§ 37–131.01. Definitions.

For the purposes of this chapter, the term:

(1) "Fund" means the Vending Regulation Fund established by § 37-131.08(b).

(2) "Public market" means a vending operation that takes place in an area of public space set aside and permitted on a regular basis for the sale of goods, merchandise, or services provided onsite, including a farmers market, flea market, or antique market.

(3) "Sidewalk vending zone" means a geographically defined area with 3 or more vending locations at which a person may vend.

(4) "Sidewalk vending zone manager" means a non-profit organization headquartered in the District of Columbia that oversees sidewalk vendors operating within a sidewalk vending zone.

(5) "Sidewalk vendor" means a person who engages in business while occupying a portion of the public right-of-way other than that reserved for vehicular travel.

(6) "Vending cart" means 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.

(7) "Vending locations" means the specific locations designated by the Mayor on sidewalks, roadways, and other public space at which a person may vend.

(8) "Vending site permit" means a permit or other authorization issued by the Mayor for a vending location.

(Oct. 22, 2009, D.C. Law 18-71, § 2, 56 DCR 6619; July 1, 2023, D.C. Law 25-21, § 3(a), 70 DCR 6762.)

Section References

This section is referenced in § 2-1212.01, § 10-1141.02, and § 48-102.

Applicability

Section 7098 of D.C. Law 25-50 repealed section 5 of D.C. Law 25-21 removing the applicability provision impacting this section. Therefore the amendment of this section by section 3(a) of Law 25-21 has been implemented.

Applicability of D.C. Law 25-21: § 5 of D.C. Law 25-21 provided that the change made to this section by § 3(a) of D.C. Law 25-21 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.

Emergency Legislation

For temporary (90 day) addition, see § 10(a) of Vending Regulation Emergency Act of 2008 (D.C. Act 17-322, March 19, 2008, 55 DCR 3445).

For temporary (90 day) addition, see § 10(a) of Vending Regulation Emergency Act of 2009 (D.C. Act 18-9, January 29, 2009, 56 DCR 1638).

For temporary (90 day) addition, see § 10(a) of Vending Regulation Congressional Review Emergency Act of 2009 (D.C. Act 18-47, April 27, 2009, 56 DCR 3574).

For temporary (90 day) amendment of section, see § 2(a) of Fresh Healthy Mobile Cart Vending Pilot in Underserved Areas Emergency Amendment Act of 2012 (D.C. Act 19-325, March 18, 2012, 59 DCR 2261).

Temporary Legislation

Section 2(a) of D.C. Law 19-144 added pars. (1A) and (2A) to read as follows:

“(1A) ‘Healthy food vendor’ means a vendor that sells only unprocessed, unfrozen, whole, raw fruits and vegetables that have not been combined with other ingredients; provided, that the Mayor, by rule, may expand this definition to include other healthy food items.”.

“(2A) ‘Underserved area’ means a historically underutilized business zone, as defined by section 3(p)(1) of the Small Business Act, approved July 18, 1958 (72 Stat. 384; 15 U.S.C. § 632(p)(1)).”.

Section 5(b) of D.C. Law 19-144 provided that the act shall expire after 225 days of its having taken effect.

Delegation of Authority

Transfer of Authority for Vending Regulation, see Mayor’s Order 2009-106, June 16, 2009, ( 56 DCR 6853).