D.C. Mun. Regs. tit. 24, r. 24-599

Current through Register Vol. 71, No. 42, October 18, 2024
Rule 24-599 - DEFINITIONS

When used in this chapter, the following terms and phrases shall have the meanings ascribed:

Central Vending Zone - the area delineated by the boundaries listed in § 526.1.

Clean Hands Certification - the certification required by the Clean Hands Before Receiving a License or Permit Act of 1996, effective May 11, 1996 (D.C. Law 11-118; D.C. Official Code §§ 47-2861, et seq. (2012 Supp.)).

Coordinating Agencies - the several District agencies identified in § 570. 4.

Coordinating Agency - any of the Coordinating Agencies.

DCRA Director - the Director of the Department of Consumer and Regulatory Affairs.

DCRA - the Department of Consumer and Regulatory Affairs.

DCRA Business Licensing Center - the Department of Consumer and Regulatory Affairs, 1100 Fourth Street, SW, Second Floor, Washington, D.C. 20024.

DDOT - the District Department of Transportation.

DDOT Director - the Director of the District Department of Transportation.

DOH - the Department of Health.

DOH Director - the Director of the District Department of Health.

FEMS - the District of Columbia Fire and Emergency Medical Services Department.

Fire Chief - the Chief of the District of Columbia Fire and Emergency Medical Services Department.

Fire Marshal - the Fire Marshal of the District of Columbia Fire and Emergency Medical Services Department.

Fixture - any District government-authorized furniture or equipment that is secured or permanently affixed to the public right-of-way or other public space.

Food - any raw, cooked, or processed edible substance, ice, beverage, or ingredient used or intended for use or for sale in whole or in part for human consumption, or chewing gum as defined in the Food Code.

Food Code - Subtitle A (Food and Food Operations) Title 25 of the District of Columbia Municipal Regulations.

Ice cream vending vehicle - a vending vehicle, vending cart, or vending stand from which pre-packaged ice cream, popsicles, ice sherbets or frozen desserts of any kind are carried for the purposes of vending in public space.

MetrobusStop Zone - that area of the public roadway specifically designated for the exclusive use of Metrobus in loading and unloading passengers.

Mobile Roadway Vendor - a vendor who operates a vending business in locations, pursuant to the requirements of §§ 533 through 536, while occupying public space in that portion of a street or highway that is improved, designed, or ordinarily used for vehicular parking.

Mobile Roadway Vending location - A vending location containing at least three parking spaces, and designated by appropriate signage.

Mobile Roadway Vending vehicle - A self-propelled vending vehicle.

MPD - the Metropolitan Police Department.

MPD Chief - the Chief of the Metropolitan Police Department.

Nationals Park Vending Zone - the Vending Locations designated in § 529.1.

Neighborhood Vending Zones - any of the several areas delineated by the boundaries in § 528.1.

Old Georgetown - the area delineated by the boundaries in § 527.1.

Old Georgetown Vending Zone - the area designated by § 527. 2.

Person - any individual or business entity.

Public and private market - a vending operation which takes place in an area of public space set aside and permitted on a regular basis for the sale of goods, merchandise, and services provided on site. The terms "public market" and "private market" may include a farmers market, flea market, antiques market, or other similar type of market.

Public space - all publicly-owned property between property lines on a street, as such property lines are shown on the records of the District of Columbia, including any roadway, tree space, sidewalk, or parking area between property lines.

Registered agent - any person who maintains a residence or business address in the District of Columbia and is authorized by a vendor and agrees to accept service of process and legal notices on behalf of a vendor.

Roadway vendor - a vendor who operates a vending business while occupying public space in that portion of a street or highway that is improved, designed, or ordinarily used for vehicular parking.

School day - the period from 9:00 a.m. to 3:00 p.m. on a regular instructional day during the school year of the District of Columbia Public Schools, as defined in DCMR Title 5, Subtitle E, § 305.

Sidewalk vendor - a vendor at a sidewalk Vending Location who engages in business while occupying a portion of the public right of way other than that reserved for vehicular travel.

Special Event - an activity, such as shows and exhibits of any kind, conventions, parades, circuses, sporting events, fairs, and carnivals, held for a limited period at a designated location on public space and authorized by the Mayor, pursuant to D.C. Official Code § 47-2826 (2005 Repl.).

Stationary roadway vendor - a vendor who operates a vending business while occupying a fixed location with a valid vending site permit in an assigned roadway vending location as designated in § 531;

Street photography - the business of operating on public space and taking photographs, for profit or gain, of any person or persons upon public space with the intent to immediately, or within a reasonably brief time, deliver the photograph to the purchaser.

VDZ - shall have the same meaning as a Vending Development Zone.

Vending business - a business venue for the vending of food, products, services, or merchandise and operated by a licensed vendor.

Vending Business License - the basic business license with a vending endorsement issued by the Department of Consumer and Regulatory Affairs.

Vending cart - a wheeled, non-motorized, self-contained apparatus designed to be pulled by a vehicle or pushed by hand, designed to be operated from a sidewalk Vending Location, and from which food, products, merchandise, or services are intended to be vended.

Vending depot - any business that supplies vendors with merchandise, products, or food items, or that, for a fee, stores, services, or maintains vending stands, carts, or vehicles.

Vending Development Zone - a specific vending area created pursuant to § 570.

Vendor Employee Identification Badge - the badge issued by the Director of the Department of Consumer and Regulatory Affairs to a person employed by a licensed vendor pursuant to § 564.

Vending establishment - the actual structure that will constitute the means by which a vendor will offer goods or food for sale to the public, including vending vehicles, vending stands, and vending carts.

Vending Location - any of the locations in the public space identified by the Director of the District Department of Transportation as being suitable for vending.

Vending Site Permit - the permit issued by the Director of the Department of Consumer and Regulatory Affairs allowing for vending from the public space at a specified Vending Location.

Vending stand - a table or other similar approved structure used by a vendor for displaying merchandise, products, or food that is offered for sale, or offering a service in exchange for a fee.

Vending vehicle - a wheeled, self-contained vehicle used for the purpose of selling food, merchandise, products, or services upon the area of a street generally reserved for vehicular traffic or vehicular parking. The term "vending vehicle" may include trailers and self-propelled vehicles.

Vendor - any person engaged in selling goods and services exclusively from the public space and for the immediate delivery upon purchase.

D.C. Mun. Regs. tit. 24, r. 24-599

Regulation No. 74-39, 21 DCR 1285 (December 23, 1974); as amended by § 2 of the Vendors Regulation Amendments Act of 1978 (D.C. Law 2-82; 24 DCR 9293 (May 5, 1978)); as amended by § 502 of the District of Columbia Revenue Act of 1984 (D.C. Law 5-113; 31 DCR 3974, 3981 (August 10, 1984)); as amended by § 2 of the Vendors Regulation Amendment Act of 1988 (D.C. Law 7-121; 35 DCR 2874 (April 22, 1988)); as amended by Final Rulemaking published at 36 DCR 6846 (September 29, 1989); as amended by § 116 of the Omnibus Budget Support Act of 1993 (D.C. Law 10-25; 40 DCR 5489, 5498 (July 30, 1993)); 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.