD PREPARATION AND HANDLING
562 INSPECTIONS: DESIGN STANDARDS
563 MAINTENANCE STANDARDS
564 DISPLAY OF LICENSES, PERMITS, AND CERTIFICATES
565 EMPLOYEES OF LICENSED VENDORS
566 LITTERING AND CUSTOMER LINES
567 DISPLAY OF SAMPLE ITEMS
568 PURCHASE OR RECEIPT OF STOCK
569 REQUIREMENT TO UPDATE INFORMATION
570 SPECIAL EVENTS
571 PENALTIES
572 SEVERABILITY
573 DEFINITIONS
SUBCHAPTER B – FRESH HEALTHY MOBILE CART VENDING PILOT PROGRAM
530 PURPOSE
530.1 The provisions of this subchapter are issued pursuant to the authority under the Fresh Healthy Mobile Cart Vending Pilot in Underserved Areas Temporary Amendment Act of 2012, effective April 29, 2012 (D.C. Act 19-347; 59 DCR 4073); the Vending Regulation Act of 2009, effective October 22, 2009 (D.C. Law 18-71; D. C. Official Code § 37-131.01 et seq. (2001 and 2012 Supp.)); and Mayor’s Order 2010-91, dated May 27, 2010.
530.2 This subchapter shall implement the Fresh Healthy Mobile Cart Vending Pilot Program in Underserved Areas by establishing the pilot program’s requirements for vending business licensing, vending site permits, designation of sidewalk vending locations, and the assignment of sidewalk vending locations, as well as to address related health, traffic, and safety concerns of the District and its citizens.
530.3 This subchapter applies solely and exclusively to the Fresh Healthy Mobile Cart Vending Pilot Program in Underserved Areas.
531 GENERAL LICENSURE REQUIREMENTS
(a) Basic business license for vending (Vending Business License) issued by the Director;
(b) Vending Site Permit assigned pursuant to § 536;
(c) Health inspection certificate issued by the DOH Director, if the person vends food;
(d) Food Protection Manager Certificate issued by the Conference of Food Protection Standards for Accreditation of Food Protection Manager Certification Programs and a DOH-issued certified Food Protection Manager Identification Card, if the person vends food, provided, that a vendor may employ a person who holds a valid food protection manager certificate and a DOH-issued certified food protection manager identification card.
531.2 The licenses and permits required under § 531.1 shall be subject to any conditions imposed by the District agency issuing or assigning the license, permit, or certificate.
531.3 A Vending Business License is issued only to the licensee and may not be sold, transferred, conveyed, or otherwise assigned to any other person.
531.4 A Vending Business License shall only be issued to a person who has successfully completed the DOH program of training and technical assistance, including all required workshops, as determined by the DOH Director.
532 VENDING BUSINESS LICENSE: APPLICATION AND FeeS
532.1 An applicant for a Vending Business License shall meet all applicable business licensing criteria, shall file an application with DCRA, and shall pay all applicable fees.
532.2 Application for a Vending Business License shall be made on a form prescribed by DCRA and shall include the following information:
(a) The name and address of the owner of the vending business;
(b) The class of Vending Business License being sought;
(c) A description of the type of food to be offered for sale;
(d) A description of the vending cart to be used;
(e) An indication of the Vending Locations the applicant wishes to occupy, in their order of preference;
(f) A Clean Hands Certification;
(g) A copy of the applicant’s certificate of registration, issued by the Office of Tax and Revenue, designating the applicant’s sales and use tax number;
(h) If the applicant is not a resident of the District of Columbia:
(1) The name and address of a registered agent upon whom service of process and other legal notices may be delivered; or
(2) A designation of the Mayor as the person who may accept service of process as well as other legal notices directed to the applicant;
(i) If the applicant is applying for a Class A license:
(1) A health inspection certificate issued by the DOH Director (application for which shall be made on a form prescribed by the DOH Director).
(j) Any additional information required by the Director or, for Class A licenses, by the DOH Director.
532.3 The Director shall not issue a Vending Business License if:
(a) The applicant’s Vending Business License has been revoked previously;
(b) The application for renewal of a Vending Business License has been denied under § 353; or
(c) The person either has been:
(1) Arrested, cited, or ticketed by MPD for vending without a license;
(2) Issued a notice of infraction by DCRA or DOH for vending without a license; or
(3) Arrested and convicted for a criminal offense committed while vending with a license.
532.4 An applicant whose license application is rejected pursuant to § 532.3 shall not be eligible to receive a Vending Business License until one (1) year after the date of the revocation, denial, arrest, ticket, or notice of infraction.
532.5 No person shall be eligible to be issued a Vending Business License unless the person is at least eighteen (18) years of age.
532.6 In addition to the application and endorsement fees for a basic business license, the fees charged for Vending Business Licenses shall be in the amounts listed in chapter 5 of title 17 of the District of Columbia Municipal Regulations.
533 VENDING BUSINESS LICENSE: ISSUANCE
533.1 The Vending Business License shall include the vendor’s name, the class of license, and the date of expiration.
534 VENDING BUSINESS LICENSE: EXPIRATION
534.1 Each Vending Business License shall be valid for the period designated on the license, unless the license is earlier revoked, suspended, or seized, or the Fresh Healthy Mobile Cart Vending Pilot Program in Underserved Areas is terminated by DOH.
534.2 Upon the expiration of a person’s Vending Business License, DCRA or the DOH Director may seize that person’s Vending Business License, Vending Site Permit, and health inspection certificate.
535 VENDING BUSINESS LICENSE: DENIAL, SUSPENSION, REVOCATION, AND SEIZURE
535.1 The Director may revoke or suspend a Vending Business License for any of the following reasons:
(a) Fraud, misrepresentation, or false statements contained in the license application;
(b) Fraud, misrepresentation, or false statements made in connection with the selling of any product or food;
(c) Violation of any District law or regulation governing the operation of the vending business, including, but not limited to:
(1) The possession or sale of counterfeit merchandise; or
(2) The offering for sale of illegal goods, substances, or services;
(d) The vendor is vending at a location other than the vendor’s assigned Vending Location;
(e) Violations of the Clean Hands Certification requirements; or
(f) Fraud committed against the District government, such as failure to pay required sales and use taxes, or attempting to transfer a Vending Business License or Vending Site Permit to another person.
535.2 The DCRA or DOH Director may summarily suspend a Vending Business License, without prior notice to the vendor or an opportunity to be heard, for:
(a) The possession, sale, or offering for sale of counterfeit merchandise;
(b) Failure to provide all required certificates of authority upon demand by an authorized District government official; or
(c) Any activity or condition that constitutes a threat to the public health or safety, including the health or safety of the vendor;
(d) The sale of adulterated food, as the term is defined in section 9901 of subtitle A of title 25 of the District of Columbia Municipal Regulations, when a determination is made by the DOH Director that the food is adulterated;
(e) Imminent health violation of the Food Code Regulations in Subtitle A of Title 25 of the DCMR; or
(f) The vendor is found to have violated the same infraction of the following sections of this subchapter six (6) or more times in a continuous twelve (12) month period:
(1) Section 559; or
(2) Sections 551 through 567.
535.3 Except for a summary suspension or seizure pursuant to § 535.2, any person whose Vending Business License is revoked or suspended under this section shall be provided notice of the Director’s intent to revoke or suspend the license and stating that they are entitled to appeal the revocation or suspension to the Office of Administrative Hearings.
535.4 If a person’s Vending Business License is summarily suspended pursuant to § 535.2, or if a person’s application for initial issuance or renewal of a license is denied, the person may appeal the summary suspension or denial to the Office of Administrative Hearings.
535.5 A notice issued by the 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) business days prior to the date of the hearing.
535.6 Upon revocation or suspension, including summary suspension, of a person’s Vending Business License, the Director may immediately seize the person’s Vending Business License and Vending Site Permit.
535.7 A vendor shall surrender his or her Vending Business License and Vending Site Permit promptly to the Director upon revocation or suspension, including summary suspension, of the person’s Vending Business License.
535.8 If a person’s Vending Business License is revoked or suspended (including summarily suspended) under this section, the Director shall provide notice of the revocation or suspension to the Office of Tax and Revenue, DDOT, MPD, and DOH.
536 VENDING SITE PERMIT: GENERAL REQUIREMENTS AND FEES
536.1 No person may vend from the public space in the District of Columbia without a Vending Site Permit issued by the Director pursuant to this subchapter.
536.2 A Vending Site Permit shall only be issued to a person who has successfully completed the DOH program of training and technical assistance, including all required workshops, as determined by the DOH Director.
536.3 The Vending Site Permit shall authorize the permittee to occupy a specific Vending Location for the purpose of vending.
536.4 A vendor may vend only at the assigned Vending Location as stated on his or her Vending Site Permit.
536.5 In addition to the authority in § 546.2, the Director, the DDOT Director, or MPD may eliminate a Vending Location without prior notice for public safety or transportation reasons, construction requirements, or Special Event operations.
536.6 The Director may revoke a Vending Site Permit and require the previously permitted vendor to vacate his or her Vending Location or relocate to another Vending Location pursuant to § 512.
536.7 The annual fee for a Vending Site Permit shall be one hundred dollars ($100).
537 VENDING SITE PERMIT: APPLICATION
537.1 A person shall submit an application for a Vending Site Permit to the Director with the person’s application for an initial Vending Business License.
537.2 The application for a Vending Site Permit shall be made on a form prescribed by the Director and shall include such information and documents as may be required by the Director.
538 VENDING SITE PERMIT: ISSUANCE
538.1 Upon the submission of a completed application, the Director shall issue a Vending Site Permit if:
(a) The applicant holds:
(1) A valid Vending Business License; or
(2) A current receipt for payment of all relevant Vending Business License fees;
(b) The applicant has applied for a Vending Site Permit for an available Vending Location;
(c) The applicant has been selected for the available Vending Location, as determined by the DOH Director;
(d) The food is authorized to be vended at the available Vending Location;
(e) The applicant provides proof of successful completion of the DOH program of training and technical assistance, including all required workshops, as determined by the DOH Director;
(f) The applicant provides a Clean Hands Certification; and
(g) The applicant has paid all the required fees.
538.2 No more than one (1) vendor may occupy an assigned Vending Location, unless the Director specifies on the Vending Site Permit that the Vending Location is subject to a shared site agreement between several vendors licensed under the Fresh Healthy Mobile Cart Vending Pilot Program in Underserved Areas.
538.3 The Vending Site Permit shall delineate the specific site, zone, dates and time of validity.
538.4 A Vending Site Permit is issued only to the permittee and may not be sold, transferred, conveyed, or otherwise assigned to any other person.
539 VENDING SITE PERMIT: EXPIRATION
539.1 A Vending Site Permit shall be issued for a term of one (1) year unless a shorter time period is designated in writing by the Director.
540 VENDING SITE PERMIT: DENIAL, SUSPENSION, REVOCATION, AND SEIZURE
(a) The Vending Location associated with the Vending Site Permit is not a location that is eligible for authorization as a Vending Location under this subchapter or any other applicable law or regulation;
(b) The DDOT Director 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 subchapter, including an attempt to transfer, convey, or sell the Vending Site Permit to another person.
540.2 In situations other than those enumerated in § 540.1, upon the suspension or revocation of a vendor’s Vending Site Permit, the Director shall provide the vendor with written notice 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 § 539.2.
540.3 A vendor shall promptly surrender his or her Vending Business License, pursuant to § 539.2, and Vending Site Permit to the Director upon revocation or suspension of the person’s Vending Site Permit.
540.4 If a vendor’s Vending Site Permit is summarily suspended or revoked by the Director under this section, the vendor may appeal the summary suspension or revocation to the Office of Administrative Hearings.
540.5 A notice issued by the 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.
540.6 A 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.
540.7 If 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.
540.8 If a person’s Vending Site Permit is revoked or suspended (including summarily suspended) under this section, the Director shall provide notice of the revocation or suspension to DDOT, MPD, and DOH.
541 HEALTH INSPECTION CERTIFICATE: GENERAL
541.1 No person shall vend food in the District unless DOH issued a valid health inspection certificate for the vending cart from which the food is vended, if required pursuant to the determination of the DOH Director.
541.2 A health inspection certificate shall be valid for six (6) months or until the time of the next inspection, whichever is earlier.
541.3 A person shall not be issued a Class A Vending Business License, or a Vending Site Permit for a Class A Vending Business License, until the person receives a health inspection certificate from DOH, if required pursuant to the determination of the DOH Director.
542 HEALTH INSPECTION CERTIFICATE: APPLICATION
542.1 A person shall apply for a health inspection certificate with the information and documents required by, and pursuant to the procedures of, the DOH Director.
543 HEALTH INSPECTION CERTIFICATE: ISSUANCE
543.1 The DOH Director shall review and either approve or disapprove an application for the issuance of a health inspection certificate.
543.2 A health inspection certificate shall not be granted until after:
(a) An inspection of the vending cart and all equipment and utensils used in the food vending operation;
(b) An inspection of the storage facilities for the cart, all equipment and utensils, and the food supplies;
(c) A review of the preparation and holding procedures for the food, including overnight refrigeration and overall compliance with the Food Code; and
(d) DOH has issued its approval of any plans for health-related compliance.
543.3 The DOH Director shall include the vehicle tag number of the vending vehicle or cart on the health inspection certificate.
543.4 The DOH Director may waive the issuance of a health inspection certificate if the DOH Director finds the type of vending or food products to be sold do not require a health inspection certificate.
544 HEALTH INSPECTION CERTIFICATE: SUSPENSION
544.1 A health inspection certificate, and the associated Class A Vending Business License, may be summarily suspended by the DOH Director for Food Code violations pursuant to section 4409 of subtitle A of title 25 of the District of Columbia Municipal Regulations.
544.2 If a person’s health inspection certificate is revoked or suspended (including summarily suspended) under this section, the DOH Director shall provide notice of the revocation or suspension to DCRA, DDOT, and MPD.
545 FOOD PROTECTION MANAGER CERTIFICATE
545.1 No person shall operate a Class A vending business unless that person, or an individual employed by that person, holds a valid Food Protection Manager Certificate issued by the Conference of Food Protection Standards for Accreditation of Food Protection Manager Certification Programs and a DOH-issued certified Food Protection Manager Identification Card
545.2 Application for a certified food manager identification card shall be made to DOH on forms and in the manner prescribed by the DOH Director.
546 VENDING LOCATIONS: GENERAL
546.1 The DDOT Director shall approve Vending Locations that meet the standards for locations on sidewalks where vending may be permitted pursuant to § 547 and § 548.
546.2 The DDOT Director may eliminate a previously designated Vending Location if:
(a) The DDOT Director determines that the designated Vending Location is no longer in compliance with District law or regulations;
(b) The DDOT Director determines that the operation of a vending business at the location constitutes a threat to the public safety; or
(c) The DDOT Director determines that the interests of the District or the public would be better served if the public space occupied by the Vending Location is designated for another use or for open space.
547 VENDING LOCATIONS: SIDEWALK VENDING
547.1 All sidewalk Vending Locations shall be in accordance with the following standards:
(a) No more than three (3) sidewalk Vending Locations shall be designated on any side of any city block;
(b) No sidewalk Vending Location shall be designated:
(1) In front of a predominately residential building;
(2) On the median strip of a divided roadway, unless the strip is intended for use as a pedestrian mall or plaza;
(3) Along the length of a Metrobus Stop Zone, a commuter bus zone, an intercity bus zone, or other curbside zone specifically designated and demarcated as being for transit use;
(4) In a location that is on or that impedes free access to service or ventilation grates or covers; or
(5) Within any area under the exclusive jurisdiction of the United States Park Police, the United States Capitol Police, or any other agency of the United States government;
(c) Sidewalk vending shall be prohibited on sidewalks unless:
(1) A seven foot (7 ft.) clear passageway is maintained; or
(2) The DDOT Director waives this restriction pursuant to § 547.2;
(d) No sidewalk Vending Location shall be designated within:
(1) Twenty feet (20 ft.) of the driveway entrance to a police or fire station;
(2) Ten feet (10 ft.) of any other driveway;
(3) Ten feet (10 ft.) of an alley;
(4) Ten feet (10 ft.) of another sidewalk Vending Location;
(5) Twenty feet (20 ft.) of the street-level entry to a Metrorail escalator;
(6) Ten (10 ft.) of the street-level door to a Metrorail elevator;
(7) A marked loading zone, entrance zone, or parking space designated for diplomatic parking, or other curbside location restricted for certain vehicles or uses;
(8) One hundred feet (100 ft.) of the entrance to a District or federal courthouse, or within such greater distance as may be designated by the DDOT Director upon the written request of the courthouse administrator;
(9) Five feet (5 ft.) of a fire hydrant;
(10) One hundred feet (100 ft.) of the main entrance to a building that is predominantly used for a primary or secondary school, unless operations at the Vending Location are restricted to non-school days and time periods on school days that begin at least thirty (30) minutes after school has been dismissed at the end of the school day. The DDOT Director may increase the minimum distance that a sidewalk Vending Location may be located from a specific school upon the written request of the Chancellor of the District of Columbia Public Schools or the principal of that school;
(11) Twelve feet (12 ft.) of any crosswalk when on the vehicle approach side of the Vending Location and crosswalk; or
(12) Five feet (5 ft.) from any crosswalk when not on the vehicle approach side of the Vending Location and crosswalk.
547.2 Upon the request of the Director, the DDOT Director may waive the minimum passageway requirement of § 547.1(c) if the DDOT Director determines there will not be an adverse impact on, among other things, pedestrian circulation and public safety. The Director shall note on the Vending Site Permit the issuance of the waiver by the DDOT Director.
547.3 The passageway required by § 547.1(c) shall be measured from the closest allowable projection of the vending cart or stand to the nearest building, private property line, or interruption of the public space by a public amenity or fixture, whichever is nearest.
548 VENDING LOCATIONS: PILOT PROGRAM VENDING ZONES
548.1 The pilot program vending zones shall consist of the following streets:
(a) Ward 8:
(1) Anacostia Metro Station between Howard Road, SE, and Martin Luther King, Jr. Avenue, SE;
(2) Congress Heights Metro Station between Congress Street, SE, and Alabama Avenue, SE;
(3) Martin Luther King, Jr. Avenue, SE, at the intersection with Malcolm X Boulevard, SE;
(4) Mississippi Avenue, SE, at the intersection with Southern Avenue, SE;
(5) Good Hope Road, SE, at the intersection with 16th Street, SE;
(6) Naylor Road, SE, at the intersection with 25th Street, SE, and Good Hope Road, SE;
(7) Alabama Avenue, SE, at the intersection with 23rd Street, SE; and
(8) Stanton Road, SE between X St and Y St or Mississippi Avenue, SE, at the intersection with Wheeler Road, SE.
(b) Ward 7:
(1) Benning Road Metro Station between 45th Street, NE, Benning Road, NE, and East Capitol Street, NE;
(2) Minnesota Avenue Metro Station between Minnesota Avenue, NE, and Grant Street, NE; and
(3) Deanwood Metro Station between Minnesota Avenue, NE, and 48th Street, NE.
(c) Ward 6:
(1) Navy Yard Metro Station between South Capitol Street SE, and M Street, SE; and
(2) H Street, NE, at the intersection with 8th Street, NE.
(d) Ward 5:
(1) Fort Totten Metro Station between South Dakota Avenue, NE, and Riggs Road, NE;
(2) Stadium-Armory Metro Station at the intersection of 19th Street, SE, and C Street, SE; and
(3) Rhode Island Avenue Metro Station between Brentwood Road, NE, and 10th Street, NE.
548.2 No more than fifteen (15) Vending Locations shall be used by vendors licensed under this subchapter at any one time.
549 ASSIGNMENT OF SIDEWALK VENDING LOCATIONS
549.1 Sidewalk Vending Locations shall be assigned to licensed sidewalk vendors through a selection process conducted by DOH, and pursuant to completion of the DOH program of training and technical assistance, and licensing by the Department.
549.2 No vendor or person shall be assigned a sidewalk Vending Location unless the vendor holds a Vending Business License, or the person holds a current receipt for payment of Vending Business License fees for sidewalk vending.
549.3 No more than one (1) vendor may occupy an assigned Vending Location, unless the Director specifies on the Vending Site Permit that the Vending Location is subject to a shared site agreement between several licensed vendors.
549.4 No Vending Site Permit shall be distributed until full payment is received from the vendor or person.
549.5 A vendor shall have thirty-five (35) calendar days from the billing date to remit payment for the sidewalk Vending Locations the vendor has won. Failure to remit payment shall allow the Director to rescind the Vending Site Permit offer.
550 TEMPORARY RELOCATION OF VENDORS
550.1 The Director, the DDOT Director, or MPD may order the temporary relocation of a vendor from the vendor’s permitted Vending Location in construction areas, for special events or transportation requirements, or other situations where the Vending Location is either unavailable or creates a threat to the public health, safety, or welfare.
550.2 Any temporary relocation shall last only until such time as the original Vending Location is determined by the Director, the DDOT Director, or MPD to be useable again.
550.3 A vendor subject to a temporary relocation shall be relocated by the Director to the closest available location that is deemed allowable for vending.
550.4 In any situation where a temporary relocation will be for at least twenty-one (21) calendar days, the Director shall issue the affected vendor a new Vending Site Permit for the new Vending Location.
551 DESIGN STANDARDS: GENERAL
551.1 In consultation with the DOH Director, the Director may develop design standards for vending carts in addition to those set forth in this subchapter.
552 DESIGN STANDARDS: VENDING CARTS
552.1 No vending cart, including any display on or attachments to the cart allowed by this section, shall exceed the following dimensions unless specified by the Director on the Vending Site Permit:
(a) Five feet (5 ft.) in width;
(b) Eight feet (8 ft.) in length; and
(c) Eight feet six inches (8 ft. 6 in.) in height, measured from the bottom of the tire.
552.2 A vending cart shall be covered by either:
(a) One (1) umbrella, which shall not exceed nine feet (9 ft.) in diameter nor extend more than four and one half feet (4.5 ft.) in any direction from the body of the cart; or
(b) One (1) canopy which shall not overhang more than six inches (6 in.) in any direction from the body of the cart.
552.3 Any umbrella or canopy used to cover a vending cart:
(a) Shall be made of water-resistant canvas with wood or metal frames; and
(b) Shall not contain any advertising other than advertising allowed under § 554.
552.4 No food or merchandise shall be hung or otherwise displayed from back of the vending cart.
552.6 All food, merchandise, and equipment, other than food or merchandise hung or displayed on the front of the vending cart, shall be contained within or beneath the body of the vending cart; provided, that up to two (2) coolers or containers with food may be placed immediately adjacent to the vending cart, at least four inches (4 in.) off the ground, and in compliance with DOH food storage regulations; provided further, that the total size of the coolers or containers taken together shall not exceed the length of the cart (eight feet (8 ft.)).
552.7 The cart shall be placed on one (1) or more wheels; provided, that:
(a) The wheels shall not exceed two feet eight inches (2 ft. 8 in.) in diameter;
(b) The wheels shall be a wood or metal frame with rubber trim for tires; and
(c) The cart may include stabilizing legs in addition to the wheel or wheels.
552.8 The vending cart shall be equipped with a chock to be used to prevent the cart from rolling or moving.
553 DESIGN STANDARDS: FOOD VENDING CARTS AND VEHICLES
553.1 All vending vehicles and vending carts that vend food shall be inspected and approved by the DOH Director as being of a design which is approved by, or is equivalent to a design approved by the National Sanitation Foundation. All equipment used in the vehicle or cart for the vending of food shall be inspected and approved by the DOH Director as being of commercial grade and in compliance with National Sanitation Foundation standards or the equivalent.
553.2 All vending vehicles and vending carts that vend food shall be designed and operated in accordance with all relevant food safety laws and may be required to include:
(a) A fresh water tank with at least a five gallon (5 gal.) capacity or more;
(b) A waste water tank with a capacity fifteen percent (15%) or larger than the required fresh water tank;
(c) A three (3) compartment sink with hot and cold running water;
(d) A separate hand washing sink with mixing faucet;
(e) Walls, ceiling, and floors that are smooth and easily cleanable;
(f) Natural or electrical lighting to provide a minimum of fifty (50) candles of light on work surfaces;
(g) A generator-powered refrigerator that will maintain stored foods at forty-one degrees Fahrenheit (41° F) or below and that has sufficient holding capacity for one (1) day of operation;
(h) A generator-powered freezer that will hold stored foods at zero degrees Fahrenheit (0° F) or below and that has sufficient holding capacity for one (1) day of operation; and
(i) Adequate ventilation.
554 DESIGN STANDARDS: ADVERTISING
554.1 No advertising, other than the name of the vending business, the name and logo of the District-funded pilot project, any food (including the price thereof) sold as part of the vending business, and signage on the acceptance of forms of payment, shall be placed on a vending or cart, including any canopy or umbrella.
554.2 Advertising of any food (including the price thereof) sold as part of the vending business may be placed only on the front side of a vending cart and shall not be placed on an umbrella or canopy or on the back or side (street side) of any vending cart.
554.3 Advertising of the name of the vending business may be placed on the canopy, umbrella, or along the lower half of the front, side, or back of a vending cart.
555 OPERATIONAL STANDARDS: GENERAL
555.1 A vendor shall comply with all District and federal laws and regulations applicable to the operation of a vending business.
555.2 No vendor shall vend in public space:
(a) After the expiration of the Vending Business License, Vending Site Permit, or any other license, permit, certificate, or authorization required for the lawful operation of the vendor’s vending business; or
(b) During any period when the vendor’s Vending Business License, Vending Site Permit, or any other license, permit, certificate, or authorization required for the lawful operation of the vendor’s vending business has been suspended or revoked.
555.3 A vendor shall, at all times, obey posted traffic and parking signs.
556 OPERATIONAL STANDARDS: AUTHORIZED HOURS OF OPERATIONS
556.1 Vendors may operate only during the following hours:
(a) Sunday through Thursday, from 5:00 a.m. to 10:00 p.m.; and
(b) Friday and Saturday from 5:00 a.m. to 1:00 a.m. the next day; provided, that vendors operating in residential zones, as specified in the District of Columbia Zoning Regulations, shall not vend past 10:00 p.m. on any night of the week.
557 OPERATIONAL STANDARDS: PLACEMENT OF VENDING VEHICLES, VENDING CARTS, AND VENDING STANDS
557.1 No vendor shall vend in a location that is not a Vending Location assigned to the vendor by the Director.
557.2 A vendor shall place his or her vending cart parallel to the curb, with the longest side of the vending cart parallel to the curb and located two feet (2 ft.) from the curb face, unless otherwise specified by the Director on the Vending Site Permit.
557.3 No vendor shall vend upon, or impede free access to, service and ventilation grates and covers or in any location that would not be an authorized Vending Location under § 547.1, unless specifically authorized by the Director or the DDOT Director.
557.4 No vendor shall drive a vehicle onto or over a curb with the purpose of dropping off or picking up a vendor cart for towing.
557.5 No vendor shall place his or her vending cart in such a manner that it impedes passage of pedestrians along the sidewalks.
558 OPERATIONAL STANDARDS: PLACEMENT OF EQUIPMENT AND RELATED ITEMS
558.1 All surplus food, equipment, and other items related to the operation of a vending cart shall be kept either in or under the vending cart.
558.2 No food, equipment, or other items related to the operation of a vending cart shall be stored or placed upon any public space adjacent to the vending cart.
558.3 No vendor shall place any vending equipment or related items upon, or in a place or manner impeding free access to, service and ventilation grates and covers in accordance with § 557.3.
558.4 No food, equipment or other items related to the operation of a vending cart shall be stored or otherwise kept on the public space beyond the hours of operation of the vending business.
559 OPERATIONAL STANDARDS: FOOD PREPARATION AND HANDLING
559.1 All preparation, handling, transportation, and storage of food vended under this chapter shall be in compliance with:
(a) An Act Relating to the adulteration of foods and drugs in the District of Columbia, approved February 17, 1898 (30 Stat. 246; D.C. Official Code §§ 48-101 et seq. (2009 Repl. & 2011 Supp.));
(b) Title 25 of the District of Columbia Municipal Regulations;
(c) Any other applicable law or regulation related to the preparation, handling, transportation, or storage of food;
(e) Requirements of, and conditions imposed by, the health inspection certificate, including any plans or standards approved or imposed as part of the issuance of the health inspection certificate; and
(d) Any applicable standards established by DOH.
559.2 No food vending equipment shall be used for purposes other than those authorized by the DOH Director.
559.3 No food may be vended from a vending cart unless there is a person who holds a valid food protection manager certificate and a DOH-issued certified food protection manager identification card on site at the time of the preparation, handling, and sale of the food, if required pursuant to the determination of the DOH Director.
560 OPERATIONAL STANDARDS: USE OF AMPLIFICATION SYSTEMS
560.1 No vendor shall operate a loud speaker or sound amplifier, or play a radio, drum, or other musical instrument as a means of advertising in such a manner as to create a noise disturbance, as that term is defined in section 2799 of Title 20 of the District of Columbia Municipal Regulations.
560.2 Activities open to the public and provided for in section 2805.2 of Title 20 of the District of Columbia Municipal Regulations are exempt from the limitations set forth in this section.
561 INSPECTIONS: FOOD PREPARATION AND HANDLING
561.1 The vendor’s food preparation, handling, transportation, and storage operations shall be subject to inspection at any time to verify compliance with applicable provisions of the Food Code and any conditions imposed by the health inspection certificate.
561.2 Each food vending business shall be inspected by the DOH Director at least once every six (6) months. Failure to pass an inspection shall be cause for summary suspension of the vendor’s Vending Business License and Vending Site Permit pursuant to §§ 535 and 540.
562 INSPECTIONS: DESIGN STANDARDS
562.1 A vendor’s vending cart shall be subject to inspection at any time by the Director to verify compliance with applicable design standards required by this subchapter.
562.2 Failure to comply with design standards for vending carts may be cause for the issuance of a civil infraction or the summary suspension or revocation of a Vending Site Permit.
563 MAINTENANCE STANDARDS
563.1 All vending carts, including canopies and umbrellas, shall be maintained in a safe, clean, and sanitary condition, and in good repair.
563.2 All vending carts, including canopies and umbrellas, shall be maintained so that the vending cart remains at all times in compliance with the standards of this subchapter.
564 DISPLAY OF LICENSES, PERMITS, AND CERTIFICATES
564.1 A vendor shall conspicuously display on the vendor’s vending cart his or her:
(a) Vending Business License;
(b) Vending Site Permit;
(c) Health inspection certificate;
(d) Food protection manager certificate;
(e) DCRA-issued vendor identification card; and
(f) DOH-issued certified food protection manager identification card.
564.2 The items required by § 564.1 shall be considered to be properly displayed when they are firmly attached to the vending cart are clearly visible to the public.
564.3 No person shall alter, mutilate, forge, or illegally display any license, permit, or other certificate of authority issued pursuant to this subchapter.
564.4 If a Vending Business License, Vending Site Permit, or health inspection certificate is displayed by a vendor or on a vending cart other than the vendor or vending cart for which the Vending Business License, Vending Site Permit, or health inspection certificate was issued, the Director or MPD may summarily impound or immobilize the vending cart on which the Vending Business License, Vending Site Permit, or health inspection certificate is unlawfully displayed.
564.5 If a summary impounding or immobilization occurs pursuant to § 564.4, the Director or MPD shall release the impounded or immobilized vending cart to the vendor upon the payment of a fine in an amount established by the Director.
564.6 Failure to display, or to provide to an authorized District government representative, any required certificates of authority may result in summary suspension of a vendor’s Vending Business License or Vending Site Permit and the impounding or immobilizing of the vending cart. The vendor’s license or site permit shall be returned to the licensee upon the proper display or providing of the required certificates of authority.
565 EMPLOYEES OF LICENSED VENDORS
565.1 No person shall work at a vending business unless the person is the licensed vendor of the vending business or is an employee or independent contractor of the vendor holding a valid Vendor Employee Identification Badge.
565.2 The employing vendor shall follow all applicable District and federal employment laws and regulations.
565.3 An employee or independent contractor of a vendor may operate the vendor’s Class A vending business without the vendor being present; provided, that the employee or independent contractor holds a valid Food Protection Manager Certificate and a DOH-issued certified food protection manager identification card.
565.4 No person may act as an employee or independent contractor of a vendor unless that person holds a valid Vendor Employee Identification Badge issued by the Director.
565.5 A person shall apply for a Vendor Employee Identification Badge by submitting an application to the Director, on a form prescribed by the Director, which shall include:
(a) The name, address, and telephone number of the person;
(b) The name and license number of the vendor for whom the person will act as an employee or independent contractor;
(c) The signature of the person;
(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 Director.
565.6 The Vendor Employee Identification Badge shall include the name of the employee or independent contractor of the vendor, a badge number, the name of the licensed vendor, and the Vending Business License number of the vendor.
565.7 An employee or independent contractor:
(a) Shall conspicuously wear his or her Vendor Employee Identification Badge when the employee or independent contractor is operating the vendor’s vending business; and
(b) Shall not represent any licensed vendor other than the vendor whose name appears on the employee’s or independent contractor’s Vendor Employee Identification Badge.
565.8 A 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.
566 LITTERING and CUStomer lines
566.1 Vendors shall keep sidewalks, roadways, and other public space adjoining and adjacent to their assigned Vending Location clean and free from paper, peelings, and refuse of any kind.
566.2 All vendors shall affix to their vending carts a container for litter that shall be maintained and emptied when full. Public trash receptacles shall not be used for compliance with this section.
566.3 A vendor shall ensure that waiting customers do not completely block the public sidewalk. A vendor shall comply with this subsection by asking customers, through verbal communication and signage on the vehicle, to not impede pedestrian access along the public sidewalks.
567 DISPLAY OF SAMPLE ITEMS
567.1 No vendor shall display any object (including signage) used as an example of food for sale or to advertise food for sale unless the object conforms to the type of food being sold by the vendor at that particular Vending Location.
568 PURCHASE OR RECEIPT OF STOCK
568.1 No vendor shall purchase any inventory stock from public space.
568.2 No vendor shall take delivery of any inventory stock in public space, with the exception of perishable food items for consumption and ice.
569 REQUIREMENT TO UPDATE INFORMATION
569.1 If, pursuant to the provisions of this subchapter, a vendor provided information to a District agency and that information changes, the vendor shall, within ten (10) business days after the change in information, provide updated information to the appropriate agency.
570 SPECIAL EVENTS
570.1 Persons who are authorized by the organizer of a licensed Special Event to vend within the boundaries of a licensed Special Event may vend without a Vending Business License or Vending Site Permit.
570.2 A vendor authorized to vend within the boundaries of a licensed Special Event area shall comply with all applicable laws and regulations regarding the registration of vendor’s business with the Office of Tax and Revenue and DCRA and shall comply with any standards imposed by DOH or other relevant agencies.
571 PENALTIES
571.1 A person violating any provision of this subchapter may be issued a civil infraction pursuant to chapter 33 of Title 16 of the District of Columbia Municipal Regulations.
571.2 A fine imposed under this section shall be imposed and adjudicated pursuant to titles I-III 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 §§ 2-1801.01, et seq. (2007 Repl. & 2011 Supp.)).
571.3 Any fines issued pursuant to this section may be in addition to the revocation or suspension of a vendor’s Vending Business License or Vending Site Permit.
572 SEVERABILITY
572.1 If any provision of this subchapter, or the application of any provision of this subchapter, is held invalid in any circumstance, the validity of the remainder of the provisions of this subchapter, and the application of any provision in any other circumstance, shall not be affected; and to this end, the provisions of this subchapter shall be severable.
573 DEFINITIONS
573.1 When used in this subchapter, the following terms and phrases shall have the meanings ascribed:
Clean Hands Certification – the certification required by the Clean Hands Before Receiving a License or Permit Act of 1996, effective May 11, 1996 (D.C. Law 11-118; D.C. Official Code §§ 47-2861, et seq. (2011 Supp.)).
Director – the Director of the Department of Consumer and Regulatory Affairs.
DCRA – the Department of Consumer and Regulatory Affairs.
DCRA Business Licensing Center – the Department of Consumer and Regulatory Affairs, 1100 Fourth Street, SW, Second Floor, Washington, D.C. 20024.
DDOT – the District Department of Transportation.
DDOT Director – the Director of the District Department of Transportation.
DOH – the Department of Health.
DOH Director – the Director of the District Department of Health.
Fixture – any District government-authorized furniture or equipment that is secured or permanently affixed to the public right-of-way or other public space.
Food – any raw, cooked, or processed edible substance, ice, beverage, or ingredient used or intended for use or for sale in whole or in part for human consumption, or chewing gum as defined in the Food Code.
Food Code Regulations – Subtitle A of Title 25 of the District of Columbia Municipal Regulations.
Food Protection Manager Certificate – the certificate issued by the Conference of Food Protection Standards for Accreditation of Food Protection Manager Certification Programs.
Food Protection Manager Identification Card – the identification card issued by DOH.
Metrobus Stop Zone – that area of the public roadway specifically designated for the exclusive use of Metrobus in loading and unloading passengers.
MPD – the Metropolitan Police Department.
MPD Chief – the Chief of the Metropolitan Police Department.
Person – any individual or business entity.
Pilot program – the program undertaken through the Fresh Healthy Mobile Cart Vending Pilot in Underserved Areas Temporary Amendment Act of 2012, effective April 29, 2012 (D.C. Act 19-347; 59 DCR 4073).
Public space – all publicly-owned property between property lines on a street, as such property lines are shown on the records of the District of Columbia, including any roadway, tree space, sidewalk, or parking area between property lines.
Registered agent – any person who maintains a residence or business address in the District of Columbia and is authorized by a vendor and agrees to accept service of process and legal notices on behalf of a vendor.
School day – the period from 9:00 a.m. to 3:00 p.m. on a regular instructional day during the school year of the District of Columbia Public Schools, as defined in section 305 of subtitle E of title 5 of the District of Columbia Municipal Regulations.
Sidewalk vendor – a vendor at a sidewalk Vending Location who engages in business while occupying a portion of the street other than that reserved for vehicular travel.
Special Event – an activity, such as shows and exhibits of any kind, conventions, parades, circuses, sporting events, fairs, and carnivals, held for a limited period at a designated location on private or public space and authorized by the Mayor, pursuant to D.C. Official Code § 47-2826 (2005 Repl.).
Vending business – a business venue for the vending of food, products, services, or merchandise and operated by a licensed vendor.
Vending Business License – the basic business license with a vending endorsement issued by the Department of Consumer and Regulatory Affairs.
Vending cart – a wheeled, non-motorized, self-contained apparatus designed to be pulled by a vehicle or pushed by hand, designed to be operated from a sidewalk Vending Location, and from which food, products, merchandise, or services are intended to be vended.
Vendor Employee Identification Badge – the badge issued by the Director of the Department of Consumer and Regulatory Affairs to a person employed by a licensed vendor pursuant to § 565.
Vending establishment – the actual structure that will constitute the means by which a vendor will offer goods or food for sale to the public, including vending vehicles, vending stands, and vending carts.
Vending Location – any of the locations in the public space identified by the Director of the District Department of Transportation as being suitable for vending.
Vending Site Permit – the permit issued by the Director of the Department of Consumer and Regulatory Affairs allowing for vending from the public space at a specified Vending Location.
Vendor – any person engaged in selling goods and services exclusively from the public space and for the immediate delivery upon purchase.
