§ 37–131.02. Vending from public space.

(a) Except as set forth in subsection (b) of this section, a person shall not vend from a sidewalk, roadway, or other public space unless the person holds:

(1) A basic business license;

(2) A vending site permit, or other authorization issued by the Mayor, setting forth the specific location on public space from which the person may vend; and

(3) Such other licenses, permits, and authorizations that the Mayor may require by rule.

(b) The Mayor may authorize the following persons to vend from public space without a basic business license or vending site permit:

(1) An employee or youth assistant of a licensed vendor;

(2) A person vending at a licensed special event;

(3) A person vending at a public market that has been issued a valid permit by the Mayor; and

(4) A person or entity authorized to vend from public space without a license pursuant to subsection (d) of this section.

(d) The Mayor may establish by regulation exemptions from the licensure requirement for a person, entity, or categories of persons or entities to vend from public space without a basic business license when the public interest would be served by establishing such an exemption.

(e) Vendors may operate only during the following hours:

(1) Sunday through Thursday, from 5:00 a.m. to 12:00 a.m.; and

(2) Friday and Saturday from 5:00 a.m. to 1:00 a.m. the next day; provided, that vendors operating in Residential Zones, as specified in the District of Columbia Zoning Regulations, shall not vend past 10:00 p.m. on any night of the week.

(Oct. 22, 2009, D.C. Law 18-71, § 3, 56 DCR 6619; Mar. 9, 2016, D.C. Law 21-79, § 2(a), 63 DCR 762; July 1, 2023, D.C. Law 25-21, § 3(b), 70 DCR 6762.)

Effect of Amendments

The 2016 amendment by D.C. Law 21-79 added (b)(4) and made related changes.

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Section 7098 of D.C. Law 25-50 repealed section 5 of D.C. Law 25-21 removing the applicability provision impacting this section.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(b) 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(b) 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 days) amendment of this section, see § 2(a) of the Vending Regulations Emergency Amendment Act of 2015 (D.C. Act 21-255, Jan. 6, 2016, 63 DCR 520).

Delegation of Authority

Delegation of Authority Pursuant to the Vending Regulation Act of 2009, see Mayor’s Order 2010-91, June 4, 2010 ( 57 DCR 4911).