D.C. Mun. Regs. r. 24-501

Current through Register Vol. 71, No. 33, August 16, 2024

Rule 24-501 - AGENCY RESPONSIBILITIES

501.1

The Director of the Department of Consumer and Regulatory Affairs (DCRA Director) shall be responsible for:

(a) Coordinating all vending activities in the District of Columbia;

(b) Reviewing applications for, and issuing, Vending Business Licenses to vendors in the District;

(c) Distributing Vending Site Permits for Vending Locations approved by the District Department of Transportation (DDOT) Director (DDOT Director) as meeting the standards established by the DDOT Director, pursuant to §§ 525, 532, and 535;

(d) Enforcing this chapter's provisions, including the requirement that vendors vend only from their assigned Vending Locations; provided, that the Department of Health (DOH) Director (DOH Director) shall be responsible for the application and enforcement of Subtitle A (Food and Food Operations) of Title 25 of the District of Columbia Municipal Regulations (DCMR) to food vendors holding Class A and Class C Vending Business Licenses;

(e) Creating and maintaining a database of all vendors issued Vending Business Licenses, including any specific Vending Location assigned to each vendor;

(f) Designating the categories of merchandise or services that may be vended under a specific class of Vending Business License and, where authorized under this chapter, designating specific categories of merchandise or services that may be vended at a specific Vending Location;

(g) Establishing the authorized hours of operation for vendors and, where authorized under this chapter, establishing specific hours of operation at a specific Vending Location; and

(h) Establishing standards regarding the design, maintenance, and operations of vendors and vending equipment.

501.2

The DDOT Director shall be responsible for:

(a) Designating, modifying, and waiving, as appropriate, the standards for Vending Locations, pursuant to § 524, § 532, and §§ 533 through 537;

(b) Approving locations on public space where public markets may be located and issuing public space permits for public markets on public space;

(c) Assisting, as appropriate, with the enforcement of the provisions of this chapter.

501.3

The Metropolitan Police Department (MPD) shall be responsible for:

(a) Enforcing District laws and regulations prohibiting unlicensed vending activities;

(b) Enforcing any criminal laws, including laws regarding assault, harassment, and intimidation, in connection with vending; and

(c) Assisting, as appropriate, with the enforcement of the provisions of this chapter.

501.4

The DOH Director shall be responsible for:

(a) Designating the categories of food that may be vended in accordance with Subtitle A (Food and Food Operations) of Title 25 of the District of Columbia Municipal Regulations (DCMR);

(b) Reviewing and either approving or denying applications for food vendors holding Class A and Class C Vending Business Licenses or other certificates of authority required in accordance with Chapter 37, Subtitle A (Food and Food Operations) of Title 25 of the DCMR for the vending of food from public or private spaces;

(c) Inspecting food vending operations and vending depots in accordance with Subtitle A (Food and Food Operations) of Title 25 of the DCMR; and

(d) Enforcing the application of Subtitle A (Food and Food Operations) of Title 25 of the DCMR to food vendors.

501.5

The Fire and Emergency Medical Services Department (FEMS) shall be responsible for:

(a) Reviewing and issuing permits for the use of open flame and propane gas in food vending operations and conducting fire safety-related inspections of vending businesses; and

(b) Enforcing District laws and regulations pertaining to any operational permits required under Subtitle H (Fire Code Supplement) of Title 12 of the DCMR.

D.C. Mun. Regs. r. 24-501

Regulation No. 74-39 (21 DCR 1285 (December 23, 1974)), as amended by § 2 of the Vendors Regulation Amendments Act of 1978, effective June 30, 1978 (D.C. Law 2-82, 24 DCR 9293 (May 5, 1978)); as amended by Final Rulemaking published at 31 DCR 4935 (October 5, 1984); as amended by § 40 of the Department of Consumer and Regulatory Affairs Civil Infractions Act of 1985 Technical and Clarifying Amendments Act of 1990, effective March 8, 1991 (D.C. Law 8-237; 38 DCR 314, 329 (January 11, 1991)); as amended by Final Rulemaking published at 41 DCR 7787 (December 2, 1994); as amended by D.C. Act 12-256 (45 DCR 1172 (March 6, 1998)); as amended by Final Rulemaking published at 52 DCR 5953 (June 24, 2005); as amended by Final Rulemaking published at 52 DCR 8520 (September 16, 2005); as amended by Final Rulemaking published at 60 DCR 13055 (September 20, 2013)

Authority: Sections 5 and 18 of Mayor-Commissioner Regulation No. 74-39, effective December 13, 1974 (21 DCR 1285), as amended by the Vendors Regulation Amendments Act of 1978, effective June 30, 1978 (D.C. Law 2-82; 24 DCR 9293), Reorganization Plan No. 1 of 1986, effective August 21, 1986, the Vending Regulation Act of 2009, effective October 22, 2009 (D.C. Law 18-71; 56 DCR 6619), and Mayor's Order 2010-91, dated May 27, 2010; Sections 101(b), 2002(b), and 2 of the Omnibus Regulatory Reform Amendment Act of 1998, effective April 29, 1998 (D.C. Law 12-86; D.C. Official Code §§ 47-2851.04(c)(1), 47-2851.05(d), and 47-2851.12 (2005 Repl. & 2012 Supp.)); Sections 104 and 105 of the Department of Consumer and Regulatory Affairs Civil Infractions Act of 1985, effective October 5, 1985 (D.C. Law 6-42; D.C. Official Code §§ 2-1801.04 and 2-1801.05 (2007 Repl. & 2012 Supp.)); and Mayor's Order 86-38, dated March 4, 1986.