8 | | - | AN ACT |
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9 | | - | |
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10 | | - | ___________ |
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11 | | - | |
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12 | | - | IN THE COUNCIL OF THE DISTRICT OF COLUMBIA |
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13 | | - | |
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14 | | - | ___________________ |
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15 | | - | |
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16 | | - | |
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17 | | - | To amend the Department of Health Functions Clarification Act of 2001 to create a permit for |
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18 | | - | microenterprise home kitchen businesses in the District, to allow businesses otherwise |
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19 | | - | eligible to be a vendor to apply for a microenterprise home kitchen permit, to limit the |
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20 | | - | requirements the Department of Health can impose for a micro enterprise home kitchen |
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21 | | - | permit; to amend the Vending Regulation Act of 2009 to provide for new definitions, to |
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22 | | - | establish hours of operation for vendors, to prohibit criminal background checks for |
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23 | | - | vendors, to establish food cart design standards and processes for approved food cart |
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24 | | - | design approval by the Department of Health, to provide for locations at which food |
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25 | | - | vending carts may be serviced and stored, to establish fees for a business license, site |
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26 | | - | permit, and certain vending lotteries; to remove criminal penalties for a violation of the |
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27 | | - | act or vending regulations and require a revised schedule of penalties , to provide civil |
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28 | | - | enforcement officers the authority to request reasonable identification for individuals who |
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29 | | - | vend without a license, to allow the Mayor to establish sidewalk vending zones and to |
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30 | | - | prescribe specific requirements for sidewalk vending zones, to establish specific |
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31 | | - | requirements for sidewalk vending zone managers and to require the Mayor to issue a |
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32 | | - | request for proposals for any sidewalk vending zone manager, to establish the Columbia |
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33 | | - | Heights-Mount Pleasant Sidewalk Vending Zone and to require the Mayor to issue a |
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34 | | - | request for proposals and execute a contract within a specific period of time for a |
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35 | | - | sidewalk vending zone manager within the Columbia Heights-Mount Pleasant Sidewalk |
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36 | | - | Vending Zone, to establish an amnesty program for street vendors that will waive |
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37 | | - | delinquent debts incurred by vendors, and to require the May or to commission a study to |
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38 | | - | identify spaces, locations and improvements that can be made to better accommodate |
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39 | | - | vending activity within or near the Columbia Heights-Mount Pleasant Sidewalk Vending |
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40 | | - | Zone; and to amend section 47-2002.01 of the D.C. Official Code to authorize the Chief |
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41 | | - | Financial Officer to provide amnesty for street vendors liable for delinquent minimum |
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42 | | - | sales tax payments in coordination with the Department of Licensing and Consumer |
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43 | | - | Protection. |
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44 | | - | |
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45 | | - | BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this |
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46 | | - | act may be cited as the “Street Vendor Advancement Amendment Act of 2023”. ENROLLED ORIGINAL |
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| 8 | + | A BILL 1 |
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| 9 | + | 2 |
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| 10 | + | 25-68 3 |
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| 11 | + | 4 |
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| 12 | + | IN THE COUNCIL OF THE DISTRICT OF COLUMBIA 5 |
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| 13 | + | 6 |
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| 14 | + | 7 |
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| 15 | + | 8 |
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| 16 | + | To amend the Department of Health Functions Clarification Act of 2001 to revise the definition 9 |
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| 17 | + | of cottage food products and amend packaging and labeling requirements for food 10 |
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| 18 | + | produced by cottage food businesses; to amend the Vending Regulation Act of 2009 to 11 |
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| 19 | + | provide for new definitions; to establish hours of operation for vendors; to prohibit 12 |
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| 20 | + | criminal background checks for vendors; to establish food cart design standards and 13 |
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| 21 | + | processes for approved food cart design approval by the Department of Health; to provide 14 |
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| 22 | + | for locations at which food vending carts may be serviced and stored; to establish fees for 15 |
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| 23 | + | a business license, site permit, and certain vending lotteries; to remove criminal penalties 16 |
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| 24 | + | for a violation of the act or vending regulations and require a revised schedule of 17 |
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| 25 | + | penalties; to provide civil enforcement officers the authority to request reasonable 18 |
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| 26 | + | identification for individuals who vend without a license; to allow the Mayor to establish 19 |
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| 27 | + | Sidewalk Vending Zones and to prescribe specific requirements for sidewalk vending 20 |
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| 28 | + | zones; to establish specific requirements for sidewalk vending zone managers and to 21 |
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| 29 | + | require the Mayor to issue a request for proposals for any sidewalk vending zone 22 |
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| 30 | + | manager; to establish the Columbia Heights-Mount Pleasant Sidewalk Vending Zone and 23 |
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| 31 | + | require the Mayor to issue a request for proposals and execute a contract within a specific 24 |
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| 32 | + | period of time for a sidewalk vending zone manager within the Columbia Heights-Mount 25 |
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| 33 | + | Pleasant Sidewalk Vending Zone; to establish an amnesty program for street vendors that 26 |
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| 34 | + | will waive delinquent debts incurred by vendors; and to require the Mayor to commission 27 |
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| 35 | + | a study to identify spaces, locations and improvements that can be made to better 28 |
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| 36 | + | accommodate vending activity within or near the Columbia Heights-Mount Pleasant 29 |
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| 37 | + | Sidewalk Vending Zone. 30 |
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| 38 | + | 31 |
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| 39 | + | BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this 32 |
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| 40 | + | act may be cited as the “Street Vendor Advancement Amendment Act of 2023.”. 33 ENGROSSED ORIGINAL |
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53 | | - | |
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54 | | - | Sec. 2. The Department of Health Functions Clarification Act of 2001, effective October |
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55 | | - | 3, 2001 (D.C. Law 14- 28; |
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56 | | - | D.C. Official Code § 7- 731 et seq .), is amended by adding a new |
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57 | | - | subtitle C -i to read as follows: |
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58 | | - | “Subtitle C-i. Microenterprise Home Kitchens. |
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59 | | - | “Sec. 4935. Definitions. |
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60 | | - | “For the purposes of this subtitle, the term: |
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61 | | - | “(1) “Department” means the Department of Health. |
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62 | | - | “(2) “Food establishment” shall have the same meaning as provided in section |
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63 | | - | 2(5) of An Act Relating to the adulteration of foods and drugs in the District of Columbia, |
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64 | | - | approved February 17, 1898 (30 Stat. 246; D.C. Official Code § 48- 102(5)). |
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65 | | - | “(3) “Microenterprise home kitchen business means a business that: |
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66 | | - | “(A) Operates out of a non-commercial kitchen facility located in a private |
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67 | | - | home and is operated by a resident of the home where ready- to-eat food is handled, stored, or |
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68 | | - | prepared to be offered for sale; |
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69 | | - | “(B) Sells ready-to-eat food products directly to consumers in accordance |
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70 | | - | with section 4936 and regulations adopted by the Department of Health; |
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71 | | - | “(C) Has obtained a home occupancy permit from the Department of |
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72 | | - | Licensing and Consumer Protection pursuant to section 203 of Title 11 of the District of |
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73 | | - | Columbia Municipal Regulations (11 DCMR § 203); |
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74 | | - | “(D) Does not prepare food with processes that require a Hazard Analysis |
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75 | | - | and Critical Control Point (HACCP) Plan pursuant to section 4202 of Title 25- A of the District |
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76 | | - | of Columbia Municipal Regulations (25- A DCMR § 4202); |
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77 | | - | “(E) Does not include food manufacturing, and does not prepare alcohol - |
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78 | | - | infused food products or food products containing cannabis, CBD, Kava, Kratom or any other |
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79 | | - | unapproved food additive; |
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80 | | - | “(F) Is not a catering business, cottage food business, bed and breakfast, |
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81 | | - | residence- based group home facility, or food truck; |
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82 | | - | “(G) Meets labeling requirements set forth in rules issued by the |
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83 | | - | Department; and |
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84 | | - | “(H) Has applied for and is otherwise eligible for a vending site permit |
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85 | | - | under the Vending Regulation Act of 2009, effective October 22, 2009 (D.C. Law 18- 71; D.C. |
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86 | | - | Official Code § 37- 131.01 et seq .). |
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87 | | - | “(4) “Microenterprise home kitchen permit” means a permit issued by the |
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88 | | - | Department to an operator for the purpose of operating a microenterprise home kitchen business. |
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89 | | - | “(5) “Operator” means an individual who resides in the private home and who |
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90 | | - | manages or controls the microenterprise home kitchen business. |
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91 | | - | “(6) “Ready-to-eat food” means: ENROLLED ORIGINAL |
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| 47 | + | Sec. 2. Part C of The Department of Health Functions Clarification Act of 2001, effective 34 |
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| 48 | + | January 25, 2014 (D.C. Law 20-63; D.C. Official Code § 7-742.01 et seq.), is amended as 35 |
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| 49 | + | follows: 36 |
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| 50 | + | (a) Section 4931(3) (D.C. Official Code § 7–742.01(3)) is amended to read as follows: 37 |
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| 51 | + | “(3) “Cottage food product” means food that is prepared, processed, or packaged 38 |
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| 52 | + | in a cottage food business and sold directly to consumers, including through direct, retail, and 39 |
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| 53 | + | online sales, within the District of Columbia. For purposes of this paragraph, the term cottage 40 |
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| 54 | + | food product shall not include uncooked or raw meat products, or raw dairy products.”. 41 |
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| 55 | + | (b) Section 4932(c) (D.C. Official Code § 7–742.02(c)) is amended to read as follows: 42 |
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| 56 | + | “(c)(1) The owner of a cottage food business may sell only cottage food products that are 43 |
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| 57 | + | prepared, processed, and stored on the premises. 44 |
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| 58 | + | “(2) For any pre-packaged cottage food products, a label must be affixed to the 45 |
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| 59 | + | package that contains the following information: 46 |
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| 60 | + | “(A) The cottage food business identification number; 47 |
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| 61 | + | “(B) The name of the cottage food product; 48 |
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| 62 | + | “(C) The ingredients of the cottage food product; 49 |
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| 63 | + | “(D) Allergen information as specified by federal labeling requirements; 50 |
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| 64 | + | “(E) If any nutritional claim is made, nutritional information as specified 51 |
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| 65 | + | by federal labeling requirements; and 52 ENGROSSED ORIGINAL |
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98 | | - | “(A) Fully cooked food, including, but not limited to, meat, fish, fruit, and |
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99 | | - | vegetables; |
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100 | | - | “(B) Raw fruit and vegetables that are washed and offered for sale whole |
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101 | | - | or chopped; |
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102 | | - | “(C) Any other time or temperature control food that is cooked to the |
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103 | | - | temperature and time required for the specific food in accordance with regulations made by the |
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104 | | - | Department; or |
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105 | | - | “(D) A bakery item for which further cooking is not required for food |
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106 | | - | safety. |
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107 | | - | “(7) “Time or temperature control food” means food that requires time or |
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108 | | - | temperature controls for safety to limit pathogenic microorganism growth or toxin formation. |
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109 | | - | “Sec. 4936. Microenterprise Home Kitchen Businesses. |
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110 | | - | “(a) This section shall not: |
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111 | | - | “(1) Apply to a food establishment that is required to have a license under |
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112 | | - | Department regulations; or |
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113 | | - | “(2) Exempt a microenterprise home kitchen business from any applicable District |
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114 | | - | or federal tax laws. |
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115 | | - | “(b) The Department shall develop a microenterprise home kitchen permit and develop |
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116 | | - | standards and regulations relating to the requirements of this permit. |
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117 | | - | “(c) A microenterprise home kitchen business shall register with the Department before |
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118 | | - | beginning operation. |
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119 | | - | “(d) The Department may perform a pre-operational inspection of the microenterprise |
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120 | | - | home kitchen business before that business begins operation. |
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121 | | - | “(e)(1) The Department may enter the premises of a microenterprise home kitchen |
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122 | | - | business with a permit issued by the Department during the operating hours of the |
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123 | | - | microenterprise home kitchen to conduct: |
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124 | | - | “(A) Scheduled pre-operational and compliance inspections with |
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125 | | - | reasonable advance notice of the inspection; or |
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126 | | - | “(B) Unannounced inspections when the Department has a valid reason, |
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127 | | - | which could include a consumer complaint, to suspect that a microenterprise home kitchen poses |
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128 | | - | an imminent health hazard or is the source of an adulterated food or of an outbreak of illness |
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129 | | - | caused by a contaminated food. |
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130 | | - | “(2) The Department shall document the reason for any inspection after an initial |
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131 | | - | inspection, keep a copy of the documentation on file with the microenterprise home kitchen’s |
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132 | | - | permit, and provide a copy of that documentation to the operator. |
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133 | | - | “(f) An operator may qualify for a microenterprise home kitchen permit; provided, that: |
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134 | | - | “(1) Food that is prepared at the microenterprise home kitchen is handled, stored, |
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135 | | - | and prepared in compliance with Department regulations; ENROLLED ORIGINAL |
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| 72 | + | “(F) The following statement printed in 10-point or larger type in a color 53 |
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| 73 | + | that provides a clear contrast to the background of the label: “Made by a cottage food business 54 |
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| 74 | + | that is not subject to the District of Columbia's food safety regulations.” 55 |
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| 75 | + | “(3) For any cottage food products that are difficult to properly label or package, 56 |
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| 76 | + | or for any cottage food products that will be sold through a vending cart and are not pre-57 |
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| 77 | + | packaged, the owner of the cottage food business must have a receipt, placard or signage in 58 |
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| 78 | + | easily readable type at the point-of-sale that contains the information required for pre-packaged 59 |
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| 79 | + | food items in paragraph (2) of this subsection.”. 60 |
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| 80 | + | Sec. 3. The Vending Regulation Act of 2009, effective October 22, 2009 (D.C. Law 18-61 |
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| 81 | + | 71; D.C. Official Code § 37-131.01 et seq.) is amended as follows: 62 |
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| 82 | + | (a) Section 2 (D.C. Official Code § 37-131.01) is amended to read as follows: 63 |
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| 83 | + | For purposes of this chapter, the term: 64 |
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| 84 | + | “(1) “Fund” means the Vending Regulation Fund established by section 8(b). 65 |
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| 85 | + | “(2) “Public market” means a vending operation that takes place in an area of 66 |
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| 86 | + | public space set aside and permitted on a regular basis for the sale of goods, merchandise, or 67 |
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| 87 | + | services provided onsite, including a farmers market, flea market, or antique market. 68 |
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| 88 | + | “(3) “Sidewalk vending zone” means a geographically defined area with 3 or 69 |
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| 89 | + | more vending locations at which a person may vend. 70 ENGROSSED ORIGINAL |
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142 | | - | “(2) The kitchen facility used to prepare food for the microenterprise home |
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143 | | - | kitchen meets the requirements established by the Department; |
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144 | | - | “(3) The operator provides written standard operating procedures to the |
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145 | | - | Department that include: |
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146 | | - | “(A) Proposed procedures and methods for how all food will be stored, |
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147 | | - | handled, and prepared; |
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148 | | - | “(B) Proposed procedures and methods of food preparation and handling; |
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149 | | - | “(C) Procedures, methods, and schedules for cleaning utensils and |
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150 | | - | equipment; |
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151 | | - | “(D) Procedures and methods for the disposal of refuse; and |
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152 | | - | “(E) A plan for maintaining time or temperature control food at the |
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153 | | - | appropriate temperatures for each time or temperature control food. |
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154 | | - | “(4) The operator operates only during the hours and only prepares the food items |
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155 | | - | approved in the microenterprise home kitchen permit; |
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156 | | - | “(5) The operator provides notification to the consumer that, while a permit has |
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157 | | - | been issued by the Department, the kitchen does not meet all of the requirements of a |
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158 | | - | commercial retail food establishment; and |
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159 | | - | “(6) The operator successfully passes a nationally accredited Certified Food |
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160 | | - | Protection Manager Course approved by the Department and obtains a District-issued Certified |
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161 | | - | Food Protection Manager Certificate. |
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162 | | - | “(g) An operator can apply to amend their permit by submitting a written proposal in a |
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163 | | - | format determined in rules developed by the Department; |
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164 | | - | “(h) The Department shall not require, as a condition of obtaining a microenterprise home |
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165 | | - | kitchen permit, that an operator: |
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166 | | - | “(1) Rent or lease space at a commercial kitchen outside of their home; |
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167 | | - | “(2) Rent or purchase equipment, utensils, or display containers or equipment, |
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168 | | - | other than what is required for safe storage, handling, and preparation of the food offered for |
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169 | | - | sale; |
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170 | | - | “(3) Have additional hand- washing facilities in their home, except to require that |
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171 | | - | a hand washing station supplied with warm water and soap be conveniently located in food |
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172 | | - | preparation, food dispensing, and warewashing areas; |
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173 | | - | “(4) Have additional kitchen sinks, except to require that the kitchen sink has hot |
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174 | | - | and cold water and is fully operational; |
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175 | | - | “(5) Limit the individuals permitted in food preparation areas, food storage areas, |
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176 | | - | and washing areas, except during food preparation; |
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177 | | - | “(6) Limit the presence of animals in the home, except to require that all animals |
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178 | | - | are kept outside of food preparation areas; |
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179 | | - | “(7) Use specific materials for food-contact and non- food contact surfaces; |
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180 | | - | provided, that the food- contact surfaces are smooth, easily cleanable, and in good repair; or ENROLLED ORIGINAL |
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| 96 | + | “(4) “Sidewalk vending zone manager” means a non-profit organization 71 |
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| 97 | + | headquartered in the District of Columbia that oversees sidewalk vendors operating within a 72 |
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| 98 | + | sidewalk vending zone. 73 |
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| 99 | + | “(5) “Sidewalk vendor” means a person who engages in business while occupying 74 |
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| 100 | + | a portion of the public right-of-way other than that reserved for vehicular travel. 75 |
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| 101 | + | “(6) “Vending cart” means a wheeled, non-motorized, self-contained apparatus 76 |
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| 102 | + | designed to be pulled by a vehicle or pushed by hand, designed to be operated from a sidewalk 77 |
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| 103 | + | vending location, and from which food, products, merchandise, or services are intended to be 78 |
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| 104 | + | vended. 79 |
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| 105 | + | “(7) “Vending locations” means the specific locations designated by the Mayor on 80 |
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| 106 | + | sidewalks, roadways, and other public space at which a person may vend. 81 |
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| 107 | + | “(8) “Vending site permit” means a permit or other authorization issued by the 82 |
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| 108 | + | Mayor for a vending location.”. 83 |
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| 109 | + | (b) Section 3 (D.C. Official Code § 37–131.02) is amended as follows: 84 |
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| 110 | + | (1) Subsection (a)(1) is amended to read as follows: 85 |
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| 111 | + | “(1) A basic business license;”. 86 |
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| 112 | + | (2) Subsection (c) is repealed. 87 |
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| 113 | + | (3) A new subsection (e) is added to read as follows: 88 |
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| 114 | + | “(e) Vendors may operate only during the following hours: 89 |
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| 115 | + | “(1) Sunday through Thursday, from 5:00 a.m. to 12 a.m.; and 90 ENGROSSED ORIGINAL |
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187 | | - | “(8) Install significant equipment or make significant renovations to the home, |
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188 | | - | beyond what would be required to ensure food and human safety in the food preparation areas. |
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189 | | - | “(i) The Department has the authority to issue citations and summarily suspend or revoke |
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190 | | - | a permit if an operator is not complying with any provisions set forth in this section. |
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191 | | - | “(j) A person whose license or permit is revoked may, within 15 days after the notice of |
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192 | | - | revocation by the Department, appeal the decision to the Office of Administrative Hearings. |
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193 | | - | “Sec. 4937. Rulemaking. |
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194 | | - | (a) The Mayor, pursuant to Title I of the District of Columbia Administrative Procedure |
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195 | | - | Act, approved October 21, 1968 (82 Stat. 1204; D.C. Official Code § 2- 501 et seq.), shall |
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196 | | - | promulgate emergency rules to implement the provisions of this subtitle no later than 45 days |
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197 | | - | after the effective date of the Street Vendor Advancement Amendment Act of 2023, passed on |
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198 | | - | 2nd reading on April 4, 2023 (Enrolled version of Bill 25- 68). |
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199 | | - | (b) The Mayor, pursuant to Title I of the District of Columbia Administrative Procedure |
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200 | | - | Act, approved October 21, 1968 (82 Stat. 1204; D.C. Official Code § 2- 501 et seq.), shall |
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201 | | - | promulgate final rules to implement the provisions of this subtitle no later than 120 days after the |
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202 | | - | effective date of the Street Vendor Advancement Amendment Act of 2023, passed on 2nd |
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203 | | - | reading on April 4, 2023 (Enrolled version of Bill 25- 68).”. |
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204 | | - | |
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205 | | - | Sec. 3. The Vending Regulation Act of 2009, effective October 22, 2009 (D.C. Law 18- |
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206 | | - | 71; D.C. Official Code § 37- 131.01 et seq. ), is amended as follows: |
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207 | | - | (a) Section 2 (D.C. Official Code § 37- 131.01) is amended to read as follows: |
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208 | | - | “Sec. 2. Definitions. |
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209 | | - | “For the purposes of this act, the term: |
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210 | | - | “(1) “Fund” means the Vending Regulation Fund established by section 8(b) . |
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211 | | - | “(2) “Public market” means a vending operation that takes place in an area of |
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212 | | - | public space set aside and permitted on a regular basis for the sale of goods, merchandise, or |
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213 | | - | services provided onsite, including a farmers market, flea market, or antique market. |
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214 | | - | “(3) “Sidewalk vending zone” means a geographically defined area with 3 or |
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215 | | - | more vending locations at which a person may vend. |
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216 | | - | “(4) “Sidewalk vending zone manager” means a non- profit organization |
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217 | | - | headquartered in the District of Columbia that oversees sidewalk vendors operating within a |
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218 | | - | sidewalk vending zone. |
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219 | | - | “(5) “Sidewalk vendor” means a person who engages in business while occupying |
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220 | | - | a portion of the public right-of-way other than that reserved for vehicular travel. |
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221 | | - | “(6) “Vending cart” means a wheeled, non-motorized, self-contained apparatus |
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222 | | - | designed to be pulled by a vehicle or pushed by hand, designed to be operated from a sidewalk |
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223 | | - | vending location, and from which food, products, merchandise, or services are intended to be |
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224 | | - | vended. ENROLLED ORIGINAL |
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| 122 | + | “(2) Friday and Saturday from 5:00 a.m. to 1:00 a.m. the next day; provided, that 91 |
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| 123 | + | vendors operating in Residential Zones, as specified in the District of Columbia Zoning 92 |
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| 124 | + | Regulations, shall not vend past 10:00 p.m. on any night of the week.”. 93 |
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| 125 | + | (c) New sections 7a, 7b and 7c are added to read as follows: 94 |
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| 126 | + | “Sec. 7a. Vending licenses and permits and criminal background checks. 95 |
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| 127 | + | “No applicant for a basic business license, a vending site permit, or any other licenses or 96 |
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| 128 | + | permits required to vend from a sidewalk, roadway or other public place pursuant to section 3 97 |
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| 129 | + | shall be required to undergo a criminal background check or provide a certified copy of a 98 |
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| 130 | + | criminal history report to any agency prior to or after receiving said licenses or permits. 99 |
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| 131 | + | “Sec. 7b. Food vending cart and vehicle design standards. 100 |
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| 132 | + | “(a) Food vending cart and vehicle designs shall be subject to rules promulgated by the 101 |
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| 133 | + | Department of Licensing and Consumer Protection; provided, that, food vending carts and 102 |
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| 134 | + | vehicles for vendors: 103 |
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| 135 | + | “(1) Selling only non-potentially hazardous uncut fruits and vegetables shall not 104 |
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| 136 | + | be required to include freshwater tanks, wastewater tanks, or food, ware, or hand washing sinks 105 |
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| 137 | + | or sink compartments; or 106 |
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| 138 | + | “(2) Selling non-potentially hazardous uncut fruits and vegetables, and potentially 107 |
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| 139 | + | hazardous pre-packaged foods, including frozen desserts, sandwiches, and pre-cut fruits and 108 |
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| 140 | + | vegetables, shall not be required to include freshwater tanks, or food, ware, or hand washing 109 |
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| 141 | + | sinks or compartments. 110 ENGROSSED ORIGINAL |
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231 | | - | “(7) “Vending locations” means the specific locations designated by the Mayor on |
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232 | | - | sidewalks, roadways, and other public space at which a person may vend. |
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233 | | - | “(8) “Vending site permit” means a permit or other authorization issued by the |
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234 | | - | Mayor for a vending location.”. |
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235 | | - | (b) Section 3 (D.C. Official Code § 37–131.02) is amended as follows: |
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236 | | - | (1) Subsection (a)(1) is amended to read as follows: |
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237 | | - | “(1) A basic business license;”. |
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238 | | - | (2) Subsection (c) is repealed. |
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239 | | - | (3) A new subsection (e) is added to read as follows: |
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240 | | - | “(e) Vendors may operate only during the following hours: |
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241 | | - | “(1) Sunday through Thursday, from 5:00 a.m. to 12:00 a .m.; and |
---|
242 | | - | “(2) Friday and Saturday from 5:00 a.m. to 1:00 a.m. the next day; provided, that |
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243 | | - | vendors operating in Residential Zones, as specified in the District of Columbia Zoning |
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244 | | - | Regulations, shall not vend past 10:00 p.m. on any night of the week.”. |
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245 | | - | (c) New sections 7a, 7b and 7c are added to read as follows: |
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246 | | - | “Sec. 7a. V ending licenses and permits and criminal background checks. |
---|
247 | | - | “No applicant for a basic business license, a vending site permit, or any other licenses or |
---|
248 | | - | permits required to vend from a sidewalk, roadway, or other public place pursuant to section 3 |
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249 | | - | shall be required, in connection with said application, to undergo a crim inal background check or |
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250 | | - | provide a certified copy of a criminal history report to any agency prior to or after receiving said |
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251 | | - | licenses or permits. |
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252 | | - | “Sec. 7b. Food vending cart and vehicle design standards. |
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253 | | - | “(a) Food vending cart and vehicle designs shall be subject to rules promulgated by the |
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254 | | - | Department of Licensing and Consumer Protection; provided, tha t food vending carts and |
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255 | | - | vehicles for vendors: |
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256 | | - | “(1) Selling only non- potentially hazardous uncut fruits and vegetables shall not |
---|
257 | | - | be required to include freshwater tanks, wastewater tanks, or food, ware, or hand washing sinks |
---|
258 | | - | or sink compartments; or |
---|
259 | | - | “(2) Selling non- potentially hazardous uncut fruits and vegetables , and potentially |
---|
260 | | - | hazardous pre-packaged foods, including frozen desserts, sandwiches, and pre -cut fruits and |
---|
261 | | - | vegetables, shall not be required to include freshwater tanks , or food, ware, or hand washing |
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262 | | - | sinks or compartments. |
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263 | | - | “(b)(1) The Depar tment of Licensing and Consumer Protection shall , in consultation with |
---|
264 | | - | the Department of Health, establish a process through which businesses , community-based |
---|
265 | | - | organizations, and vendors can submit food vending cart designs and specifications for approval |
---|
266 | | - | by the Department of Licensing and Consumer Protection. |
---|
267 | | - | “(2) When determining whether to approve a specific food vending cart design, |
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268 | | - | the Department of Licensing and Consumer Protection shall consider the following: ENROLLED ORIGINAL |
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| 148 | + | “(b)(1) The Department of Licensing and Consumer Protection shall, in consultation with 111 |
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| 149 | + | the Department of Health, establish a process through which businesses, community-based 112 |
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| 150 | + | organizations, and vendors can submit food vending cart designs and specifications for approval 113 |
---|
| 151 | + | by the Department of Licensing and Consumer Protection. 114 |
---|
| 152 | + | “(2) When determining whether to approve a specific food vending cart design, 115 |
---|
| 153 | + | the Department of Licensing and Consumer Protection shall consider the following: 116 |
---|
| 154 | + | “(A) Whether the food items that will be sold by users of the food vending 117 |
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| 155 | + | cart: 118 |
---|
| 156 | + | “(i) Are potentially hazardous, as defined in 25-A DCMR 9901; 119 |
---|
| 157 | + | “(ii) Will be prepared off-site or at the cart; 120 |
---|
| 158 | + | “(iii) Are packaged off-site, are packaged at the cart, or are 121 |
---|
| 159 | + | sold unpackaged; 122 |
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| 160 | + | “(B) Whether the application of existing food cart design requirements is 123 |
---|
| 161 | + | necessary given the food items that will be offered for sale; and 124 |
---|
| 162 | + | “(C) Whether the application of existing food cart design requirements 125 |
---|
| 163 | + | would render the sale of the proposed food items unfeasible due to the size or potential cost of 126 |
---|
| 164 | + | the cart. 127 |
---|
| 165 | + | “(3) When the Department of Licensing and Consumer Protection denies a 128 |
---|
| 166 | + | proposed food vending cart design, the Department shall provide the applicant with the specific 129 |
---|
| 167 | + | reasons and justifications for a denial. The business, non-profit, community-based organization, 130 ENGROSSED ORIGINAL |
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275 | | - | “(A) Whether the food items that will be sold by users of the food vending |
---|
276 | | - | cart: |
---|
277 | | - | “(i) Are potentially hazardous, as defined in section 9901 of Title |
---|
278 | | - | 25-A of the District of Columbia Municipal Regulations (25-A DCMR § 9901) ; |
---|
279 | | - | “(ii) Will be prepared off-site or at the cart ; and |
---|
280 | | - | “(iii) Are packaged off -site, are packaged at the cart, or are sold |
---|
281 | | - | unpackaged; |
---|
282 | | - | “(B) Whether the application of existing food cart design requirements is |
---|
283 | | - | necessary given the food items that will be offered for sale; and |
---|
284 | | - | “(C) Whether the application of existing food cart design requirements |
---|
285 | | - | would render the sale of the proposed food items unfeasible due to the size or potential cost of |
---|
286 | | - | the cart. |
---|
287 | | - | “(3) When the Department of Licensing and Consumer Protection denies a |
---|
288 | | - | proposed food vending cart design, the Department shall provide the applicant with the specific |
---|
289 | | - | reasons and justifications for a denial. The business, non- profit, community- based organization, |
---|
290 | | - | or vendor who submitted the designs and specifications that were denied may, within 30 business |
---|
291 | | - | days of receiving a denial, submit revised food vending cart design plans and specifications for |
---|
292 | | - | consideration by the Department. |
---|
293 | | - | “(c) When the Department of Licensing and Consumer Protection approve s a food |
---|
294 | | - | vending cart design, the Department shall post the final design, including any design |
---|
295 | | - | specifications and equipment requirements for the cart, publicly on its website. |
---|
296 | | - | “Sec. 7c. Food vending cart service and storage requirements. |
---|
297 | | - | “(a) Food vending carts may be serviced and stored in the following locations: |
---|
298 | | - | “(1) A vending depot that meets the requirements of section 574 of Title 24 of the |
---|
299 | | - | District of Columbia Municipal Regulations (24 DCMR § 574) ; |
---|
300 | | - | “(2) A shared kitchen or support facility; |
---|
301 | | - | “(3) A n existing, brick- and-mortar food establishment with a fixed location, such |
---|
302 | | - | as a delicatessen, bakery, or restaurant; |
---|
303 | | - | “(4) A community center; |
---|
304 | | - | “(5) A cottage food business if the vending cart belongs to the cottage food |
---|
305 | | - | business; or |
---|
306 | | - | “(6) A microenterprise home kitchen business if the vending cart belongs to the |
---|
307 | | - | microenterprise home kitchen business. |
---|
308 | | - | “(b) A shared kitchen or support facility, existing food establishment wit h a fixed |
---|
309 | | - | location, or a community center may be permitted to support the servicing and storage of food |
---|
310 | | - | vending carts; provided, that: |
---|
311 | | - | “(1) The food vending cart will be stored in a space and manner that protects the |
---|
312 | | - | cart from contamination; ENROLLED ORIGINAL |
---|
| 174 | + | or vendor who submitted the designs and specifications that were denied may, within 30 business 131 |
---|
| 175 | + | days of receiving a denial, submit revised food vending cart design plans and specifications for 132 |
---|
| 176 | + | consideration by the Department. 133 |
---|
| 177 | + | “(c) When the Department of Licensing and Consumer Protection approves a food 134 |
---|
| 178 | + | vending cart design, the Department shall post the final design, including any design 135 |
---|
| 179 | + | specifications and equipment requirements for the cart, publicly on its website. 136 |
---|
| 180 | + | “Sec. 7c. Food vending cart service and storage requirements. 137 |
---|
| 181 | + | “(a) Food vending carts may be serviced and stored in the following locations: 138 |
---|
| 182 | + | “(1) A vending depot that meets the requirements of 24 DCMR § 574; 139 |
---|
| 183 | + | “(2) A shared kitchen or support facility; 140 |
---|
| 184 | + | “(3) An existing, brick-and-mortar food establishment with a fixed location, such 141 |
---|
| 185 | + | as a delicatessen, bakery, or restaurant; 142 |
---|
| 186 | + | “(4) A community center; or 143 |
---|
| 187 | + | “(5) A cottage food business. 144 |
---|
| 188 | + | “(b) A shared kitchen or support facility, existing food establishment with a fixed 145 |
---|
| 189 | + | location, or a community center may be permitted to support the servicing and storage of food 146 |
---|
| 190 | + | vending carts if: 147 |
---|
| 191 | + | “(1) The food vending cart will be stored in a space and manner that protects the 148 |
---|
| 192 | + | cart from contamination; 149 ENGROSSED ORIGINAL |
---|
319 | | - | “(2) There is adequate space for the proper storage of inventory, such as food, |
---|
320 | | - | supplies, and utensils, used by the vendor; |
---|
321 | | - | “(3) There is adequate space for the cleaning of any food vending carts serviced |
---|
322 | | - | and stored at the facility; |
---|
323 | | - | “(4) The vendor has access to on- site food preparation and food handling areas, if |
---|
324 | | - | needed; and |
---|
325 | | - | “(5) The facility will provide access to hot and cold water, potable water, |
---|
326 | | - | electrical outlets, and receptacles or systems for the proper disposal of trash and food waste. |
---|
327 | | - | “(c) A microenterprise home kitchen business may be permitted to support the service |
---|
328 | | - | and storage of up to two food vending carts; provided, that: |
---|
329 | | - | “(1) The food vending cart will be stored in a space and manner that protects the |
---|
330 | | - | cart from contamination; |
---|
331 | | - | “(2) The storage area is designated and clearly identified upon approval and shall |
---|
332 | | - | not be relocated without approval by the Department of Health; |
---|
333 | | - | “(3) The microenterprise home kitchen business is capable of supporting the |
---|
334 | | - | proper preparation and storage of the food being sold from the food vending cart. |
---|
335 | | - | “(d) An alternative service and storage facility, such as a private garage, may be |
---|
336 | | - | permitted to support the service and storage of up to 4 food vending carts ; provided, that: |
---|
337 | | - | “(1) The vendor s sell only prepackaged food or non- potentially hazardous uncut |
---|
338 | | - | fruits and vegetables; |
---|
339 | | - | “(2) The facility provides the vendor with access to on- site potable water; |
---|
340 | | - | “(3) The service and storage areas are free of pests such as rats; and |
---|
341 | | - | “(4) Food items are not prepared or stored in the facility.” . |
---|
342 | | - | (d) Section 8(a) (D.C. Official Code § 37–131.07(a)) is amended to read as follows: |
---|
343 | | - | “(a)(1) Fees for vending licenses and permits required pursuant to this act shall be as |
---|
344 | | - | follows: |
---|
345 | | - | “(A) The biennial fee for a basic business license for any vendor shall be |
---|
346 | | - | $99; |
---|
347 | | - | “(B) The annual fee for a vending site permit for sidewalk vending |
---|
348 | | - | locations shall be $75; |
---|
349 | | - | “(C) The annual fee for a mobile roadway vending site permit shall be |
---|
350 | | - | $150; |
---|
351 | | - | “(D) The fee for a monthly vending s ite permit in the Nationals Park |
---|
352 | | - | Vending Zone, as described in section 529 of Title 24 of the District of Columbia Municipal |
---|
353 | | - | Regulations (24 DCMR § 529) shall be $65 per monthly lottery; and |
---|
354 | | - | “(E) The fee for a monthly vending s ite permit for stationary roadway |
---|
355 | | - | vending at vending l ocations designated by section 530 of Title 24 of the District of Columbia |
---|
356 | | - | Municipal Regulations (24 DCMR § 530) shall be $225 per monthly lottery. ENROLLED ORIGINAL |
---|
| 199 | + | “(2) There is adequate space for the proper storage of inventory, such as food, 150 |
---|
| 200 | + | supplies, and utensils, used by the vendor; 151 |
---|
| 201 | + | “(3) There is adequate space for the cleaning of any food vending carts serviced 152 |
---|
| 202 | + | and stored at the facility; 153 |
---|
| 203 | + | “(4) The vendor has access to on-site food preparation and food handling areas, if 154 |
---|
| 204 | + | needed; and 155 |
---|
| 205 | + | “(5) The facility will provide access to hot and cold water, potable water, 156 |
---|
| 206 | + | electrical outlets, and receptacles or systems for the proper disposal of trash and food waste. 157 |
---|
| 207 | + | “(c) A cottage food business may be permitted to support the service and storage of up to 158 |
---|
| 208 | + | two food vending carts if: 159 |
---|
| 209 | + | “(1) The food vending cart will be stored in a space and manner that protects the 160 |
---|
| 210 | + | cart from contamination; 161 |
---|
| 211 | + | “(2) The storage area is designated and clearly identified upon approval. The 162 |
---|
| 212 | + | storage area shall not be relocated without approval by the Department of Health; 163 |
---|
| 213 | + | “(3) The cottage food business is capable of supporting the proper preparation and 164 |
---|
| 214 | + | storage of the food being sold from the food vending cart. 165 |
---|
| 215 | + | “(d) An alternative service and storage facility, such as a private garage, may be 166 |
---|
| 216 | + | permitted to support the service and storage of up to four food vending carts if: 167 |
---|
| 217 | + | “(1) The vendors sell only prepackaged food or non-potentially hazardous uncut 168 |
---|
| 218 | + | fruits and vegetables; 169 ENGROSSED ORIGINAL |
---|
363 | | - | “(2) The Mayor may revise fees established in this subsection through the |
---|
364 | | - | promulgation of rules pursuant to Title I of the District of Columbia Administrative Procedure |
---|
365 | | - | Act, approved October 21, 1968 (82 Stat. 1204; D.C. Official Code § 2- 501 et seq.).”. |
---|
366 | | - | (e) Section 9 ( D.C. Official Code § 37- 131.08) is amended to read as follows: |
---|
367 | | - | “Sec. 9. Penalties. |
---|
368 | | - | “(a) The following violations shall be Class 1 civil infractions and subject to fines |
---|
369 | | - | pursuant to section 3201 of Title 16 of the District of Columbia Municipal Regulations ( 16 |
---|
370 | | - | DCMR § 3201) : |
---|
371 | | - | “(1) Vending without an active license, site permit, or other required licenses and |
---|
372 | | - | permits pursuant to section 3 (a); and |
---|
373 | | - | “(2) Knowingly altering, falsifying, or misrepresenting any license, permit, or |
---|
374 | | - | certificate required pursuant to this act, or any other applicable laws or regulations. |
---|
375 | | - | “(b) All other violations of this act and applicable street vending regulations shall be |
---|
376 | | - | categorized as Class 2, 3, 4, or 5 civil infractions. |
---|
377 | | - | “(c) Prior to issuing a notice of infraction for violations of this act and applicable |
---|
378 | | - | regulations, the Mayor may give a verbal or written warning to the violator; provided, that this |
---|
379 | | - | subsection shall not apply to violations listed under subsection (a) of this section. |
---|
380 | | - | “(d)(1) A person who violates subsection (a)(1) of this section in the presence of an |
---|
381 | | - | enforcement officer shall identify himself or herself at the direction of the officer by giving his or |
---|
382 | | - | her legal name and current address. If the person refuses to provide his or her legal name and |
---|
383 | | - | current address, or if the enforcement officer has reason to believe that the person is providing an |
---|
384 | | - | incorrect name or address, the enforcement officer may request that the person provide |
---|
385 | | - | reasonable identification. Upon request of the enforcement officer, the person shall produce |
---|
386 | | - | reasonable identification. |
---|
387 | | - | “(2) If a person refuses to produce reasonable identification pursuant to paragraph |
---|
388 | | - | (1) of this subsection, the enforcement officer may not make an arrest but may detain the person |
---|
389 | | - | for a period of time not longer than is reasonably necessary to identify the person for purposes of |
---|
390 | | - | issuing notice of a civil infraction pursuant to section 201 of the Department of Consumer and |
---|
391 | | - | Regulatory Affairs Civil Infractions Act of 1985, effective October 5, 1985 (D.C. Law 6- 42; |
---|
392 | | - | D.C. Official Code § 2- 1802.01). |
---|
393 | | - | “(3) For purposes of this subsection, the term: |
---|
394 | | - | “(A) “Detain” means to verbally order a person to remain at his or her |
---|
395 | | - | current location or a nearby location specified by the enforcement officer. |
---|
396 | | - | “(B) “Enforcement officer” means a person authorized to enforce the |
---|
397 | | - | provisions of this act ; provided, that this shall not include an officer or member of the |
---|
398 | | - | Metropolitan Police Department of the District of Columbia. |
---|
399 | | - | “(C) “Reasonable identification” means any form of identification that |
---|
400 | | - | includes a person’s legal name and current address. ENROLLED ORIGINAL |
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| 225 | + | “(2) The facility provides the vendor with access to on-site potable water; 170 |
---|
| 226 | + | “(3) The service and storage areas are free of pests such as rats; and 171 |
---|
| 227 | + | “(4) Food items are not prepared or stored in the facility.” 172 |
---|
| 228 | + | (d) Section 8(a) (D.C. Official Code § 37–131.07(a)) is amended to read as follows: 173 |
---|
| 229 | + | “(a)(1) Fees for vending licenses and permits required pursuant to this act shall be as 174 |
---|
| 230 | + | follows: 175 |
---|
| 231 | + | “(A) The biennial fee for a basic business license for any vendor shall be 176 |
---|
| 232 | + | $99; 177 |
---|
| 233 | + | “(B) The annual fee for a vending site permit for sidewalk vending 178 |
---|
| 234 | + | locations shall be $75; 179 |
---|
| 235 | + | “(C) The annual fee for a mobile roadway vending site permit shall be 180 |
---|
| 236 | + | $150; 181 |
---|
| 237 | + | “(D) The fee for a monthly Vending Site Permit in the Nationals Park 182 |
---|
| 238 | + | Vending Zone shall be $65 per monthly lottery, as described in 24 DCMR § 529; and 183 |
---|
| 239 | + | “(E) The fee for a monthly Vending Site Permit for stationary roadway 184 |
---|
| 240 | + | vending at Vending Locations designated by 24 DCMR 530 shall be $225 per monthly lottery. 185 |
---|
| 241 | + | “(2) The Mayor may revise fees established in this subsection through the 186 |
---|
| 242 | + | promulgation of rules pursuant to Title I of the District of Columbia Administrative Procedure 187 |
---|
| 243 | + | Act, approved October 21, 1968 (82 Stat. 1204; D.C. Official Code § 2-501 et seq.).”. 188 |
---|
| 244 | + | (e) Section 9 of (D.C. Official Code § 37-131.08) is amended to read as follows: 189 ENGROSSED ORIGINAL |
---|
407 | | - | “(e) The Mayor shall issue a revised schedule of civil penalties for violations of this act |
---|
408 | | - | and rules promulgated pursuant to this act . The proposed schedule of civil penalties shall be |
---|
409 | | - | included with rules issued pursuant to section 11.”. |
---|
410 | | - | (f) New sections 9a , 9b, 9c, and 9d are added to read as follows: |
---|
411 | | - | “Sec. 9a . Sidewalk vending zones and licensing. |
---|
412 | | - | “(a) The Mayor may establish sidewalk vending zones through rulemaking. For each |
---|
413 | | - | sidewalk vending zone, the Mayor shall: |
---|
414 | | - | “(1) Establish vending locations , pursuant to an approved vending site plan |
---|
415 | | - | submitted by a sidewalk vending zone manager ; provided, that no vending cart, stand, or table |
---|
416 | | - | shall be located within: |
---|
417 | | - | “(A) 20 feet of a driveway entrance to a police or fire station; |
---|
418 | | - | “(B) 10 feet of any other driveway; |
---|
419 | | - | “(C) 10 feet of an alley; |
---|
420 | | - | “(D) 20 feet of a street-level entry to a Metrorail escalator; |
---|
421 | | - | “(E) 10 feet of a street-level door to a Metrorail elevator; |
---|
422 | | - | “(F) A marked loading zone, entrance zone, or parking space designated |
---|
423 | | - | for diplomatic parking, or other curbside location restricted for certain vehicles or uses; |
---|
424 | | - | “(G) 10 feet of a fire hydrant or in-ground fire standpipe; |
---|
425 | | - | “(H) 5 feet from a building’s marked fire control room; or |
---|
426 | | - | “(I) A Metrobus Stop Zone, a commuter bus zone, an intercity bus zone, |
---|
427 | | - | or other curbside zone specifically designated and demarcated as being for transit use; |
---|
428 | | - | “(2) Permit sidewalk vendors to alternate from one vending location to another |
---|
429 | | - | within the same sidewalk vending zone , pursuant to an approved vending site plan submitted by |
---|
430 | | - | a sidewalk vending zone manager; |
---|
431 | | - | “(3) Require all sidewalk vendors to conspicuously display a basic bus iness |
---|
432 | | - | license and any other legally required permits or certificates; and |
---|
433 | | - | “(4) Require all sidewalk vendors to vend from a temporary table or a vending |
---|
434 | | - | cart that contains no motor or open fires, is able to be moved by hand, and is no more than 4 feet |
---|
435 | | - | in width and 4 f eet in length, unless the vendor vends food from a vending cart, in which case the |
---|
436 | | - | vending cart shall not exceed 5 feet in width and 8 feet in length and 8 feet 6 inches in height |
---|
437 | | - | from the bottom of the tire. |
---|
438 | | - | “(b)(1) The following persons may submit a written request to the Mayor for the |
---|
439 | | - | establishment of a sidewalk vending zone, the establishment of vending spaces within a proposed |
---|
440 | | - | sidewalk vending zone, or the establishment of or changes to vending spaces within an existing |
---|
441 | | - | sidewalk vending zone: |
---|
442 | | - | “(A) An affected Advisory Neighborhood Commission; |
---|
443 | | - | “(B) An organization incorporated under the laws of the District, the |
---|
444 | | - | members of which are sidewalk vendors; ENROLLED ORIGINAL |
---|
| 251 | + | “Sec. 9. Penalties. 190 |
---|
| 252 | + | “(a) The following violations shall be Class 1 civil infractions and subject to fines 191 |
---|
| 253 | + | pursuant to 16 DCMR § 3201: 192 |
---|
| 254 | + | “(1) Vending without an active license, site permit, or other required licenses and 193 |
---|
| 255 | + | permits pursuant to section 3(a); and 194 |
---|
| 256 | + | “(2) Knowingly altering, falsifying, or misrepresenting any license, permit, or 195 |
---|
| 257 | + | certificate required pursuant to this act, or any other applicable laws or regulations. 196 |
---|
| 258 | + | “(b) All other violations of this act and applicable street vending regulations shall be 197 |
---|
| 259 | + | categorized as Class 2, 3, 4, or 5 civil infractions. 198 |
---|
| 260 | + | “(c) Prior to issuing a notice of infraction for violations of this act and applicable 199 |
---|
| 261 | + | regulations, the Mayor may give a verbal or written warning to the violator; provided, that this 200 |
---|
| 262 | + | shall not apply to violations listed under subsection (a) of this section. 201 |
---|
| 263 | + | “(d)(1) A person who violates subsection (a)(1) of this section in the presence of an 202 |
---|
| 264 | + | enforcement officer shall identify himself or herself at the direction of the officer by giving his or 203 |
---|
| 265 | + | her true name and address. Upon request of the enforcement officer, the person shall produce 204 |
---|
| 266 | + | reasonable identification. 205 |
---|
| 267 | + | “(2) If a person refuses to produce reasonable identification pursuant to paragraph 206 |
---|
| 268 | + | (1) of this subsection, the enforcement officer may detain the person for a period of time not 207 |
---|
| 269 | + | longer than is reasonably necessary to identify the person for purposes of issuing notice of a civil 208 |
---|
| 270 | + | infraction pursuant to section 201 of the Department of Consumer and Regulatory Affairs Civil 209 ENGROSSED ORIGINAL |
---|
451 | | - | “(C) A non-profit incorporated under the laws of the District that provides |
---|
452 | | - | services or technical assistance to sidewalk vendors; |
---|
453 | | - | “(D) A citizens association incorporated under the laws of the District |
---|
454 | | - | located within the affected area; or |
---|
455 | | - | “(E) A Business Improvement District within the affected area. For |
---|
456 | | - | purposes of this paragraph, the term “Business Improvement District” shall have the same |
---|
457 | | - | meaning as set forth in section 3(7) of the Business Improvement Districts Act of 1996, effective |
---|
458 | | - | May 29, 1996 (D.C. Law 11- 134; D.C. Official Code § 2–1215.02(7)). |
---|
459 | | - | “(2) The Mayor shall solicit community input and respond in writing to a request |
---|
460 | | - | made pursuant to paragraph (1) of this subsection within 60 days of its receipt. If the request is |
---|
461 | | - | denied, the written response shall provide an explanation for the decision. |
---|
462 | | - | “(c)(1) A sidewalk vending zone shall be supervised by a sidewalk vending zone |
---|
463 | | - | manager. |
---|
464 | | - | “(2) For a sidewalk vending zone authorized by this section, and for the Columbia |
---|
465 | | - | Heights-Mount Pleasant Sidewalk Vending Zone established by section 9b, the Mayor, by and |
---|
466 | | - | through the Department of Licensing and Consumer Protection, shall contract with a non- profit |
---|
467 | | - | organization for a sidewalk vending zone manager . The organization shall meet the following |
---|
468 | | - | requirements: |
---|
469 | | - | “(A) The organization has an active business license; |
---|
470 | | - | “(B) The organization has demonstrated knowledge of and expertise in |
---|
471 | | - | vending regulations; |
---|
472 | | - | “(C) The organization has demonstrated knowledge of and expertise in |
---|
473 | | - | food safety regulations; |
---|
474 | | - | “(D) The organization provides proof of a general liability insurance |
---|
475 | | - | policy in an amount and kind as determined by the Mayor ; and |
---|
476 | | - | “(E) The organization provide s proof that it has the resources necessary to |
---|
477 | | - | supply translation services to sidewalk vendors, as needed. |
---|
478 | | - | “(3) The Mayor shall give preference to organizations that have a demonstrated |
---|
479 | | - | history of working with, or providing services and technical assistance to, sidewalk vendors. |
---|
480 | | - | “(d)(1) A sidewalk vending zone manager shall: |
---|
481 | | - | “(A) Submit a vending site plan to the Department of Licensing and |
---|
482 | | - | Consumer Protection; |
---|
483 | | - | “(B) Provide accurate contact information of any onsite personnel to each |
---|
484 | | - | vendor in a sidewalk vending zone; |
---|
485 | | - | “(C) Develop and maintain policies and procedures to respond to and |
---|
486 | | - | mediate disputes between sidewalk vendors in a sidewalk vending zone, which shall be written |
---|
487 | | - | and shall be provided to each vendor in a sidewalk vending zone in his or her preferred language ; ENROLLED ORIGINAL |
---|
| 277 | + | Infractions Act of 1985, effective October 5, 1985 (D.C. Law 6-42; D.C. Official Code § 2-210 |
---|
| 278 | + | 1802.01). 211 |
---|
| 279 | + | “(3) For purposes of this subsection, the term: 212 |
---|
| 280 | + | “(A) “Enforcement officer” means a person authorized to enforce the 213 |
---|
| 281 | + | provisions of this act; provided, that this shall not include an officer or member of the 214 |
---|
| 282 | + | Metropolitan Police Department of the District of Columbia. 215 |
---|
| 283 | + | “(B) “Reasonable identification” means any form of identification that 216 |
---|
| 284 | + | includes a person’s true name and address. 217 |
---|
| 285 | + | “(e) The Mayor shall issue a revised schedule of civil penalties for violations of this act 218 |
---|
| 286 | + | and rules promulgated pursuant to this act. The proposed schedule of civil penalties shall be 219 |
---|
| 287 | + | included with rules issued pursuant to section 11.”. 220 |
---|
| 288 | + | (f) New sections 9a, 9b, 9c, and 9d are added to read as follows: 221 |
---|
| 289 | + | “Sec. 9a. Sidewalk vending zones and licensing. 222 |
---|
| 290 | + | “(a) The Mayor may establish sidewalk vending zones through rulemaking. For each 223 |
---|
| 291 | + | sidewalk vending zone, the Mayor shall: 224 |
---|
| 292 | + | “(1) Establish vending locations, pursuant to an approved vending site plan 225 |
---|
| 293 | + | submitted by a sidewalk vending zone manager; provided, that no vending cart, stand, or table 226 |
---|
| 294 | + | shall be located within: 227 |
---|
| 295 | + | “(A) 20 feet of a driveway entrance to a police or fire station; 228 |
---|
| 296 | + | “(B) 10 feet of any other driveway; 229 ENGROSSED ORIGINAL |
---|
494 | | - | “(D) Maintain an accurate list of sidewalk vendors operating within a |
---|
495 | | - | sidewalk vending zone, including contact information and basic information on items being sold |
---|
496 | | - | by each sidewalk vendor; |
---|
497 | | - | “(E) Maintain a daily log of supervision activity, including information on |
---|
498 | | - | technical assistance provided to sidewalk vendors, mediations conducted, and corrective actions |
---|
499 | | - | taken to ensure sidewalk vendors are in compliance with the law and regulations; |
---|
500 | | - | “(F) Provide technical support to sidewalk vendors in a sidewalk vending |
---|
501 | | - | zone, as needed; |
---|
502 | | - | “(G) Take all necessary and reasonable actions to ensure that a sidewalk |
---|
503 | | - | vendor is compliant with all health laws and regulations; and |
---|
504 | | - | “(H) Successfully pass an accredited Food Protection Manager |
---|
505 | | - | Certification Program. |
---|
506 | | - | “(2)(A) A vending site plan submitted pursuant to paragraph (1)(A) of this |
---|
507 | | - | subsection shall contain a diagram of all sidewalk vending locations within the sidewalk vending |
---|
508 | | - | zone. The diagram shall include the |
---|
509 | | - | full name and license number of each vendor, as well as the |
---|
510 | | - | approximate dimensions of any cart, stand or table used by each vendor. |
---|
511 | | - | “(B) The Department shall approve or request modifications to a vending |
---|
512 | | - | site plan within 7 business days of receipt. The Department shall only request modifications to a |
---|
513 | | - | vending site plan when the plan conflicts with this act or presents an immediate and significant |
---|
514 | | - | hazard to pedestrians, cyclists, or vehicular traffic. |
---|
515 | | - | “(C) A request for modifications shall be made in writing to the sidewalk |
---|
516 | | - | vending zone manager and shall include the justification for the denial or requested |
---|
517 | | - | modifications. The Department shall respond to any proposed modifications within 7 business |
---|
518 | | - | days of receipt. |
---|
519 | | - | “(D) Any changes to a vending site plan must be approved by the |
---|
520 | | - | Department before they may be implemented. |
---|
521 | | - | “(3)(A) Th e list maintained pursuant to paragraph (1)(D) of this subsection shall |
---|
522 | | - | include the full name, license number, business address of each sidewalk vendor, and a diagram |
---|
523 | | - | of the vending location. |
---|
524 | | - | “(B) Any change of information shall be provided to the Department |
---|
525 | | - | within 24 hours of that change. |
---|
526 | | - | “(4) Any documentation required pursuant to paragraph (1) of this subsection |
---|
527 | | - | shall be made available to the Mayor timely upon request. |
---|
528 | | - | “Sec. 9b. Establishment of the Columbia Heights-Mount Pleasant Sidewalk Vending |
---|
529 | | - | Zone. |
---|
530 | | - | “(a) There is established the Columbia Heights -Mount Pleasant Sidewalk Vending Zone, |
---|
531 | | - | comprised of the geographic area bounded by a line that begins on the southwest corner of the |
---|
532 | | - | intersection of 16th Street, NW , and Fuller Avenue, NW , then north along the west side of 16th |
---|
533 | | - | Street, NW , until the southwest corner of 16th Street, NW , and Harvard Street, NW , then north ENROLLED ORIGINAL |
---|
| 303 | + | “(C) 10 feet of an alley; 230 |
---|
| 304 | + | “(D) 20 feet of a street-level entry to a Metrorail escalator; 231 |
---|
| 305 | + | “(E) 10 feet of a street-level door to a Metrorail elevator; 232 |
---|
| 306 | + | “(F) A marked loading zone, entrance zone, or parking space designated 233 |
---|
| 307 | + | for diplomatic parking, or other curbside location restricted for certain vehicles or uses; 234 |
---|
| 308 | + | “(G) 10 feet of a fire hydrant or in-ground fire standpipe; 235 |
---|
| 309 | + | “(H) 5 feet from a building’s marked fire control room; or 236 |
---|
| 310 | + | “(I) A Metrobus Stop Zone, a commuter bus zone, an intercity bus zone, 237 |
---|
| 311 | + | or other curbside zone specifically designated and demarcated as being for transit use; 238 |
---|
| 312 | + | “(2) Permit sidewalk vendors to alternate from one vending location to another 239 |
---|
| 313 | + | within the same sidewalk vending zone, pursuant to an approved vending site plan submitted by 240 |
---|
| 314 | + | a sidewalk vending zone manager; 241 |
---|
| 315 | + | “(3) Require all sidewalk vendors to conspicuously display a basic business 242 |
---|
| 316 | + | license and any other legally required permits or certificates; and 243 |
---|
| 317 | + | “(4) Require all sidewalk vendors to vend from a temporary table or a vending 244 |
---|
| 318 | + | cart that contains no motor or open fires, is able to be moved by hand, and is no more than 4 feet 245 |
---|
| 319 | + | in width and 4 feet in length, unless the vendor vends food from a vending cart, in which case the 246 |
---|
| 320 | + | vending cart shall not exceed 5 feet in width and 8 feet in length and 8 feet 6 inches in height 247 |
---|
| 321 | + | from the bottom of the tire. 248 ENGROSSED ORIGINAL |
---|
540 | | - | along the west side Harvard Street, NW , until the northwest corner of the intersection of Harvard |
---|
541 | | - | Street, NW , and Argonne Place, NW , then east along the north side of Argonne Place, NW , until |
---|
542 | | - | the northwest corner of the intersection of Argonne Place, NW , and Mount Pleasant Street, NW , |
---|
543 | | - | then north along the west side of Mount Pleasant Street, NW , until the northwest corner of the |
---|
544 | | - | intersection of Irving Street, NW , and Mount Pleasant Street, NW , then west along Irving Street, |
---|
545 | | - | NW until the southwest corner of the intersection of Irving Street, NW , and 17th Street, NW , |
---|
546 | | - | then north along |
---|
547 | | - | |
---|
548 | | - | 17th Street, NW , until the northwest corner of the intersection of |
---|
549 | | - | |
---|
550 | | - | 17th Street, |
---|
551 | | - | NW, and Park Road, NW, then east along Park Road, NW , until the northwest corner of the |
---|
552 | | - | intersection of Park Road, NW , and 14th Street, NW , then north along the west side of |
---|
553 | | - | |
---|
554 | | - | 14th |
---|
555 | | - | Street, NW , until the northwest corner of |
---|
556 | | - | |
---|
557 | | - | 14th Street, NW , and Ogden Street, NW , then north on |
---|
558 | | - | the west side of Ogden Street, NW , until the northwest corner of the intersection of Ogden |
---|
559 | | - | Street, NW , and Oak Street, NW , then east along the north side of Oak Street, NW , until the |
---|
560 | | - | northwest corner of Oak Street, NW , and 14th Street, NW , then north along the west side of 14th |
---|
561 | | - | Street, NW , until the northwest corner of the intersection of 14th Street, NW , and Spring Road, |
---|
562 | | - | NW, then south along the east side of |
---|
563 | | - | |
---|
564 | | - | 14th Street, NW, to the northeast corner of |
---|
565 | | - | |
---|
566 | | - | 14th Street, |
---|
567 | | - | NW, and Newton Street, NW, then east along the north side of Newton Street, NW , until the |
---|
568 | | - | northeast corner of the intersection of Newton Street, NW , and Holmead Place, NW , then south |
---|
569 | | - | along the east side of Holmead Place, NW , until the northeast corner of the intersection of |
---|
570 | | - | Holmead Place, NW , and Park Road, NW , then east along the north side of Park Road, NW , |
---|
571 | | - | until the northeast corner of the intersection of Park Road, NW , and 13th Street, NW , then south |
---|
572 | | - | on the east side of 13th Street, NW , until the southeast corner of the intersection of 13th Street, |
---|
573 | | - | NW, and Girard Street, NW , then east along the south side of Girard Street, NW , until the |
---|
574 | | - | southeast corner of the intersection of 15th Street, NW, and Girard Street, NW , then south along |
---|
575 | | - | the west side of 15th Street, NW , until the southeast corner of the intersection of 15th Street, |
---|
576 | | - | NW, and Fuller Street, NW , then east along the south side of Fuller Street, NW , until the |
---|
577 | | - | southwest corner of the intersection of Fuller Street, NW , and 16th Street, NW |
---|
578 | | - | “(b)(1) The Columbia Heights-Mount Pleasant Sidewalk Vending Zone shall contain the |
---|
579 | | - | following areas for the siting of vending locations : |
---|
580 | | - | “(A) Sidewalks surrounding Reservation 309, and public space in |
---|
581 | | - | Reservation 309; |
---|
582 | | - | “(B) Sidewalks surrounding Reservation 309G, and public space in |
---|
583 | | - | Reservation 309G over which the District has jurisdiction; |
---|
584 | | - | “(C) Sidewalks surrounding Reservation 310B, and public space in |
---|
585 | | - | Reservation 310B; |
---|
586 | | - | “(D) Eastern and western sidewalks of Mt. Pleasant Street, NW , between |
---|
587 | | - | Harvard Street, NW , and Park Road, NW , including all sidewalk space on: |
---|
588 | | - | “(i) The southeast corner of Mt. Pleasant Street, NW , and Lamont |
---|
589 | | - | Street, NW , and ENROLLED ORIGINAL |
---|
| 328 | + | “(b)(1) The following persons may submit a written request to the Mayor for the 249 |
---|
| 329 | + | establishment of a sidewalk vending zone, the establishment of vending spaces within a proposed 250 |
---|
| 330 | + | sidewalk vending zone, or the establishment of or changes to vending spaces within an existing 251 |
---|
| 331 | + | sidewalk vending zone: 252 |
---|
| 332 | + | “(A) An affected Advisory Neighborhood Commissions; 253 |
---|
| 333 | + | “(B) An organization incorporated under the laws of the District, the 254 |
---|
| 334 | + | members of which are sidewalk vendors; 255 |
---|
| 335 | + | “(C) A non-profit incorporated under the laws of the District that provides 256 |
---|
| 336 | + | services or technical assistance to sidewalk vendors; 257 |
---|
| 337 | + | “(D) A citizens association incorporated under the laws of the District 258 |
---|
| 338 | + | located within the affected area; or 259 |
---|
| 339 | + | “(E) A Business Improvement District within the affected area. For 260 |
---|
| 340 | + | purposes of this paragraph, the term “Business Improvement District” shall have the same 261 |
---|
| 341 | + | meaning as set forth in section 3(6) of the Business Improvement Districts Act of 1996, effective 262 |
---|
| 342 | + | May 29, 1996 (D.C. Law 11-134; D.C. Official Code § 2–1215.02(6)). 263 |
---|
| 343 | + | “(2) The Mayor shall solicit community input and respond in writing to a request 264 |
---|
| 344 | + | made pursuant to paragraph (1) of this subsection within 60 days of its receipt. If the request is 265 |
---|
| 345 | + | denied, the written response shall provide an explanation for the decision. 266 |
---|
| 346 | + | “(c)(1) A sidewalk vending zone shall be supervised by a sidewalk vending zone 267 |
---|
| 347 | + | manager. 268 ENGROSSED ORIGINAL |
---|
596 | | - | “(ii) The southeast corner of Mt. Pleasant Street, NW, and Park |
---|
597 | | - | Road, NW ; |
---|
598 | | - | “(E) Eastern and western sidewalks of 14th Street, NW , between |
---|
599 | | - | Columbia Road, NW , and Monroe Street, NW ; |
---|
600 | | - | “(F) W estern sidewalk of 14th Street, NW, between Parkwood Place, NW , |
---|
601 | | - | and Perry Place, NW ; |
---|
602 | | - | “(G) Northern sidewalk of Park Road, NW , between 14th Street, NW , and |
---|
603 | | - | Holmead Place, NW ; |
---|
604 | | - | “(H) Northern sidewalk of Monroe Street, NW , between 14th Street NW , |
---|
605 | | - | and the public alley located between Lots 21 and 144 of Square 2836; |
---|
606 | | - | “(I) Southern sidewalk of Monroe Street, NW , between 14th Street, NW , |
---|
607 | | - | and the public alley located between Lots 76 and 79 of Square 2837; |
---|
608 | | - | “(J) Northern and southern sidewalks or Irving Street, NW , between 14th |
---|
609 | | - | Street, NW , and Mt. Pleasant Street, NW; |
---|
610 | | - | “(K) Civic Plaza in Lot 834 of Square 2843, bounded by 14th Street, NW , |
---|
611 | | - | Kenyon Street, NW , and Park Road, NW ; |
---|
612 | | - | “(L) Southern sidewalk of Columbia Road, NW , between 14th Street, |
---|
613 | | - | NW, and 15th Street, NW ; and |
---|
614 | | - | “(M) Southern sidewalk of Lamont Street, NW , between Mount Pleasant |
---|
615 | | - | Street, NW , and 16th Street, NW |
---|
616 | | - | “(2) For each area listed under paragraph (1) of this subsection, the Mayor shall , |
---|
617 | | - | in coordination with a sidewalk vending zone manager and pursuant to an approved vending site |
---|
618 | | - | plan, establish vending locations at which sidewalk vendors may locate. Vending locations |
---|
619 | | - | within the Columbia Heights-Mount Pleasant Sidewalk Vending Zone shall not violate the |
---|
620 | | - | restrictions of section 9a(a)(1). |
---|
621 | | - | “(c) The Mayor may add additional areas within the boundaries of the Columbia Heights- |
---|
622 | | - | Mount Pleasant Sidewalk Vending Zone established pursuant to subsection (a) of this section for |
---|
623 | | - | the purpose of siting additional vendor locations; provided, that any additional areas shall be |
---|
624 | | - | established pursuant to an approved vending site plan. |
---|
625 | | - | “(d)(1) The Mayor shall issue a request for proposals (“RFP”) for a sidewalk vending |
---|
626 | | - | zone manager for the Columbia Heights-Mount Pleasant Sidewalk Vending Zone no later than |
---|
627 | | - | 60 days after the effective date of the Street Vendor Advancement Amendment Act of 2023, |
---|
628 | | - | passed on 2nd reading on April 4, 2023 (Enrolled version of Bill 25- 68). |
---|
629 | | - | “(2) In the process of developing the RFP, the Mayor shall solicit input from |
---|
630 | | - | sidewalk vendors and community-based organizations and non- profits providing technical |
---|
631 | | - | assistance or legal services to vendors. |
---|
632 | | - | “(e)(1) The Mayor shall execute a contract with an entity selected through the RFP |
---|
633 | | - | process set forth in subsection (c) of this section no later than 120 days after the effective date of ENROLLED ORIGINAL |
---|
| 354 | + | “(2) For a sidewalk vending zone authorized by this section, and for the Columbia 269 |
---|
| 355 | + | Heights-Mount Pleasant Sidewalk Vending Zone established by section 9b, the Mayor, by and 270 |
---|
| 356 | + | through the Department of Licensing and Consumer Protection, shall contract with a non-profit 271 |
---|
| 357 | + | organization for a sidewalk vending zone manager. The organization shall meet the following 272 |
---|
| 358 | + | requirements: 273 |
---|
| 359 | + | “(A) The organization has an active business license; 274 |
---|
| 360 | + | “(B) The organization has demonstrated knowledge of and expertise in 275 |
---|
| 361 | + | vending regulations; 276 |
---|
| 362 | + | “(C) The organization has demonstrated knowledge of and expertise in 277 |
---|
| 363 | + | food safety regulations; 278 |
---|
| 364 | + | “(D) The organization provides proof of a general liability insurance 279 |
---|
| 365 | + | policy in an amount and kind as determined by the Mayor; and 280 |
---|
| 366 | + | “(E) The organization provides proof that it has the resources necessary to 281 |
---|
| 367 | + | supply translation services to sidewalk vendors, as needed. 282 |
---|
| 368 | + | “(3) The Mayor shall give preference to organizations that have a demonstrated 283 |
---|
| 369 | + | history of working with, or providing services and technical assistance to, sidewalk vendors. 284 |
---|
| 370 | + | “(d)(1) A sidewalk vending zone manager shall: 285 |
---|
| 371 | + | “(A)(i) Submit a vending site plan to the Department of Licensing and 286 |
---|
| 372 | + | Consumer Protection. The vending site plan shall contain a diagram of all sidewalk vending 287 |
---|
| 373 | + | locations within the sidewalk vending zone. The diagram shall include the full name and license 288 ENGROSSED ORIGINAL |
---|
640 | | - | the Street Vendor Advancement Amendment Act of 2023, passed on 2nd reading on April 4, |
---|
641 | | - | 2023 (Enrolled version of Bill 25- 68). |
---|
642 | | - | “(2) If a contract with a sidewalk vending zone manager is not executed within |
---|
643 | | - | 120 days following effective date of the Street Vendor Advancement Amendment Act of 2023, |
---|
644 | | - | passed on 2nd reading on April 4, 2023 (Enrolled version of Bill 25- 68), sidewalk vendors shall |
---|
645 | | - | be able to locate and operate in areas of the Columbia Heights -Mount Pleasant Sidewalk |
---|
646 | | - | Vending Zone. |
---|
647 | | - | “Sec. 9c . Street vending amnesty program. |
---|
648 | | - | “(a) There is established an amnesty program for any person applying to be a street |
---|
649 | | - | vendor who is liable for delinquent: |
---|
650 | | - | “(1) Fines for violations of this act and rules from 2010 to the effective date of the |
---|
651 | | - | Street Vendor Advancement Amendment Act of 2023, passed on 2nd reading on April 4, 2023 |
---|
652 | | - | (Enrolled version of Bill 25- 68), including any accrued interest or penalties; and |
---|
653 | | - | “(2) Minimum sales tax payments owed pursuant to D.C. Official Code § 47 - |
---|
654 | | - | 2002.01 from 2010 to the effective date of the Street Vendor Advancement Amendment Act of |
---|
655 | | - | 2023, passed on 2nd reading on April 4, 2023 (Enrolled version of Bill 25- 68), including any |
---|
656 | | - | accrued interest or penalties, pursuant to D.C. Official Code § 47- 2002.01(e). |
---|
657 | | - | “(b) The amnesty program shall be available for 5 years following its establishment. |
---|
658 | | - | “(c) A person may participate in the amnesty program by fil ing an application for |
---|
659 | | - | amnesty with the Mayor that includes: |
---|
660 | | - | “(1) A basic business license application; |
---|
661 | | - | “(2) A vending site permit application for a sidewalk vending location; |
---|
662 | | - | “(3) A copy of each unpaid citation received by the applicant, and the amount |
---|
663 | | - | owed by the applicant for each citation; and |
---|
664 | | - | “(4) Documentation verifying the amount of delinquent minimum sales tax, |
---|
665 | | - | interest, and penalties owed to the Office of Tax and Revenue. |
---|
666 | | - | “(d) While the amnesty program is accepting applications, the Mayor shall publicize the |
---|
667 | | - | terms and conditions of the amnesty program. |
---|
668 | | - | “(e) For purposes of this section, the term “street vendor” means a person licensed to |
---|
669 | | - | vend from a sidewalk, roadway, or other public space pursuant to section 3 . |
---|
670 | | - | “Sec. 9d. Columbia Heights -Mount Pleasant public asset and vendor support study. |
---|
671 | | - | “(a) The Mayor shall commission a study to: |
---|
672 | | - | “(1) Identify potential spaces for the storage and servicing of sidewalk vending |
---|
673 | | - | carts within or near the Columbia Heights-Mount Pleasant Sidewalk Vending Zone, including |
---|
674 | | - | any cost estimates for acquiring the space and making necessary improvements; |
---|
675 | | - | “(2) Identify potential locations for the siting of public restroom facilities within |
---|
676 | | - | or near the Columbia Heights-Mount Pleasant Sidewalk Vending Zone, including cost estimates |
---|
677 | | - | of any work that would be required to construct a public restroom facility; ENROLLED ORIGINAL |
---|
| 380 | + | number of each vendor, as well as the approximate dimensions of any cart, stand or table used by 289 |
---|
| 381 | + | each vendor; 290 |
---|
| 382 | + | “(ii) The Department shall approve or request modifications to a 291 |
---|
| 383 | + | vending site plan within 7 business days of receipt. The Department shall only request 292 |
---|
| 384 | + | modifications to a vending site plan when the plan conflicts with this act or presents an 293 |
---|
| 385 | + | immediate and significant hazard to pedestrians, cyclists or vehicular traffic; 294 |
---|
| 386 | + | “(iii) A request for modifications shall be made in writing to the 295 |
---|
| 387 | + | sidewalk vending zone manager and shall include the justification for the denial or requested 296 |
---|
| 388 | + | modifications. The Department shall respond to any proposed modifications within 7 business 297 |
---|
| 389 | + | days of receipt; 298 |
---|
| 390 | + | “(iv) Any changes to a vending site plan must be approved by the 299 |
---|
| 391 | + | Department before they may be implemented; 300 |
---|
| 392 | + | “(B) Provide accurate contact information of any onsite personnel to each 301 |
---|
| 393 | + | vendor in a sidewalk vending zone; 302 |
---|
| 394 | + | “(C) Develop and maintain policies and procedures to respond to and 303 |
---|
| 395 | + | mediate disputes between sidewalk vendors in a sidewalk vending zone. The policies and 304 |
---|
| 396 | + | procedures shall be written and shall be provided to each vendor in a sidewalk vending zone in 305 |
---|
| 397 | + | his or her preferred language; 306 |
---|
| 398 | + | “(D) Maintain an accurate list of sidewalk vendors operating within a 307 |
---|
| 399 | + | sidewalk vending zone, including contact information and basic information on items being sold 308 ENGROSSED ORIGINAL |
---|
684 | | - | “(3) Make recommendations for capital improvements at areas within the |
---|
685 | | - | Columbia Heights-Mount Pleasant Sidewalk Vending Zone to better accommodate vending |
---|
686 | | - | activity and pedestrian access; and |
---|
687 | | - | “(4) Identify potential locations for an indoor vending market within or near the |
---|
688 | | - | Columbia Heights-Mount Pleasant Sidewalk Vending Zone, including cost estimates for acquiring the land if necessary. |
---|
689 | | - | “(b) The Mayor shall submit the study required pursuant to paragraph (1) no later than |
---|
690 | | - | one year after the applicability date of the Street Vendor Advancement Amendment Act of 2023, |
---|
691 | | - | passed on 2nd reading on April 4, 2023 (Enrolled version of Bill 25-68).”. |
---|
692 | | - | Sec. 4. Conforming Amendment. Section 47-2002.01 of the D.C. Official Code is amended by adding a new subsection (e) |
---|
693 | | - | that reads as follows: |
---|
694 | | - | “(e)(1) Notwithstanding §§ 47-4221 and 47-4222, the Chief Financial Officer shall abate |
---|
695 | | - | any unpaid portion of the assessment of the minimum tax (or a liability in respect of a minimum tax) imposed by this section and certified by the Mayor as eligible for abatement pursuant to § 37-131.08c. |
---|
696 | | - | “(2) The Mayor shall certify to the Chief Financial Officer each taxpayer eligible |
---|
697 | | - | for an abatement of minimum tax imposed by this section and any interest or penalties imposed under this title. The certification shall identify: |
---|
698 | | - | “(A) The specific taxpayer (including taxpayer identification number and |
---|
699 | | - | District sales tax account number); |
---|
700 | | - | “(B) The amount of any such abatement of minimum tax, interest, and |
---|
701 | | - | penalty to be abated; |
---|
702 | | - | “(C) The relevant tax periods subject to abatement; and “(D) Such other information as the Chief Financial Officer shall require. |
---|
703 | | - | “(3) The tax periods eligible for abatement under this subsection are the quarter |
---|
704 | | - | ending March 31, 2010 through the quarter ending immediately after the effective date of the |
---|
705 | | - | Street Vendor Advancement Amendment Act of 2023, passed on 2nd reading on April 4, 2023 (Enrolled version of Bill 25-68). |
---|
706 | | - | “(4) All requests for abatement under this subsection must be filed by the |
---|
707 | | - | taxpayer with the Chief Financial Officer on or before September 30, 2028, in the manner and form prescribed by the Chief Financial Officer. |
---|
708 | | - | “(5) Nothing in this subsection shall be construed as authorizing an abatement or |
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709 | | - | refund of any minimum tax, interest, or penalties previously paid.”. ENROLLED ORIGINAL |
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| 406 | + | by each sidewalk vendor. This list shall include the full name, license number, business address 309 |
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| 407 | + | of each sidewalk vendor, and a diagram of the vending location. Any change of information shall 310 |
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| 408 | + | be provided to the Department within 24 hours of that change; 311 |
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| 409 | + | “(E) Maintain a daily log of supervision activity, including information on 312 |
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| 410 | + | technical assistance provided to sidewalk vendors, mediations conducted, and corrective actions 313 |
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| 411 | + | taken to ensure sidewalk vendors are in compliance with the law and regulations; 314 |
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| 412 | + | “(F) Provide technical support to sidewalk vendors in a sidewalk vending 315 |
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| 413 | + | zone, as needed; and 316 |
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| 414 | + | “(G) Take all necessary and reasonable actions to ensure that a sidewalk 317 |
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| 415 | + | vendor is compliant with all health laws and regulations. 318 |
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| 416 | + | “(2) Any documentation required pursuant to paragraph (1) of this subsection 319 |
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| 417 | + | shall be made available to the Mayor timely upon request. 320 |
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| 418 | + | “Sec. 9b. Establishment of the Columbia Heights-Mount Pleasant Sidewalk Vending 321 |
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| 419 | + | Zone. 322 |
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| 420 | + | “(a) There is established the Columbia Heights-Mount Pleasant Sidewalk Vending Zone, 323 |
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| 421 | + | comprised of the geographic area bounded by a line that begins on the southwest corner of the 324 |
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| 422 | + | intersection of 16 |
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| 423 | + | th |
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| 424 | + | Street, N.W., and Fuller Avenue, N.W., then north along the west side of 16 |
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| 425 | + | th |
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| 426 | + | 325 |
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| 427 | + | Street, N.W., until the southwest corner of 16 |
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| 428 | + | th |
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| 429 | + | Street, N.W., and Harvard Street, N.W., then 326 |
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| 430 | + | north along the west side Harvard Street, N.W., until the northwest corner of the intersection of 327 |
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| 431 | + | Harvard Street, N.W., and Argonne Place, N.W., then east along the north side of Argonne Place, 328 ENGROSSED ORIGINAL |
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749 | | - | _________________________________ |
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750 | | - | Mayor |
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751 | | - | District of Columbia |
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| 494 | + | Girard Street, N.W., until the southeast corner of the intersection of 15 |
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| 495 | + | th |
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| 496 | + | Street, N.W., and Girard 349 |
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| 497 | + | Street, N.W., then south along the west side of 15 |
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| 498 | + | th |
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| 499 | + | Street, N.W., until the southeast corner of the 350 |
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| 500 | + | intersection of 15 |
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| 501 | + | th |
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| 502 | + | Street, N.W., and Fuller Street , N.W., then east along the south side of Fuller 351 |
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| 503 | + | Street, N.W., until the southwest corner of the intersection at Fuller Street, N.W., and 16 |
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| 504 | + | th |
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| 505 | + | Street, 352 |
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| 506 | + | N.W. 353 |
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| 507 | + | “(b)(1) The Columbia Heights-Mount Pleasant Sidewalk Vending Zone shall contain the 354 |
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| 508 | + | following areas for the siting of vending locations: 355 |
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| 509 | + | “(A) Sidewalks surrounding Reservation 309, and public space in 356 |
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| 510 | + | Reservation 309; 357 |
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| 511 | + | “(B) Sidewalks surrounding Reservation 309G, and public space in 358 |
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| 512 | + | Reservation 309G over which the District has jurisdiction; 359 |
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| 513 | + | “(C) Sidewalks surrounding Reservation 310B, and public space in 360 |
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| 514 | + | Reservation 310B; 361 |
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| 515 | + | “(D) Eastern and western sidewalks of Mt. Pleasant Street, N.W., between 362 |
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| 516 | + | Harvard Street, N.W., and Park Road, N.W., including all sidewalk space on: 363 |
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| 517 | + | (i) The southeast corner of Mt. Pleasant Street, N.W., and Lamont 364 |
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| 518 | + | Street, N.W., and 365 |
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| 519 | + | “(ii) The southeast corner of Mt. Pleasant Street, N.W., and Park 366 |
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| 520 | + | Road, N.W.; 367 ENGROSSED ORIGINAL |
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| 523 | + | |
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| 524 | + | |
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| 525 | + | 19 |
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| 526 | + | |
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| 527 | + | “(E) Eastern and western sidewalks of 14th Street, N.W., between 368 |
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| 528 | + | Columbia Road, N.W., and Monroe Street, N.W.; 369 |
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| 529 | + | “(F) The western sidewalk of 14th Street, N.W., between Parkwood Place, 370 |
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| 530 | + | N.W., and Perry Place, N.W.; 371 |
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| 531 | + | “(G) Northern sidewalk of Park Road, N.W., between 14th Street, N.W., 372 |
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| 532 | + | and Holmead Place, N.W.; 373 |
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| 533 | + | “(H) Northern sidewalk of Monroe Street, N.W., between 14th Street 374 |
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| 534 | + | N.W., and the public alley located between Lots 21 and 144 of Square 2836; 375 |
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| 535 | + | “(I) Southern sidewalk of Monroe Street, N.W., between 14th Street, 376 |
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| 536 | + | N.W., and the public alley located between Lots 76 and 79 of Square 2837; 377 |
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| 537 | + | “(J) Northern and southern sidewalks or Irving Street, N.W., between 14th 378 |
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| 538 | + | Street, N.W., and Mt. Pleasant Street, N.W.; 379 |
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| 539 | + | “(K) Civic Plaza in Lot 834 of Square 2843, bounded by 14th Street, 380 |
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| 540 | + | N.W., Kenyon Street, N.W., and Park Road, N.W.; 381 |
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| 541 | + | “(L) Southern sidewalk of Columbia Road, N.W., between 14th Street, 382 |
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| 542 | + | N.W., and 15th Street, N.W.; and 383 |
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| 543 | + | “(M) Southern sidewalk of Lamont Street, N.W., between Mount Pleasant 384 |
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| 544 | + | Street, N.W., and 16th Street, N.W. 385 |
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| 545 | + | “(2) For each area listed under paragraph (1) of this subsection, the Mayor shall, 386 |
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| 546 | + | in coordination with a sidewalk vending zone manager and pursuant to an approved vending site 387 ENGROSSED ORIGINAL |
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| 547 | + | |
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| 548 | + | |
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| 549 | + | |
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| 550 | + | |
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| 551 | + | 20 |
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| 552 | + | |
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| 553 | + | plan, establish vending locations at which sidewalk vendors may locate. Vending locations 388 |
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| 554 | + | within the Columbia Heights-Mount Pleasant Sidewalk Vending Zone shall not violate the 389 |
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| 555 | + | restrictions of section 9a(a)(1). 390 |
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| 556 | + | “(c) The Mayor may add additional areas within the boundaries of the Columbia Heights-391 |
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| 557 | + | Mount Pleasant Sidewalk Vending Zone established pursuant to subsection (a) of this section for 392 |
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| 558 | + | the purpose of siting additional vendor locations; provided, that any additional areas shall be 393 |
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| 559 | + | established pursuant to an approved vending site plan. 394 |
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| 560 | + | “(d)(1) The Mayor shall issue a request for proposals (“RFP”) for a sidewalk vending 395 |
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| 561 | + | zone manager for the Columbia Heights-Mount Pleasant Sidewalk Vending Zone no later than 396 |
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| 562 | + | 60 days after the effective date of the Street Vendor Advancement Amendment Act of 2023. 397 |
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| 563 | + | “(2) In the process of developing the RFP, the Mayor shall solicit input from 398 |
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| 564 | + | sidewalk vendors and community-based organizations and non-profits providing technical 399 |
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| 565 | + | assistance or legal services to vendors. 400 |
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| 566 | + | “(e)(1) The Mayor shall execute a contract with an entity selected through the RFP 401 |
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| 567 | + | process set forth in subsection (c) of this section no later than 120 days after the effective date of 402 |
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| 568 | + | the Street Vendor Advancement Amendment Act of 2023. 403 |
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| 569 | + | “(2) If a contract with a sidewalk vending zone manager is not executed within 404 |
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| 570 | + | 120 days following effective date of the Street Vendor Advancement Amendment Act of 2023, 405 |
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| 571 | + | sidewalk vendors shall be able to locate and operate in areas of the Columbia Heights-Mount 406 |
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| 572 | + | Pleasant Sidewalk Vending Zone. 407 ENGROSSED ORIGINAL |
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| 573 | + | |
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| 574 | + | |
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| 575 | + | |
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| 576 | + | |
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| 577 | + | 21 |
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| 578 | + | |
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| 579 | + | “Sec. 9c. Street vending amnesty program. 408 |
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| 580 | + | “(a) There is established an amnesty program for any person applying to be a street 409 |
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| 581 | + | vendor who is liable for delinquent: 410 |
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| 582 | + | “(1) Fines for violations of this chapter and rules from 2010 to the effective date 411 |
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| 583 | + | of the Street Vendor Advancement Amendment Act of 2023, including any accrued interest; and 412 |
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| 584 | + | “(2) Minimum sales tax payments owed pursuant to § 47-2002.01 from 2010 to 413 |
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| 585 | + | the effective date of the Street Vendor Advancement Amendment Act of 2023, including any 414 |
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| 586 | + | accrued interest. 415 |
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| 587 | + | “(b) The amnesty program shall be available for 5 years following its establishment. 416 |
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| 588 | + | “(c) A person may participate in the amnesty program by filing an application for 417 |
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| 589 | + | amnesty with the Mayor that includes: 418 |
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| 590 | + | “(1) A basic business license application; 419 |
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| 591 | + | “(2) A vending site permit application for a sidewalk vending location; 420 |
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| 592 | + | “(3) A copy of each unpaid citation received by the applicant, and the amount 421 |
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| 593 | + | owed by the applicant for each citation; and 422 |
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| 594 | + | “(4) Documentation verifying the amount of delinquent minimum sales tax owed 423 |
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| 595 | + | to the Office of Tax and Revenue. 424 |
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| 596 | + | “(d) While the amnesty program is accepting applications, the Mayor shall publicize the 425 |
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| 597 | + | terms and conditions of the amnesty program. 426 ENGROSSED ORIGINAL |
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| 598 | + | |
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| 599 | + | |
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| 600 | + | |
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| 601 | + | |
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| 602 | + | 22 |
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| 603 | + | |
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| 604 | + | “(e) For purposes this section, the term “street vendor” means a person licensed to vend 427 |
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| 605 | + | from a sidewalk, roadway, or other public space pursuant to section 3. 428 |
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| 606 | + | “Sec. 9d. Columbia Heights-Mount Pleasant public asset and vendor support study. 429 |
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| 607 | + | “(a) The Mayor shall commission a study to: 430 |
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| 608 | + | “(1) Identify potential spaces for the storage and servicing of sidewalk vending 431 |
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| 609 | + | carts within or near the Columbia Heights-Mount Pleasant Sidewalk Vending Zone, including 432 |
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| 610 | + | any cost estimates for acquiring the space and making necessary improvements; 433 |
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| 611 | + | “(2) Identify potential locations for the siting of public restroom facilities within 434 |
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| 612 | + | or near the Columbia Heights-Mount Pleasant Sidewalk Vending Zone, including cost estimates 435 |
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| 613 | + | of any work that would be required to construct a public restroom facility; 436 |
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| 614 | + | “(3) Recommendations for capital improvements at areas within the Columbia 437 |
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| 615 | + | Heights-Mount Pleasant Sidewalk Vending Zone to better accommodate vending activity and 438 |
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| 616 | + | pedestrian access; and 439 |
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| 617 | + | “(4) Identify potential locations for an indoor vending market within or near the 440 |
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| 618 | + | Columbia Heights-Mount Pleasant Sidewalk Vending Zone, including cost estimates for 441 |
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| 619 | + | acquiring the land if necessary. 442 |
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| 620 | + | “(b) The Mayor shall submit the study required pursuant to paragraph (1) no later than 443 |
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| 621 | + | one year after the effective date of the Street Vendor Advancement Amendment Act of 2023.”. 444 |
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| 622 | + | Sec. 4. Applicability. 445 ENGROSSED ORIGINAL |
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| 623 | + | |
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| 624 | + | |
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| 625 | + | |
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| 626 | + | |
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| 627 | + | 23 |
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| 628 | + | |
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| 629 | + | (a) This act shall apply upon the date of inclusion of their fiscal effect in an approved 446 |
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| 630 | + | budget and financial plan. 447 |
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| 631 | + | (b) The Chief Financial Officer shall certify the date of the inclusion of the fiscal effect in 448 |
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| 632 | + | an approved budget and financial plan, and provide notice to the Budget Director of the Council 449 |
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| 633 | + | of the certification. 450 |
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| 634 | + | (c)(1) The Budget Director shall cause the notice of the certification to be published in 451 |
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| 635 | + | the District of Columbia Register. 452 |
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| 636 | + | (2) The date of publication of the notice of the certification shall not affect the 453 |
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| 637 | + | applicability of this act. 454 |
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| 638 | + | Sec. 4. Fiscal impact statement. 455 |
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| 639 | + | The Council adopts the fiscal impact statement in the committee report as the fiscal 456 |
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| 640 | + | impact statement required by section 4a of the General Legislative Procedures Act of 1975, 457 |
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| 641 | + | approved October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a). 458 |
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| 642 | + | Sec. 5. Effective date. 459 |
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| 643 | + | This act shall take effect after approval by the Mayor (or in the event of veto by the 460 |
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| 644 | + | Mayor, action by the Council to override the veto), a 30-day period of congressional review as 461 |
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| 645 | + | provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December 462 |
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| 646 | + | 24, 1973 (87 Stat. 813; D.C. Official Code § 1-206.02(c)(1)), and publication in the District of 463 |
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| 647 | + | Columbia Register. 464 |
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