2023 District of Columbia Code › Title 37 - Weights, Measures, Markets, and Vending › Chapter 1A - Vending Regulation › § 37–131.08a. Sidewalk vending zones and licensing

§ 37–131.08a. Sidewalk vending zones and licensing.
(a) The Mayor may establish sidewalk vending zones through rulemaking. For each sidewalk vending zone, the Mayor shall:
(1) Establish vending locations, pursuant to an approved vending site plan submitted by a sidewalk vending zone manager; provided, that no vending cart, stand, or table shall be located within:
(A) 20 feet of a driveway entrance to a police or fire station;
(B) 10 feet of any other driveway;
(C) 10 feet of an alley;
(D) 20 feet of a street-level entry to a Metrorail escalator;
(E) 10 feet of a street-level door to a Metrorail elevator;
(F) A marked loading zone, entrance zone, or parking space designated for diplomatic parking, or other curbside location restricted for certain vehicles or uses;
(G) 10 feet of a fire hydrant or in-ground fire standpipe;
(H) 5 feet from a building's marked fire control room; or
(I) 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;
(2) Permit sidewalk vendors to alternate from one vending location to another within the same sidewalk vending zone, pursuant to an approved vending site plan submitted by a sidewalk vending zone manager;
(3) Require all sidewalk vendors to conspicuously display a basic business license and any other legally required permits or certificates; and
(4) Require all sidewalk vendors to vend from a temporary table or a vending cart that contains no motor or open fires, is able to be moved by hand, and is no more than 4 feet in width and 4 feet in length, unless the vendor vends food from a vending cart, in which case the vending cart shall not exceed 5 feet in width and 8 feet in length and 8 feet 6 inches in height from the bottom of the tire.
(b)(1) The following persons may submit a written request to the Mayor for the establishment of a sidewalk vending zone, the establishment of vending spaces within a proposed sidewalk vending zone, or the establishment of or changes to vending spaces within an existing sidewalk vending zone:
(A) An affected Advisory Neighborhood Commission;
(B) An organization incorporated under the laws of the District, the members of which are sidewalk vendors;
(C) A non-profit incorporated under the laws of the District that provides services or technical assistance to sidewalk vendors;
(D) A citizens association incorporated under the laws of the District located within the affected area; or
(E) A Business Improvement District within the affected area. For purposes of this paragraph, the term "Business Improvement District" shall have the same meaning as set forth in § 2-1215.02(7).
(2) The Mayor shall solicit community input and respond in writing to a request made pursuant to paragraph (1) of this subsection within 60 days of its receipt. If the request is denied, the written response shall provide an explanation for the decision.
(c)(1) A sidewalk vending zone shall be supervised by a sidewalk vending zone manager.
(2) For a sidewalk vending zone authorized by this section, and for the Columbia Heights-Mount Pleasant Sidewalk Vending Zone established by § 37-131.08b, the Mayor, by and through the Department of Licensing and Consumer Protection, shall contract with a non-profit organization for a sidewalk vending zone manager. The organization shall meet the following requirements:
(A) The organization has an active business license;
(B) The organization has demonstrated knowledge of and expertise in vending regulations;
(C) The organization has demonstrated knowledge of and expertise in food safety regulations;
(D) The organization provides proof of a general liability insurance policy in an amount and kind as determined by the Mayor; and
(E) The organization provides proof that it has the resources necessary to supply translation services to sidewalk vendors, as needed.
(3) The Mayor shall give preference to organizations that have a demonstrated history of working with, or providing services and technical assistance to, sidewalk vendors.
(d)(1) A sidewalk vending zone manager shall:
(A) Submit a vending site plan to the Department of Licensing and Consumer Protection;
(B) Provide accurate contact information of any onsite personnel to each vendor in a sidewalk vending zone;
(C) Develop and maintain policies and procedures to respond to and mediate disputes between sidewalk vendors in a sidewalk vending zone, which shall be written and shall be provided to each vendor in a sidewalk vending zone in his or her preferred language;
(D) Maintain an accurate list of sidewalk vendors operating within a sidewalk vending zone, including contact information and basic information on items being sold by each sidewalk vendor;
(E) Maintain a daily log of supervision activity, including information on technical assistance provided to sidewalk vendors, mediations conducted, and corrective actions taken to ensure sidewalk vendors are in compliance with the law and regulations;
(F) Provide technical support to sidewalk vendors in a sidewalk vending zone, as needed;
(G) Take all necessary and reasonable actions to ensure that a sidewalk vendor is compliant with all health laws and regulations; and
(H) Successfully pass an accredited Food Protection Manager Certification Program.
(2)(A) A vending site plan submitted pursuant to paragraph (1)(A) of this subsection shall contain a diagram of all sidewalk vending locations within the sidewalk vending zone. The diagram shall include the full name and license number of each vendor, as well as the approximate dimensions of any cart, stand or table used by each vendor.
(B) The Department shall approve or request modifications to a vending site plan within 7 business days of receipt. The Department shall only request modifications to a vending site plan when the plan conflicts with this chapter or presents an immediate and significant hazard to pedestrians, cyclists, or vehicular traffic.
(C) A request for modifications shall be made in writing to the sidewalk vending zone manager and shall include the justification for the denial or requested modifications. The Department shall respond to any proposed modifications within 7 business days of receipt.
(D) Any changes to a vending site plan must be approved by the Department before they may be implemented.
(3)(A) The list maintained pursuant to paragraph (1)(D) of this subsection shall include the full name, license number, business address of each sidewalk vendor, and a diagram of the vending location.
(B) Any change of information shall be provided to the Department within 24 hours of that change.
(4) Any documentation required pursuant to paragraph (1) of this subsection shall be made available to the Mayor timely upon request.
(Oct. 22, 2009, D.C. Law 18-71, § 9a; as added July 1, 2023, D.C. Law 25-21, § 3(f), 70 DCR 6762.)
Applicability
Section 7098 of D.C. Law 25-50 repealed section 5 of D.C. Law 25-21 removing the applicability provision impacting this section. Therefore the creation of this section by section 3(f) of Law 25-21 has been implemented.
Applicability of D.C. Law 25-21: § 5 of D.C. Law 25-21 provided that the creation of this section by § 3(f) of D.C. Law 25-21 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.