§ 37–109. Other neighborhood vending.

(a) In order to maintain the theme and character of Eastern Market, any District of Columbia agency having jurisdiction over public property, including, but not limited to, the property under the jurisdiction of the District of Columbia Public Schools and the Department of Recreation and Parks, in the Eastern Market Special Use Area shall not permit retailing on such public property, except as generally is consistent with the activities at Eastern Market and with the prior written consent of the CPMO, after the review and comment of the market manager and the EMCAC, except that any contracts in place on August 1, 1997, shall be exempt from the provisions of this subsection.

(b) With the advice of the EMCAC, and after appropriate study, public hearing, and approval of the Department of Recreation and Parks, the market manager shall have the authority to extend operations and activities of the Eastern Market Square to the plaza in front of the Capitol Hill Natatorium.

(1) The CPMO shall not exercise this authority unless it is demonstrated there is sufficient demand from farmers, non-food market vendors, or the Sunday Flea Market vendors to create a viable extension of the Eastern Market Square.

(2) Any such extension shall not disturb the operations of the Capitol Hill Natatorium or impede the free flow of Natatorium users into and out of the building.