D.C. Mun. Regs. tit. 24, r. 24-503

Current through Register 71, No. 45, November 7, 2024

Rule 24-503 - VENDING BUSINESS LICENSE: CLASSES OF LICENSES

503.1

The DCRA Director shall issue the following classes of Vending Business Licenses:

(a) Class A Licenses - A Class A Vending Business License shall authorize a person to vend food, other than food prohibited from public or private space under § 503.3(a) or (m); provided, that the vendor holds any food licenses and certificates required under Subtitle A (Food and Food Operations) of Title 25 of the DCMR;

(b) Class B Licenses - A Class B Vending Business License shall authorize a person to vend merchandise, other than food and merchandise prohibited from public space under § 503.3. For the purposes of this subsection, the term "merchandise" shall include non-hazardous and non-controlled cut flowers, dried flowers, and potted plants;

(c) Class C Licenses - A Class C Vending Business License shall authorize a person to manage public markets on public or private space for the sale of agricultural goods and other farm products, or other food as designated by the DOH Director, and other non-food merchandise or services as designated by the DCRA Director; and

(d) Class D Licenses - A Class D Vending Business License shall authorize a person to vend services from public space, including photography, shoe shining, and other such services as the DCRA Director designates.

503.2

No person shall vend any items other than those allowed under the particular class of Vending Business License issued to the person.

503.3

No vendor shall sell or public market manager allow the sale of the following categories of merchandise or food:

(a) Live animals;

(b) Power tools;

(c) Luggage exceeding six inches by eighteen inches by twenty inches (6 in. x 18 in. x 20 in.);

(d) Rugs and carpets exceeding the surface area of the vendor's vending cart or stand;

(e) Household appliances, including refrigerators, microwave ovens, dishwashers, stoves, and televisions with screen sizes greater than seven inches (7 in.);

(f) Alcoholic beverages or other alcoholic items for consumption;

(g) Any drug, medicine, chemical, or compound or combination thereof restricted by the District of Columbia Pharmacist and Pharmacy Regulation Act of 1980, effective September 16, 1980 (D.C. Law 3-98; D.C. Official Code §§ 47-2885.01 et seq. (2005 Repl.));

(h) A controlled substance as defined in § 102(4) of the District of Columbia Uniform Controlled Substances Act of 1981, effective August 5, 1981 (D.C. Law 4-29; D.C. Official Code § 48-901.02(4) (2009 Repl.));

(i) Drug paraphernalia, as the term is defined in § 2(3) of the Drug Paraphernalia Act of 1982, effective September 17, 1982 (D.C. Law 4-149; D.C. Official Code § 48-1101(3) (2009 Repl. & 2012 Supp.));

(j) Any merchandise that is pornographic or obscene;

(k) Any counterfeit merchandise;

(l) Any adulterated food, as the term is defined in § 9901 of Title 25, Subtitle A (Food and Food Operations) of the DCMR;

(m) Categories of foods that are determined by DOH to be not "generally recognized as safe" (GRAS) as interpreted by the United States Food and Drug Administration (FDA); and

(n) Any plants, other than non-controlled and non-hazardous cut flowers, dried flowers, and potted plants.

D.C. Mun. Regs. tit. 24, r. 24-503

Regulation No. 74-39 (21 DCR 1285 (December 23, 1974)); as amended by § 502 of the District of Columbia Revenue Act of 1984, effective September 26, 1984 (D.C. Law 5-113; 31 DCR 3974, 3981 (August 10, 1984)); by § 2 of the Vendors Regulation Amendment Act of 1988, effective May 21, 1988 (D.C. Law 7-121; 35 DCR 2674 (April 15, 1988) and 35 DCR 2874 (April 22, 1988)); as amended by Final Rulemaking published at 32 DCR 1347 (March 8, 1985); as amended by Final Rulemaking published at 32 DCR 5746 (October 11, 1985); as amended by Final Rulemaking published at 35 DCR 7586 (December 27, 1985); and as amended by § 116 of the Omnibus Budget Support Act of 1993, effective September 30, 1993 (D.C. Law 10-25; 40 DCR 5489, 5498 (July 30, 1993)); as amended by D.C. Act published at 45 DCR 1172 (March 6, 1998); 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.