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A RESOLUTION
21-40
IN THE COUNCIL OF THE DISTRICT OF COLUMBIA
March 3, 2015
To declare the existence of an emergency with respect to the need to amend the Vending Regulation Act of 2009 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 enacted the Vending Regulation Act of 2009, effective October 22, 2009 (D.C. Law 18-71; D.C. Official Code § 37-131.01 et seq.), 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, deemed disapproved on June 22, 2013 (PR20-125), was introduced in the Office of the Secretary to the Council by Chairman Mendelson at the request of the Mayor. The regulations in PR20-125 were adopted in part by the Council with the enactment of the Vending Regulation Emergency Amendment Act of 2013, effective June 19, 2013 (D.C. Act 20-84; 60 DCR 9534), and the subsequent enactment of the Vending Regulation Second Emergency Amendment 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 had final rules published in the District of Columbia Register.
(d) The rules proposed in March 2013 inadvertently removed provisions establishing criminal penalties for violations of the vending regulations.
(e) The Council enacted the Vending Regulations Temporary Amendment Act of 2014, effective August 8, 2014 (D.C. Law 20-131; 61 DCR 9138) (“2014 act”), which reinstated criminal penalties for vending violations until March 21, 2015. No legislation has addressed criminal penalties for vending violations other than the 2014 act.
(f) To permit complete enforcement of vending violations and prevent the disruption of lawful vending operations, it is necessary to adopt emergency legislation to maintain criminal penalty provisions for vending violations beyond the March 21 expiration of the 2014 act.
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.
