District Of Columbia 2023-2024 Regular Session

District Of Columbia Council Bill B25-0068 Compare Versions

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8-AN ACT
9-
10-___________
11-
12-IN THE COUNCIL OF THE DISTRICT OF COLUMBIA
13-
14-___________________
15-
16-
17-To amend the Department of Health Functions Clarification Act of 2001 to create a permit for
18-microenterprise home kitchen businesses in the District, to allow businesses otherwise
19-eligible to be a vendor to apply for a microenterprise home kitchen permit, to limit the
20-requirements the Department of Health can impose for a micro enterprise home kitchen
21-permit; to amend the Vending Regulation Act of 2009 to provide for new definitions, to
22-establish hours of operation for vendors, to prohibit criminal background checks for
23-vendors, to establish food cart design standards and processes for approved food cart
24-design approval by the Department of Health, to provide for locations at which food
25-vending carts may be serviced and stored, to establish fees for a business license, site
26-permit, and certain vending lotteries; to remove criminal penalties for a violation of the
27-act or vending regulations and require a revised schedule of penalties , to provide civil
28-enforcement officers the authority to request reasonable identification for individuals who
29-vend without a license, to allow the Mayor to establish sidewalk vending zones and to
30-prescribe specific requirements for sidewalk vending zones, to establish specific
31-requirements for sidewalk vending zone managers and to require the Mayor to issue a
32-request for proposals for any sidewalk vending zone manager, to establish the Columbia
33-Heights-Mount Pleasant Sidewalk Vending Zone and to require the Mayor to issue a
34-request for proposals and execute a contract within a specific period of time for a
35-sidewalk vending zone manager within the Columbia Heights-Mount Pleasant Sidewalk
36-Vending Zone, to establish an amnesty program for street vendors that will waive
37-delinquent debts incurred by vendors, and to require the May or to commission a study to
38-identify spaces, locations and improvements that can be made to better accommodate
39-vending activity within or near the Columbia Heights-Mount Pleasant Sidewalk Vending
40-Zone; and to amend section 47-2002.01 of the D.C. Official Code to authorize the Chief
41-Financial Officer to provide amnesty for street vendors liable for delinquent minimum
42-sales tax payments in coordination with the Department of Licensing and Consumer
43-Protection.
44-
45- BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this
46-act may be cited as the “Street Vendor Advancement Amendment Act of 2023”. ENROLLED ORIGINAL
8+A BILL 1
9+ 2
10+25-68 3
11+ 4
12+IN THE COUNCIL OF THE DISTRICT OF COLUMBIA 5
13+ 6
14+ 7
15+ 8
16+To amend the Department of Health Functions Clarification Act of 2001 to revise the definition 9
17+of cottage food products and amend packaging and labeling requirements for food 10
18+produced by cottage food businesses; to amend the Vending Regulation Act of 2009 to 11
19+provide for new definitions; to establish hours of operation for vendors; to prohibit 12
20+criminal background checks for vendors; to establish food cart design standards and 13
21+processes for approved food cart design approval by the Department of Health; to provide 14
22+for locations at which food vending carts may be serviced and stored; to establish fees for 15
23+a business license, site permit, and certain vending lotteries; to remove criminal penalties 16
24+for a violation of the act or vending regulations and require a revised schedule of 17
25+penalties; to provide civil enforcement officers the authority to request reasonable 18
26+identification for individuals who vend without a license; to allow the Mayor to establish 19
27+Sidewalk Vending Zones and to prescribe specific requirements for sidewalk vending 20
28+zones; to establish specific requirements for sidewalk vending zone managers and to 21
29+require the Mayor to issue a request for proposals for any sidewalk vending zone 22
30+manager; to establish the Columbia Heights-Mount Pleasant Sidewalk Vending Zone and 23
31+require the Mayor to issue a request for proposals and execute a contract within a specific 24
32+period of time for a sidewalk vending zone manager within the Columbia Heights-Mount 25
33+Pleasant Sidewalk Vending Zone; to establish an amnesty program for street vendors that 26
34+will waive delinquent debts incurred by vendors; and to require the Mayor to commission 27
35+a study to identify spaces, locations and improvements that can be made to better 28
36+accommodate vending activity within or near the Columbia Heights-Mount Pleasant 29
37+Sidewalk Vending Zone. 30
38+ 31
39+ BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this 32
40+act may be cited as the “Street Vendor Advancement Amendment Act of 2023.”. 33 ENGROSSED ORIGINAL
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53-
54- Sec. 2. The Department of Health Functions Clarification Act of 2001, effective October
55-3, 2001 (D.C. Law 14- 28;
56- D.C. Official Code § 7- 731 et seq .), is amended by adding a new
57-subtitle C -i to read as follows:
58- “Subtitle C-i. Microenterprise Home Kitchens.
59- “Sec. 4935. Definitions.
60- “For the purposes of this subtitle, the term:
61-“(1) “Department” means the Department of Health.
62-“(2) “Food establishment” shall have the same meaning as provided in section
63-2(5) of An Act Relating to the adulteration of foods and drugs in the District of Columbia,
64-approved February 17, 1898 (30 Stat. 246; D.C. Official Code § 48- 102(5)).
65-“(3) “Microenterprise home kitchen business means a business that:
66-“(A) Operates out of a non-commercial kitchen facility located in a private
67-home and is operated by a resident of the home where ready- to-eat food is handled, stored, or
68-prepared to be offered for sale;
69-“(B) Sells ready-to-eat food products directly to consumers in accordance
70-with section 4936 and regulations adopted by the Department of Health;
71-“(C) Has obtained a home occupancy permit from the Department of
72-Licensing and Consumer Protection pursuant to section 203 of Title 11 of the District of
73-Columbia Municipal Regulations (11 DCMR § 203);
74-“(D) Does not prepare food with processes that require a Hazard Analysis
75-and Critical Control Point (HACCP) Plan pursuant to section 4202 of Title 25- A of the District
76-of Columbia Municipal Regulations (25- A DCMR § 4202);
77-“(E) Does not include food manufacturing, and does not prepare alcohol -
78-infused food products or food products containing cannabis, CBD, Kava, Kratom or any other
79-unapproved food additive;
80-“(F) Is not a catering business, cottage food business, bed and breakfast,
81-residence- based group home facility, or food truck;
82-“(G) Meets labeling requirements set forth in rules issued by the
83-Department; and
84-“(H) Has applied for and is otherwise eligible for a vending site permit
85-under the Vending Regulation Act of 2009, effective October 22, 2009 (D.C. Law 18- 71; D.C.
86-Official Code § 37- 131.01 et seq .).
87-“(4) “Microenterprise home kitchen permit” means a permit issued by the
88-Department to an operator for the purpose of operating a microenterprise home kitchen business.
89-“(5) “Operator” means an individual who resides in the private home and who
90-manages or controls the microenterprise home kitchen business.
91-“(6) “Ready-to-eat food” means: ENROLLED ORIGINAL
47+ Sec. 2. Part C of The Department of Health Functions Clarification Act of 2001, effective 34
48+January 25, 2014 (D.C. Law 20-63; D.C. Official Code § 7-742.01 et seq.), is amended as 35
49+follows: 36
50+ (a) Section 4931(3) (D.C. Official Code § 7–742.01(3)) is amended to read as follows: 37
51+ “(3) “Cottage food product” means food that is prepared, processed, or packaged 38
52+in a cottage food business and sold directly to consumers, including through direct, retail, and 39
53+online sales, within the District of Columbia. For purposes of this paragraph, the term cottage 40
54+food product shall not include uncooked or raw meat products, or raw dairy products.”. 41
55+ (b) Section 4932(c) (D.C. Official Code § 7–742.02(c)) is amended to read as follows: 42
56+ “(c)(1) The owner of a cottage food business may sell only cottage food products that are 43
57+prepared, processed, and stored on the premises. 44
58+ “(2) For any pre-packaged cottage food products, a label must be affixed to the 45
59+package that contains the following information: 46
60+ “(A) The cottage food business identification number; 47
61+ “(B) The name of the cottage food product; 48
62+ “(C) The ingredients of the cottage food product; 49
63+ “(D) Allergen information as specified by federal labeling requirements; 50
64+ “(E) If any nutritional claim is made, nutritional information as specified 51
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
99-vegetables;
100-“(B) Raw fruit and vegetables that are washed and offered for sale whole
101-or chopped;
102-“(C) Any other time or temperature control food that is cooked to the
103-temperature and time required for the specific food in accordance with regulations made by the
104-Department; or
105-“(D) A bakery item for which further cooking is not required for food
106-safety.
107-“(7) “Time or temperature control food” means food that requires time or
108-temperature controls for safety to limit pathogenic microorganism growth or toxin formation.
109- “Sec. 4936. Microenterprise Home Kitchen Businesses.
110- “(a) This section shall not:
111-“(1) Apply to a food establishment that is required to have a license under
112-Department regulations; or
113-“(2) Exempt a microenterprise home kitchen business from any applicable District
114-or federal tax laws.
115- “(b) The Department shall develop a microenterprise home kitchen permit and develop
116-standards and regulations relating to the requirements of this permit.
117- “(c) A microenterprise home kitchen business shall register with the Department before
118-beginning operation.
119- “(d) The Department may perform a pre-operational inspection of the microenterprise
120-home kitchen business before that business begins operation.
121- “(e)(1) The Department may enter the premises of a microenterprise home kitchen
122-business with a permit issued by the Department during the operating hours of the
123-microenterprise home kitchen to conduct:
124-“(A) Scheduled pre-operational and compliance inspections with
125-reasonable advance notice of the inspection; or
126-“(B) Unannounced inspections when the Department has a valid reason,
127-which could include a consumer complaint, to suspect that a microenterprise home kitchen poses
128-an imminent health hazard or is the source of an adulterated food or of an outbreak of illness
129-caused by a contaminated food.
130-“(2) The Department shall document the reason for any inspection after an initial
131-inspection, keep a copy of the documentation on file with the microenterprise home kitchen’s
132-permit, and provide a copy of that documentation to the operator.
133- “(f) An operator may qualify for a microenterprise home kitchen permit; provided, that:
134-“(1) Food that is prepared at the microenterprise home kitchen is handled, stored,
135-and prepared in compliance with Department regulations; ENROLLED ORIGINAL
72+ “(F) The following statement printed in 10-point or larger type in a color 53
73+that provides a clear contrast to the background of the label: “Made by a cottage food business 54
74+that is not subject to the District of Columbia's food safety regulations.” 55
75+ “(3) For any cottage food products that are difficult to properly label or package, 56
76+or for any cottage food products that will be sold through a vending cart and are not pre-57
77+packaged, the owner of the cottage food business must have a receipt, placard or signage in 58
78+easily readable type at the point-of-sale that contains the information required for pre-packaged 59
79+food items in paragraph (2) of this subsection.”. 60
80+ Sec. 3. The Vending Regulation Act of 2009, effective October 22, 2009 (D.C. Law 18-61
81+71; D.C. Official Code § 37-131.01 et seq.) is amended as follows: 62
82+ (a) Section 2 (D.C. Official Code § 37-131.01) is amended to read as follows: 63
83+ For purposes of this chapter, the term: 64
84+ “(1) “Fund” means the Vending Regulation Fund established by section 8(b). 65
85+ “(2) “Public market” means a vending operation that takes place in an area of 66
86+public space set aside and permitted on a regular basis for the sale of goods, merchandise, or 67
87+services provided onsite, including a farmers market, flea market, or antique market. 68
88+ “(3) “Sidewalk vending zone” means a geographically defined area with 3 or 69
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
143-kitchen meets the requirements established by the Department;
144-“(3) The operator provides written standard operating procedures to the
145-Department that include:
146-“(A) Proposed procedures and methods for how all food will be stored,
147-handled, and prepared;
148-“(B) Proposed procedures and methods of food preparation and handling;
149-“(C) Procedures, methods, and schedules for cleaning utensils and
150-equipment;
151-“(D) Procedures and methods for the disposal of refuse; and
152-“(E) A plan for maintaining time or temperature control food at the
153-appropriate temperatures for each time or temperature control food.
154-“(4) The operator operates only during the hours and only prepares the food items
155-approved in the microenterprise home kitchen permit;
156-“(5) The operator provides notification to the consumer that, while a permit has
157-been issued by the Department, the kitchen does not meet all of the requirements of a
158-commercial retail food establishment; and
159-“(6) The operator successfully passes a nationally accredited Certified Food
160-Protection Manager Course approved by the Department and obtains a District-issued Certified
161-Food Protection Manager Certificate.
162- “(g) An operator can apply to amend their permit by submitting a written proposal in a
163-format determined in rules developed by the Department;
164- “(h) The Department shall not require, as a condition of obtaining a microenterprise home
165-kitchen permit, that an operator:
166-“(1) Rent or lease space at a commercial kitchen outside of their home;
167-“(2) Rent or purchase equipment, utensils, or display containers or equipment,
168-other than what is required for safe storage, handling, and preparation of the food offered for
169-sale;
170-“(3) Have additional hand- washing facilities in their home, except to require that
171-a hand washing station supplied with warm water and soap be conveniently located in food
172-preparation, food dispensing, and warewashing areas;
173-“(4) Have additional kitchen sinks, except to require that the kitchen sink has hot
174-and cold water and is fully operational;
175-“(5) Limit the individuals permitted in food preparation areas, food storage areas,
176-and washing areas, except during food preparation;
177-“(6) Limit the presence of animals in the home, except to require that all animals
178-are kept outside of food preparation areas;
179-“(7) Use specific materials for food-contact and non- food contact surfaces;
180-provided, that the food- contact surfaces are smooth, easily cleanable, and in good repair; or ENROLLED ORIGINAL
96+ “(4) “Sidewalk vending zone manager” means a non-profit organization 71
97+headquartered in the District of Columbia that oversees sidewalk vendors operating within a 72
98+sidewalk vending zone. 73
99+ “(5) “Sidewalk vendor” means a person who engages in business while occupying 74
100+a portion of the public right-of-way other than that reserved for vehicular travel. 75
101+ “(6) “Vending cart” means a wheeled, non-motorized, self-contained apparatus 76
102+designed to be pulled by a vehicle or pushed by hand, designed to be operated from a sidewalk 77
103+vending location, and from which food, products, merchandise, or services are intended to be 78
104+vended. 79
105+ “(7) “Vending locations” means the specific locations designated by the Mayor on 80
106+sidewalks, roadways, and other public space at which a person may vend. 81
107+ “(8) “Vending site permit” means a permit or other authorization issued by the 82
108+Mayor for a vending location.”. 83
109+ (b) Section 3 (D.C. Official Code § 37–131.02) is amended as follows: 84
110+ (1) Subsection (a)(1) is amended to read as follows: 85
111+ “(1) A basic business license;”. 86
112+ (2) Subsection (c) is repealed. 87
113+ (3) A new subsection (e) is added to read as follows: 88
114+ “(e) Vendors may operate only during the following hours: 89
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,
188-beyond what would be required to ensure food and human safety in the food preparation areas.
189- “(i) The Department has the authority to issue citations and summarily suspend or revoke
190-a permit if an operator is not complying with any provisions set forth in this section.
191- “(j) A person whose license or permit is revoked may, within 15 days after the notice of
192-revocation by the Department, appeal the decision to the Office of Administrative Hearings.
193- “Sec. 4937. Rulemaking.
194-(a) The Mayor, pursuant to Title I of the District of Columbia Administrative Procedure
195-Act, approved October 21, 1968 (82 Stat. 1204; D.C. Official Code § 2- 501 et seq.), shall
196-promulgate emergency rules to implement the provisions of this subtitle no later than 45 days
197-after the effective date of the Street Vendor Advancement Amendment Act of 2023, passed on
198-2nd reading on April 4, 2023 (Enrolled version of Bill 25- 68).
199- (b) The Mayor, pursuant to Title I of the District of Columbia Administrative Procedure
200-Act, approved October 21, 1968 (82 Stat. 1204; D.C. Official Code § 2- 501 et seq.), shall
201-promulgate final rules to implement the provisions of this subtitle no later than 120 days after the
202-effective date of the Street Vendor Advancement Amendment Act of 2023, passed on 2nd
203-reading on April 4, 2023 (Enrolled version of Bill 25- 68).”.
204-
205- Sec. 3. The Vending Regulation Act of 2009, effective October 22, 2009 (D.C. Law 18-
206-71; D.C. Official Code § 37- 131.01 et seq. ), is amended as follows:
207- (a) Section 2 (D.C. Official Code § 37- 131.01) is amended to read as follows:
208- “Sec. 2. Definitions.
209-“For the purposes of this act, the term:
210- “(1) “Fund” means the Vending Regulation Fund established by section 8(b) .
211- “(2) “Public market” means a vending operation that takes place in an area of
212-public space set aside and permitted on a regular basis for the sale of goods, merchandise, or
213-services provided onsite, including a farmers market, flea market, or antique market.
214- “(3) “Sidewalk vending zone” means a geographically defined area with 3 or
215-more vending locations at which a person may vend.
216- “(4) “Sidewalk vending zone manager” means a non- profit organization
217-headquartered in the District of Columbia that oversees sidewalk vendors operating within a
218-sidewalk vending zone.
219- “(5) “Sidewalk vendor” means a person who engages in business while occupying
220-a portion of the public right-of-way other than that reserved for vehicular travel.
221- “(6) “Vending cart” means a wheeled, non-motorized, self-contained apparatus
222-designed to be pulled by a vehicle or pushed by hand, designed to be operated from a sidewalk
223-vending location, and from which food, products, merchandise, or services are intended to be
224-vended. ENROLLED ORIGINAL
122+ “(2) Friday and Saturday from 5:00 a.m. to 1:00 a.m. the next day; provided, that 91
123+vendors operating in Residential Zones, as specified in the District of Columbia Zoning 92
124+Regulations, shall not vend past 10:00 p.m. on any night of the week.”. 93
125+ (c) New sections 7a, 7b and 7c are added to read as follows: 94
126+ “Sec. 7a. Vending licenses and permits and criminal background checks. 95
127+ “No applicant for a basic business license, a vending site permit, or any other licenses or 96
128+permits required to vend from a sidewalk, roadway or other public place pursuant to section 3 97
129+shall be required to undergo a criminal background check or provide a certified copy of a 98
130+criminal history report to any agency prior to or after receiving said licenses or permits. 99
131+ “Sec. 7b. Food vending cart and vehicle design standards. 100
132+ “(a) Food vending cart and vehicle designs shall be subject to rules promulgated by the 101
133+Department of Licensing and Consumer Protection; provided, that, food vending carts and 102
134+vehicles for vendors: 103
135+ “(1) Selling only non-potentially hazardous uncut fruits and vegetables shall not 104
136+be required to include freshwater tanks, wastewater tanks, or food, ware, or hand washing sinks 105
137+or sink compartments; or 106
138+ “(2) Selling non-potentially hazardous uncut fruits and vegetables, and potentially 107
139+hazardous pre-packaged foods, including frozen desserts, sandwiches, and pre-cut fruits and 108
140+vegetables, shall not be required to include freshwater tanks, or food, ware, or hand washing 109
141+sinks or compartments. 110 ENGROSSED ORIGINAL
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231- “(7) “Vending locations” means the specific locations designated by the Mayor on
232-sidewalks, roadways, and other public space at which a person may vend.
233- “(8) “Vending site permit” means a permit or other authorization issued by the
234-Mayor for a vending location.”.
235- (b) Section 3 (D.C. Official Code § 37–131.02) is amended as follows:
236- (1) Subsection (a)(1) is amended to read as follows:
237- “(1) A basic business license;”.
238- (2) Subsection (c) is repealed.
239- (3) A new subsection (e) is added to read as follows:
240- “(e) Vendors may operate only during the following hours:
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
243-vendors operating in Residential Zones, as specified in the District of Columbia Zoning
244-Regulations, shall not vend past 10:00 p.m. on any night of the week.”.
245- (c) New sections 7a, 7b and 7c are added to read as follows:
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
249-shall be required, in connection with said application, to undergo a crim inal background check or
250-provide a certified copy of a criminal history report to any agency prior to or after receiving said
251-licenses or permits.
252- “Sec. 7b. Food vending cart and vehicle design standards.
253- “(a) Food vending cart and vehicle designs shall be subject to rules promulgated by the
254-Department of Licensing and Consumer Protection; provided, tha t food vending carts and
255-vehicles for vendors:
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
262-sinks or compartments.
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,
268-the Department of Licensing and Consumer Protection shall consider the following: ENROLLED ORIGINAL
148+ “(b)(1) The Department of Licensing and Consumer Protection shall, in consultation with 111
149+the Department of Health, establish a process through which businesses, community-based 112
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
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
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
313193
314194
315195
316196
317197 8
318198
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
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362224
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
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
401245
402246
403247
404248
405249 10
406250
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
445271
446272
447273
448274
449275 11
450276
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
488297
489298
490299
491300
492301 12
493302
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
534322
535323
536324
537325
538326 13
539327
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
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594352 14
595353
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
634374
635375
636376
637377
638378 15
639379
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
678400
679401
680402
681403
682404 16
683405
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
709-refund of any minimum tax, interest, or penalties previously paid.”. ENROLLED ORIGINAL
406+by each sidewalk vendor. This list shall include the full name, license number, business address 309
407+of each sidewalk vendor, and a diagram of the vending location. Any change of information shall 310
408+be provided to the Department within 24 hours of that change; 311
409+ “(E) Maintain a daily log of supervision activity, including information on 312
410+technical assistance provided to sidewalk vendors, mediations conducted, and corrective actions 313
411+taken to ensure sidewalk vendors are in compliance with the law and regulations; 314
412+ “(F) Provide technical support to sidewalk vendors in a sidewalk vending 315
413+zone, as needed; and 316
414+ “(G) Take all necessary and reasonable actions to ensure that a sidewalk 317
415+vendor is compliant with all health laws and regulations. 318
416+ “(2) Any documentation required pursuant to paragraph (1) of this subsection 319
417+shall be made available to the Mayor timely upon request. 320
418+ Sec. 9b. Establishment of the Columbia Heights-Mount Pleasant Sidewalk Vending 321
419+Zone. 322
420+ “(a) There is established the Columbia Heights-Mount Pleasant Sidewalk Vending Zone, 323
421+comprised of the geographic area bounded by a line that begins on the southwest corner of the 324
422+intersection of 16
423+th
424+ Street, N.W., and Fuller Avenue, N.W., then north along the west side of 16
425+th
426+ 325
427+Street, N.W., until the southwest corner of 16
428+th
429+ Street, N.W., and Harvard Street, N.W., then 326
430+north along the west side Harvard Street, N.W., until the northwest corner of the intersection of 327
431+Harvard Street, N.W., and Argonne Place, N.W., then east along the north side of Argonne Place, 328 ENGROSSED ORIGINAL
710432
711433
712434
713435
714436 17
715437
716-Sec. 5. Applicability.
717- (a) Sections 2, 3(a), (b), (c), (d), and (f), and 4 of this act shall apply upon the date of
718-inclusion of their fiscal effect in an approved budget and financial plan.
719- (b) The Chief Financial Officer shall certify the date of the inclusion of the fiscal effect in
720-an approved budget and financial plan, and provide notice to the Budget Director of the Council
721-of the certification.
722- (c)(1) The Budget Director shall cause the notice of the certification to be published in
723-the District of Columbia Register.
724- (2) The date of publication of the notice of the certification shall not affect the
725-applicability of this act.
438+N.W., until the northwest corner of the intersection of Argonne Place, N.W., and Mount Pleasant 329
439+Street, N.W., then north along the west side of Mount Pleasant Street, N.W., until the northwest 330
440+corner of the intersection of Irving Street, N.W., and Mount Pleasant Street, N.W., then west 331
441+along Irving Street, N.W. until the southwest corner of the intersection Irving Street, N.W., and 332
442+17th Street, N.W., then north along
726443
727- Sec. 6. Fiscal impact statement.
728- The Council adopts the fiscal impact statement in the committee report as the fiscal
729-impact statement required by section 4a of the General Legislative Procedures Act of 1975,
730-approved October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1- 301.47a).
444+17th Street, N.W., until the northwest corner of the 333
445+intersection of
731446
732- Sec. 7. Effective date.
733- This act shall take effect after approval by the Mayor (or in the event of veto by the
734-Mayor, action by the Council to override the veto), a 30- day period of congressional review as
735-provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December
736-24, 1973 (87 Stat. 813; D.C. Official Code § 1- 206.02(c)(1)), and publication in the District of
737-Columbia Register.
447+17
448+th
449+ Street, N.W. and Park Road, N.W., then east along Park Road, N.W., until the 334
450+northwest corner of the intersection of Park Road, N.W., and 14
451+th
452+ Street, N.W., then north along 335
453+the west side
738454
455+14
456+th
457+ Street, N.W., until the northwest corner of
739458
459+14th Street, N.W. and Ogden Street, 336
460+N.W., then north on the west side of Ogden Street, N.W., until the northwest corner of the 337
461+intersection of Ogden Street, N.W., and Oak Street, N.W., then east along the north side of Oak 338
462+Street, N.W., until the northwest corner of Oak Street, N.W., and 14
463+th
464+ Street, N.W., then north 339
465+along the west of 14
466+th
467+ Street, N.W., until the northwest corner of the intersection of 14
468+th
469+ Street, 340
470+N.W., and Spring Road, N.W., and south along the east side of
740471
741-______________________________
742-Chairman
743-Council of the District of Columbia
472+14th Street, N.W., to the northeast 341
473+corner of
474+
475+14th Street, N.W. and Newton Street, N.W., then east along the north side of Newton 342
476+Street, N.W., until the northeast corner of the intersection of Newton Street, N.W., and Holmead 343
477+Place, N.W., then south along the east side of Holmead Place, N.W., until the northeast corner of 344
478+the intersection of Holmead Place, N.W., and Park Road, N.W., then east along the north side of 345
479+Park Road, N.W., until the northeast corner of the intersection of Park Road, N.W., and 13
480+th
481+ 346
482+Street, N.W., then south on the east side 13
483+th
484+ Street, N.W., until the southeast corner at the 347
485+intersection of 13
486+th
487+ Street, N.W., and Girard Street, N.W., then east along the south side of 348 ENGROSSED ORIGINAL
744488
745489
746490
747491
492+18
748493
749-_________________________________
750-Mayor
751-District of Columbia
494+Girard Street, N.W., until the southeast corner of the intersection of 15
495+th
496+ Street, N.W., and Girard 349
497+Street, N.W., then south along the west side of 15
498+th
499+ Street, N.W., until the southeast corner of the 350
500+intersection of 15
501+th
502+ Street, N.W., and Fuller Street , N.W., then east along the south side of Fuller 351
503+Street, N.W., until the southwest corner of the intersection at Fuller Street, N.W., and 16
504+th
505+ Street, 352
506+N.W. 353
507+ “(b)(1) The Columbia Heights-Mount Pleasant Sidewalk Vending Zone shall contain the 354
508+following areas for the siting of vending locations: 355
509+ “(A) Sidewalks surrounding Reservation 309, and public space in 356
510+Reservation 309; 357
511+ “(B) Sidewalks surrounding Reservation 309G, and public space in 358
512+Reservation 309G over which the District has jurisdiction; 359
513+ “(C) Sidewalks surrounding Reservation 310B, and public space in 360
514+Reservation 310B; 361
515+ “(D) Eastern and western sidewalks of Mt. Pleasant Street, N.W., between 362
516+Harvard Street, N.W., and Park Road, N.W., including all sidewalk space on: 363
517+ (i) The southeast corner of Mt. Pleasant Street, N.W., and Lamont 364
518+Street, N.W., and 365
519+ “(ii) The southeast corner of Mt. Pleasant Street, N.W., and Park 366
520+Road, N.W.; 367 ENGROSSED ORIGINAL
752521
753522
523+
524+
525+19
526+
527+ “(E) Eastern and western sidewalks of 14th Street, N.W., between 368
528+Columbia Road, N.W., and Monroe Street, N.W.; 369
529+ “(F) The western sidewalk of 14th Street, N.W., between Parkwood Place, 370
530+N.W., and Perry Place, N.W.; 371
531+ “(G) Northern sidewalk of Park Road, N.W., between 14th Street, N.W., 372
532+and Holmead Place, N.W.; 373
533+ “(H) Northern sidewalk of Monroe Street, N.W., between 14th Street 374
534+N.W., and the public alley located between Lots 21 and 144 of Square 2836; 375
535+ “(I) Southern sidewalk of Monroe Street, N.W., between 14th Street, 376
536+N.W., and the public alley located between Lots 76 and 79 of Square 2837; 377
537+ “(J) Northern and southern sidewalks or Irving Street, N.W., between 14th 378
538+Street, N.W., and Mt. Pleasant Street, N.W.; 379
539+ “(K) Civic Plaza in Lot 834 of Square 2843, bounded by 14th Street, 380
540+N.W., Kenyon Street, N.W., and Park Road, N.W.; 381
541+ “(L) Southern sidewalk of Columbia Road, N.W., between 14th Street, 382
542+N.W., and 15th Street, N.W.; and 383
543+ “(M) Southern sidewalk of Lamont Street, N.W., between Mount Pleasant 384
544+Street, N.W., and 16th Street, N.W. 385
545+ “(2) For each area listed under paragraph (1) of this subsection, the Mayor shall, 386
546+in coordination with a sidewalk vending zone manager and pursuant to an approved vending site 387 ENGROSSED ORIGINAL
547+
548+
549+
550+
551+20
552+
553+plan, establish vending locations at which sidewalk vendors may locate. Vending locations 388
554+within the Columbia Heights-Mount Pleasant Sidewalk Vending Zone shall not violate the 389
555+restrictions of section 9a(a)(1). 390
556+ “(c) The Mayor may add additional areas within the boundaries of the Columbia Heights-391
557+Mount Pleasant Sidewalk Vending Zone established pursuant to subsection (a) of this section for 392
558+the purpose of siting additional vendor locations; provided, that any additional areas shall be 393
559+established pursuant to an approved vending site plan. 394
560+ “(d)(1) The Mayor shall issue a request for proposals (“RFP”) for a sidewalk vending 395
561+zone manager for the Columbia Heights-Mount Pleasant Sidewalk Vending Zone no later than 396
562+60 days after the effective date of the Street Vendor Advancement Amendment Act of 2023. 397
563+ “(2) In the process of developing the RFP, the Mayor shall solicit input from 398
564+sidewalk vendors and community-based organizations and non-profits providing technical 399
565+assistance or legal services to vendors. 400
566+ “(e)(1) The Mayor shall execute a contract with an entity selected through the RFP 401
567+process set forth in subsection (c) of this section no later than 120 days after the effective date of 402
568+the Street Vendor Advancement Amendment Act of 2023. 403
569+“(2) If a contract with a sidewalk vending zone manager is not executed within 404
570+120 days following effective date of the Street Vendor Advancement Amendment Act of 2023, 405
571+sidewalk vendors shall be able to locate and operate in areas of the Columbia Heights-Mount 406
572+Pleasant Sidewalk Vending Zone. 407 ENGROSSED ORIGINAL
573+
574+
575+
576+
577+21
578+
579+ “Sec. 9c. Street vending amnesty program. 408
580+ “(a) There is established an amnesty program for any person applying to be a street 409
581+vendor who is liable for delinquent: 410
582+“(1) Fines for violations of this chapter and rules from 2010 to the effective date 411
583+of the Street Vendor Advancement Amendment Act of 2023, including any accrued interest; and 412
584+“(2) Minimum sales tax payments owed pursuant to § 47-2002.01 from 2010 to 413
585+the effective date of the Street Vendor Advancement Amendment Act of 2023, including any 414
586+accrued interest. 415
587+ “(b) The amnesty program shall be available for 5 years following its establishment. 416
588+ “(c) A person may participate in the amnesty program by filing an application for 417
589+amnesty with the Mayor that includes: 418
590+ “(1) A basic business license application; 419
591+ “(2) A vending site permit application for a sidewalk vending location; 420
592+“(3) A copy of each unpaid citation received by the applicant, and the amount 421
593+owed by the applicant for each citation; and 422
594+“(4) Documentation verifying the amount of delinquent minimum sales tax owed 423
595+to the Office of Tax and Revenue. 424
596+ “(d) While the amnesty program is accepting applications, the Mayor shall publicize the 425
597+terms and conditions of the amnesty program. 426 ENGROSSED ORIGINAL
598+
599+
600+
601+
602+22
603+
604+ “(e) For purposes this section, the term “street vendor” means a person licensed to vend 427
605+from a sidewalk, roadway, or other public space pursuant to section 3. 428
606+ “Sec. 9d. Columbia Heights-Mount Pleasant public asset and vendor support study. 429
607+ “(a) The Mayor shall commission a study to: 430
608+ “(1) Identify potential spaces for the storage and servicing of sidewalk vending 431
609+carts within or near the Columbia Heights-Mount Pleasant Sidewalk Vending Zone, including 432
610+any cost estimates for acquiring the space and making necessary improvements; 433
611+ “(2) Identify potential locations for the siting of public restroom facilities within 434
612+or near the Columbia Heights-Mount Pleasant Sidewalk Vending Zone, including cost estimates 435
613+of any work that would be required to construct a public restroom facility; 436
614+ “(3) Recommendations for capital improvements at areas within the Columbia 437
615+Heights-Mount Pleasant Sidewalk Vending Zone to better accommodate vending activity and 438
616+pedestrian access; and 439
617+ “(4) Identify potential locations for an indoor vending market within or near the 440
618+Columbia Heights-Mount Pleasant Sidewalk Vending Zone, including cost estimates for 441
619+acquiring the land if necessary. 442
620+ “(b) The Mayor shall submit the study required pursuant to paragraph (1) no later than 443
621+one year after the effective date of the Street Vendor Advancement Amendment Act of 2023.”. 444
622+ Sec. 4. Applicability. 445 ENGROSSED ORIGINAL
623+
624+
625+
626+
627+23
628+
629+ (a) This act shall apply upon the date of inclusion of their fiscal effect in an approved 446
630+budget and financial plan. 447
631+ (b) The Chief Financial Officer shall certify the date of the inclusion of the fiscal effect in 448
632+an approved budget and financial plan, and provide notice to the Budget Director of the Council 449
633+of the certification. 450
634+ (c)(1) The Budget Director shall cause the notice of the certification to be published in 451
635+the District of Columbia Register. 452
636+ (2) The date of publication of the notice of the certification shall not affect the 453
637+applicability of this act. 454
638+ Sec. 4. Fiscal impact statement. 455
639+ The Council adopts the fiscal impact statement in the committee report as the fiscal 456
640+impact statement required by section 4a of the General Legislative Procedures Act of 1975, 457
641+approved October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a). 458
642+ Sec. 5. Effective date. 459
643+ This act shall take effect after approval by the Mayor (or in the event of veto by the 460
644+Mayor, action by the Council to override the veto), a 30-day period of congressional review as 461
645+provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December 462
646+24, 1973 (87 Stat. 813; D.C. Official Code § 1-206.02(c)(1)), and publication in the District of 463
647+Columbia Register. 464