-
A RESOLUTION
21-338
IN THE COUNCIL OF THE DISTRICT OF COLUMBIA
December 15, 2015
To declare the existence of an emergency with respect to the need to amend the Vending Regulation Act of 2009 to clarify that the Mayor may establish exemptions from licensure requirements, and to maintain criminal penalties for a violation of the act or a vending regulation.
RESOLVED, BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this resolution may be cited as the “Vending Regulations Emergency Declaration Resolution of 2015”.
Sec. 2. (a) In 2009, the Council passed the Vending Regulation Act of 2009, effective October 22, 2009 (D.C. Law 18-71; D.C. Official Code § 37-131.01 et seq.) (“Act”), which authorized the Mayor to regulate vending in the District and required any proposed rules to be submitted to the Council for review and approval.
(b) On March 8, 2013, the Vending Business License Regulation Resolution of 2013 was introduced in the Office to the Secretary by Chairman Mendelson at the request of the Mayor (“PR 20-125”). PR 20-125 was deemed disapproved. The regulations were adopted in part by the Council with the passage of the Vending Regulation Emergency Amendment Act of 2013, effective June 19, 2013 (D.C. Act 20-84; 60 DCR 9534), and the subsequent passage of the Vending Regulation Emergency Approval Act of 2013, effective June 20, 2013 (D.C. Act 20-90; 60 DCR 9551).
(c) On September 20, 2013, the Office of the City Administrator published final rules in the District of Columbia Register (60 DCR 13055).
(d) PR20-125 inadvertently removed provisions establishing criminal penalties for violations of the vending regulations.
(e) In an effort to reinstate those criminal penalties, 2 versions of emergency and temporary legislation were introduced. The first addressed the criminal penalties in the District of Columbia Official Code and is set to expire on January 11, 2016, and the second addressed the prohibition on ticket scalping in the District’s Municipal Regulations and is set to expire on December 11, 2015.
(f) Permanent legislation, the Vending Regulations Amendment Act of 2015, passed on 1st reading on December 1, 2015 (Engrossed version of Bill 21-113), must complete the legislative process. While the permanent version goes through final reading and the congressional review process, another emergency is necessary.
(g) To permit complete enforcement of vending violations occurring in the District of Columbia and avoid disruption of proper vending operations, it is necessary to adopt emergency legislation to maintain the criminal penalty provisions for violations of the Act or vending regulations.
Sec. 3. The Council of the District of Columbia determines that the circumstances enumerated in section 2 constitute emergency circumstances making it necessary that the Vending Regulations Emergency Amendment Act of 2015 be adopted after a single reading.
Sec. 4. This resolution shall take effect immediately.
