D.C. Mun. Regs. tit. 16, r. 16-3313

Current through Register Vol. 72, No. 2, January 10, 2025

Rule 16-3313 - VENDING BUSINESS LICENSE INFRACTIONS

3313.1

Violation of any of the following provisions shall be a Class 1 infraction:

(a) 24 DCMR § 502.1 (failure to have and maintain general license requirements);

(b) 24 DCMR §§ 503.3(f), (g), (h), and (i) (selling alcohol, drugs, controlled substances, or drug paraphernalia);

(c) 24 DCMR § 507.1 (suspension or revocation of license for the enumerated violations);

(d) 24 DCMR § 512.1 (suspension or revocation of vending site permit for the enumerated violations);

(e) 24 DCMR § 516 (suspension or revocation of Mobile Roadway vending site permit for the enumerated violations);

(f) [RESERVED];

(g) 24 DCMR § 535.1(a) (vending in a legal parking space that meets the requirements of § 535.2);

(h) 24 DCMR § 541.1 (vending from an unauthorized public market);

(i) 24 DCMR § 541.2 (managing a public market without a Class C vending business license);

(j) 24 DCMR § 551.2 (vending after the expiration of a vending business license, vending site permit, or any other required license, permit, certificate or authorization); and

(k) 24 DCMR § 562.3 (alteration, mutilation, forgery, or illegal display of any license, permit, or certificate of authority).

3313.2

Violation of any of the following provisions shall be a Class 2 infraction:

(a) 24 DCMR §§ 503.3(a), (j), (k), and (l) (selling animals, offensive merchandise, or counterfeit merchandise);

(b) 24 DCMR § 508.4 (vending at unauthorized vending location);

(c) 24 DCMR § 517.1 (vending without a health inspection certificate issued by the Department of Health);

(d) 24 DCMR § 521.1 (vending without a Department of Health-issued food protection manager certificate or food protection manager identification card);

(e) 24 DCMR § 522.1 (vending without a propane or open flame permit issued by the Fire and Emergency Medical Services Department);

(f) 24 DCMR § 523.1 (vending without a hood suppression system approved by the Fire and Emergency Medical Services Department);

(g) 24 DCMR § 527.1 (vending at unauthorized vending locations in the Old Georgetown vending zone);

(h) 24 DCMR § 533.7 (mobile vending within 200 feet of designated MRV location);

(i) 24 DCMR § 534.6 (vending in designated MRV location beyond the authorized hours of operation);

(j) 24 DCMR § 538.5 (transfer of sidewalk vending lottery registration or sidewalk vending location assignment);

(k) 24 DCMR § 539.9 (transfer of roadway vending lottery registration or roadway vending location assignment);

(l) 24 DCMR § 540 (mobile vending in an unassigned designated MRV location);

(m) 24 DCMR § 540.5 (transfer of designated MRV location permit assignments, without approval);

(n) 24 DCMR § 538.1 (vending in unassigned vending location);

(o) 24 DCMR § 543 (failure to adhere to ice cream roadway vendors operational standards)

(p) 24 DCMR § 556.1 (vending without fire extinguisher);

(q) 24 DCMR § 556.2 (failure to adhere to propane operating standards);

(r) 24 DCMR § 562.6 (failure to provide license, permits, or certificates to authorized District government representative);

(s) 24 DCMR §§ 562.4 and 562.5 (vending license, permits, or certificates placed on an unauthorized vending vehicle, cart, or stand);

(t) 24 DCMR § 563.1 (failure of vending vehicle or cart to be registered and displaying current tags);

(u) 24 DCMR § 571.2 (failure of vendor vending at licensed special event to comply with business registration and license requirements);

(v) 24 DCMR § 573 (unauthorized soliciting);

(w) 24 DCMR § 573.6 (buying or selling tickets in an area not designated for that purpose); and

(x) 24 DCMR § 574 (vending depot operating requirements).

3313.3

Violation of any of the following provisions shall be a Class 3 infraction:

(a) 24 DCMR § 552.1 (vending beyond the authorized hours of operation);

(b) 24 DCMR § 557.1 (vending while creating a noise disturbance); and

(c) 24 DCMR §§ 564.1, 564.3, 564.4, and 564.7 (failure to adhere to vendor employee operating requirements).

3313.4

Violation of any of the following provisions shall be a Class 5 infraction:

(a) 24 DCMR § 503.2 (vending items not authorized under the vending business license class);

(b) 24 DCMR § 525.1(d) (vending at unauthorized locations in the central vending zone);

(c) 24 DCMR § 525.1(e) (vending at unauthorized locations outside the central vending zone);

(d) 24 DCMR § 525.1(f) (vending at unauthorized vending locations);

(e) 24 DCMR §§ 535.1(b) (failure to pay all parking meter fees) and (c) (failure to obey all posted time restrictions);

(f) 24 DCMR § 545 (failure to adhere to vending cart design standards);

(g) 24 DCMR § 546 (failure to adhere to vending vehicle design standards);

(h) 24 DCMR § 547 (failure to adhere to vending stand design standards);

(i) 24 DCMR § 548 (failure to adhere to food vending cart or vehicle design standards);

(j) [RESERVED];

(k) 24 DCMR § 551.3 (vending while violating traffic or parking restrictions);

(l) 24 DCMR §§ 553.2, 553.3, and 553.4 (placement of vending vehicles, carts, or stands);

(m) 24 DCMR § 554 (placement of equipment and related items);

(n) 24 DCMR § 562.1 (failure to conspicuously display all vending-related licenses, permits, and other certificates);

(o) 24 DCMR § 565.1 (vending while failing to maintain vending location free from litter);

(p) 24 DCMR §§, 561, 562, and 563 (failure to adhere to other operating standards);

(q) 24 DCMR § 567 (purchase or receipt of stock in public space)

(r) 24 DCMR § 569.1 (failure to provide updated information);

(s) 24 DCMR § 572 (failure to adhere to street photography operating standards); and

(t) Any provision of the vending business license regulations promulgated pursuant to the Vending Regulation Act of 2009, effective October 22, 2009 (D.C. Law 18-71; 56 DCR 6619), which is not cited elsewhere in this section.

D.C. Mun. Regs. tit. 16, r. 16-3313

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.