Vending Modernization Amendment Act of 2025

C o u n c i l o f t h e D i s t r i c t o f C o l u m b i a
O F F I C E O F C O U NC I L M E M B E R B R I A N N E K . N A D E A U
1 3 5 0 P e n n s y l v a n i a A v e n u e , N. W . , W a s h i n g t o n , D . C . 2 0 0 0 4

TO: Nyasha Smith, Secretary, Council of the District of Columbia
FROM: Councilmember Brianne K. Nadeau
Chair, Committee on Public Works & Operations
RE: “Vending Modernization Amendment Act of 2025”
DATE: July 14, 2025

Secretary Smith:

Today, I am introducing the “Vending Modernization Amendment Act of 2025” . This
permanent legislation is a revised version of Subtitle II(E) – VENDING, as submitted by Mayor
Bowser in the “Fiscal Year 2026 Budget Support Act of 2025”. The Committee on Public Works
& Operations recommended striking this subtitle in its FY2026 budget report, as it is not germane
to the budget and , as an extensive amendatory bill , warrants full consideration as a standalone
measure.

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A BILL

_________________________

IN THE COUNCIL OF THE DISTRICT OF COLUMBIA

_________________________

BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this 1
act may be cited as the “Vending Modernization Amendment Act of 2025”. 2
Sec. 2. The Vending Regulation Act of 2009, effective October 22, 2009 (D.C. Law 18-3
71; D.C. Official Code § 37-131.01 et seq.), is amended as follows: 4
(a) Section 2 (D.C. Official Code § 37-131.01) is amended as follows: 5
(1) Paragraph (1) is redesignated as paragraph (1C). 6
(2) New paragraphs (1), (1A), and (1B) are added to read as follows: 7
“(1) “Food truck” means a self-propelled mobile unit or vehicle, equipped to store, 8
cook, prepare, serve, or sell food. 9
“(1A) “Food truck operator” means a person who controls or manages a food 10
truck. 11
“(1B) “Food truck owner” means a person listed in the records of the Department 12
of Motor Vehicles, or the records of a motor vehicle agency of another jurisdiction, as an owner 13
of a food truck.”. 14
(3) New paragraphs (1D), (1E), and (1F) are added to read as follows: 15
_____________________________
Chairman Phil Mendelson
_____________________________
Councilmember Brianne K. Nadeau

2
“(1D) “Mobile vending license” means a basic business license that authorizes a 16
person to sell food, goods, merchandise, and services from a mobile vending location. 17
“(1E) “Mobile vending location” means a specific location, located in the portion 18
of a roadway reserved for vehicular parking, that is designated pursuant to this act as a location at 19
which a properly licensed and authorized person may vend from a vending truck or a food truck. 20
“(1F) “Mobile vendor” means a person who engages in business while occupying 21
a portion of the public right-of-way reserved for vehicular parking or travel.”. 22
(4) New paragraphs (2A), (2B), (2C), (2D), (2E), (2F), and (2G) are added to read 23
as follows: 24
“(2A) “Public right-of-way” means all the publicly owned property between 25
property lines shown on the records of the District, and includes any roadway, tree space, 26
sidewalk, or parking between such property lines. 27
“(2B) “Public space” means: 28
“(A) The public right-of-way; and 29
“(B) Other property owned by or under the administrative control or 30
jurisdiction of the District that is generally open and accessible to the public, including public 31
squares, plazas, and parks. 32
“(2C) “Required authorization” means a vending license, vending location permit, 33
or other license, permit, or authorization required under section 3(a) or any other license, permit, 34
or authorization required by applicable law or regulation to lawfully vend from a sidewalk, 35
roadway, or other public space. 36
“(2D) “Roadway” means the portion of the public right-of-way that is reserved for 37
vehicular travel or parking. 38
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“(2E) “Sidewalk vending license” means a basic business license that authorizes a 39
person to sell food, goods, merchandise, and services at a sidewalk vending location. 40
“(2F) “Sidewalk vending location” means a specific location, located on a 41
sidewalk or other portion of the public space that is designated pursuant to this act as a location 42
where a sidewalk vendor may vend. 43
“(2G) “Sidewalk vendor” means a person possessing a sidewalk vending license.”. 44
(4) Paragraph (5) is amended by striking the phrase “vehicular travel” and 45
inserting the phrase “vehicular travel or parking”. 46
(5) New paragraphs (6A) and (6B) are added to read as follows: 47
“(6A) “Vending license” means a sidewalk vending license or mobile vending 48
license. 49
“(6B) “Vending location permit” means a permit or other authorization issued by 50
the Mayor authorizing a vendor to vend in the public space at a specific location.”. 51
(6) Paragraph (8) is repealed. 52
(7) New paragraphs (9), (10), (11), and (12) are added to read as follows: 53
“(9) “Vending truck” means a mobile unit or vehicle, equipped to store, cook, 54
prepare, serve, or sell food or to store, prepare, and sell goods, merchandise, or services. The 55
term “vending truck” includes a food truck. 56
“(10) “Vending truck operator” means a person who controls or manages a 57
vending truck. 58
“(11) “Vending truck owner” means a person listed in the records of the 59
Department of Motor Vehicles, or the records of a motor vehicle agency of another jurisdiction, 60
as an owner of a vending truck. 61
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“(12) “Vendor” means a person who sells or offers for sale any food, goods, 62
merchandise, or services from public space. The term “vendor” includes a food truck operator, 63
vending truck operator, mobile vendor, and sidewalk vendor.”. 64
(b) Section 3 (D.C. Official Code § 37-131.02) is amended as follows: 65
(1) Subsection (a) is amended to read as follows: 66
“(a) Except as provided in subsection (b) of this section, a person shall not vend from a 67
sidewalk or other public space unless the person: 68
“(1) Holds a sidewalk vending license; 69
“(2) Holds such other licenses, permits, and authorizations, including a vending 70
location permit, as the Mayor may require by rule; 71
“(3) Is vending at a designated sidewalk vending location, at which the person is 72
authorized to vend, during the hours that vending is authorized at the location; and 73
“(4) Is otherwise operating in compliance with District law.”. 74
(2) A new subsection (a-1) is added to read as follows: 75
“(a-1) A person shall not vend from a portion of a roadway that is reserved for vehicular 76
parking unless the person: 77
“(1) Holds a mobile vending license; 78
“(2) Holds such other licenses, permits, and authorizations that the Mayor may 79
require by rule; 80
“(3) Is vending at a designated mobile vending location, at which the person is 81
authorized to vend, pursuant to a vending location permit when required under this act or rules 82
issued pursuant to this act, during the hours that vending is authorized at the location; and 83
“(4) Is otherwise operating in compliance with District law.”. 84
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(3) Subsection (b) is amended to read as follows: 85
“(b) The Mayor may authorize the following persons to vend from public space without a 86
sidewalk vending license or mobile vending license: 87
“(1) An employee or youth assistant of a licensed vendor; 88
“(2) A person vending at a licensed special event; 89
“(3) A person vending at a licensed public market that has been issued a valid 90
license, authorization, or permit by the Mayor; 91
“(4) A person vending as a brick-and-mortar partner, as established in section 9e; 92
“(5) A person authorized to vend in public space by another law or regulation. 93
(4) A new subsection (d-1) is added to read as follows: 94
“(d-1) No person shall alter, falsify, or misrepresent any license, permit, or required 95
authorization.”. 96
(5) Subsection (e) is amended to read as follows: 97
“(e)(1) Vendors may operate only during the following hours: 98
“(A) Sunday through Thursday, from 5:00 a.m. to 12:00 a.m.; and 99
“(B) Friday and Saturday from 5:00 a.m. to 1:00 a.m. the next day; 100
provided, that vendors operating in Residential Zones, as specified in the District of Columbia 101
Zoning Regulations, shall not vend past 10:00 p.m. on any night of the week. 102
“(2) Any vending-related items, including merchandise, goods, and furniture, left 103
in public space after the operating hours as prescribed in this subsection shall be considered 104
abandoned and subject to immediate removal or disposal by the Department of Public Works; 105
provided, that vending trucks and vending carts left in public space after vending hours shall be 106
subject to impoundment and towing in accordance with section 8b.”. 107
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(6) New subsections (f) and (g) are added to read as follows: 108
“(f) A person vending from public space shall display their vending license at their 109
vending location in a conspicuous place viewable by the public. 110
“(g) Upon the request of a law enforcement officer or civil enforcement officer, a person 111
vending from public space shall present their vending license and any other required 112
authorization.”. 113
(c) Section 5 (D.C. Official Code § 37-131.04) is amended to read as follows: 114
“Sec. 5. Sidewalk vending locations. 115
“(a) The Mayor shall designate sidewalk vending locations in the District; provided, that a 116
sidewalk vending location shall not be located within: 117
“(1) 20 feet of a driveway entrance to a police or fire station; 118
“(2) 10 feet of any other driveway; 119
“(3) 10 feet of an alley; 120
“(4) 20 feet of a street-level entry to a Metrorail escalator; 121
“(5) 10 feet of a street-level door to a Metrorail elevator; 122
“(6) A marked loading zone, entrance zone, or parking space designated for 123
diplomatic parking, or other curbside location restricted for certain vehicles or uses; 124
“(7) 10 feet of a fire hydrant or in-ground fire standpipe; 125
“(8) 5 feet from a building’s marked fire control room; or 126
“(9) A Metrobus stop zone, a commuter bus stop zone, an intercity bus stop zone, 127
or other curbside zone specifically designated as being for transit use. 128
“(b)(1) A person that holds a sidewalk vending license and any other required 129
authorizations may vend from any sidewalk vending location designated by the Mayor pursuant 130
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to subsection (a), unless: 131
“(A) The location is assigned to another person as described in paragraph 132
(2) of this subsection; 133
“(B) The Mayor establishes, by rule, a system by which sidewalk vending 134
locations are assigned to specified sidewalk vendors and the person is not the sidewalk vendor 135
assigned to the sidewalk vending location; 136
“(C) The sidewalk vending location is located in a sidewalk vending zone 137
established in accordance with section 9a, in which case the sidewalk vending location may be 138
assigned by such means as may be established for the sidewalk vending zone; or 139
“(D) The sidewalk vending location is located in a public market 140
established in accordance with section 7. 141
“(2) A sidewalk vendor that holds a license issued before the effective date of the 142
Vending Modernization Amendment Act of 2025 shall be permitted to continue to vend at the 143
vending location designated in that license until the expiration date of the license or its 144
revocation, and no other sidewalk vendor may vend in that location until after such expiration 145
date or revocation.”. 146
“(c) The Mayor may designate specific hours, other than those established pursuant to 147
section 3(e), during which vending is allowed at a sidewalk vending location.”. 148
(d) A new section 5a is added to read as follows: 149
“Sec. 5a. Mobile vending locations. 150
“(a) The Mayor shall designate mobile vending locations in the District; provided, that a 151
mobile vending locations shall not be located: 152
“(1) Within an area under the exclusive jurisdiction of the United States Park 153
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Police, the United States Capitol Police, or any other agency of the United States government; 154
“(2) Within a designated loading zone, entrance zone, parking space designated 155
for diplomatic parking or valet parking, or other curbside zone restricted for certain vehicles or 156
uses; 157
“(3) Along the length of a Metrobus stop zone, a commuter bus stop zone, an 158
intercity bus stop zone, or other curbside zone specifically designated for transit use; 159
“(4) Within 40 feet of the driveway entrance to a police or fire station, or within 160
20 feet of any other driveway; 161
“(5) Within 20 feet of an alley; 162
“(6) Within 40 feet of a crosswalk; 163
“(7) Within 10 feet of a fire hydrant; 164
“(8) Within any of the locations enumerated in 24 DCMR § 535.3; 165
“(9) Within any location that is immediately adjacent to a permitted sidewalk café; 166
or 167
“(10) Within 5 feet from a building’s marked fire control room. 168
“(b) A person may vend from a mobile vending location only if the person is a licensed 169
mobile vendor who holds a vending location permit issued by the Mayor for the specific mobile 170
vending location. 171
“(c) Vending location permits for mobile vending locations shall be assigned by lotteries 172
conducted by the Mayor, unless: 173
“(1) The Mayor establishes an alternate means of assignment by rule; 174
“(2) The mobile vending location is located in a public market established in 175
accordance with section 7. 176
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“(d) The Mayor may limit vending in a mobile vending location to food trucks. 177
“(e) The Mayor may designate specific hours, other than the hours established pursuant to 178
section 3(e), during which vending is allowed at a mobile vending location. 179
“(f)(1) It shall be unlawful to park, leave unattended, or store a vehicle at a mobile 180
vending location if that vehicle is not a vending truck authorized to operate from the mobile 181
vending location, or if the vehicle is parked, left unattended, or stored outside the authorized 182
vending operating hours for the mobile vending location. 183
“(2) A violation of paragraph (1) of this subsection shall subject the vehicle to 184
being towed and impounded in accordance with section 8b.”. 185
(e) Section 6 (D.C. Official Code § 37-131.05) is repealed. 186
(f) Section 7a (D.C. Official Code § 37-131.06a) is amended by striking the phrase “basic 187
business license, a vending site permit” and inserting the phrase “sidewalk vending license, 188
mobile vending license, vending location permit” in its place. 189
(g) Section 7b (D.C. Official Code § 37-131.06b) is amended as follows: 190
(1) The section heading is amended to read as follows: “Sec. 7b. Vending truck, 191
vending cart, and other vending design standards.”. 192
(2) Subsection (a) is amended by: 193
(A) Striking the phrase “Food vending cart and vehicle designs” and 194
inserting the phrase “Vending cart and vending truck designs” in its place; and 195
(B) Striking the phrase “food vending carts and vehicles for vendors” and 196
inserting the phrase “food trucks and food carts” in its place. 197
(3) Subsection (b) is amended as follows: 198
(A) Paragraph (1) is amended by striking the phrase “through which 199
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businesses, community-based organizations, and vendors can submit food vending cart” and 200
inserting the phrase “through which businesses, community-based organizations, and sidewalk 201
vending zone managers can submit vending truck and vending cart” in its place. 202
(B) Paragraph (2) is amended by: 203
(i) Striking the phrase “food vending cart” wherever it appears and 204
inserting the phrase “food truck or food cart” in its place; 205
(ii) Striking the phrase “the cart” wherever it appears and inserting 206
the phrase “the food truck or food cart” in its place; and 207
(iii) Striking the phrase “food cart” and inserting the phrase “food 208
truck or food cart” in its place. 209
(C) Paragraph (3) is amended by: 210
(i) Striking the phrase “food vending cart” wherever it appears and 211
inserting the phrase “food truck or food cart” in its place; and 212
(ii) Striking the phrase “business, non-profit, community-based 213
organization, or vendor” and inserting the word “applicant” in its place. 214
(4) Subsection (c) is amended by: 215
(A) Striking the phrase “food vending cart” wherever it appears and 216
inserting the phrase “food truck or food cart” in its place; and 217
(B) Striking the phrase “the cart” and inserting the word “food truck or 218
food cart” in its place. 219
(5) A new subsection (d) is added to read as follows: 220
“(d) The Mayor may, by rule, establish other design standards for vending, including 221
design standards for tables, signage, and other furniture and equipment”. 222
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(h) Section 7c (D.C. Official Code § 37-131.06c) is amended by adding a new subsection 223
(e) to read as follows: 224
“(e) A food vending cart shall not be stored or left in public space after the hours of 225
operation for vending in the public space. A food vending cart that is left in public space after 226
the hours of operation for vending shall be deemed abandoned and subject to immediate removal 227
and disposal in accordance with section 3(e)(3).”. 228
(i) Section 8 (D.C. Official Code § 37-131.07) is amended as follows: 229
(1) Strike the phrase “vending site permit” wherever it appears and insert the 230
phrase “vending location permit” in its place. 231
(2) Subsection (a)(1) is amended as follows: 232
(A) Subparagraph (A) is amended by striking the phrase “basic business 233
license” and inserting the phrase “sidewalk vending license or mobile vending license” in its 234
place. 235
(B) Subparagraph (B) is amended by striking the phrase “vending site 236
permit” and inserting the phrase “vending location permit” in its place. 237
(C) Subparagraph (C) is amended by striking the phrase “mobile roadway 238
vending site permit” and inserting the phrase “mobile vending location permit” in its place. 239
(D) Subparagraph (D) is amended by striking the phrase “vending site 240
permit” and inserting the phrase “vending location permit” in its place. 241
(E) Subparagraph (E) is amended by striking the phrase “vending site 242
permit” and inserting the phrase “vending location permit” in its place. 243
(3) Subsection (a-1)(3) is amended by striking the phrase “means a food venue” 244
and inserting the phrase “means a public market” in its place. 245
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(4) Subsection (b) is amended as follows: 246
(A) Paragraph (2) is amended as follows: 247
(i) Subparagraph (A) is amended to read as follows: 248
“(A) Fees paid for the application for, and issuance or renewal of, a 249
sidewalk vending license or mobile vending license, including late fees;”. 250
(ii) Subparagraph (B) is amended by striking the phrase “vending 251
site permit” and inserting the phrase “vending location permit” in its place. 252
(B) Paragraph (4) is amended by striking the phrase “a basic business 253
license” and inserting the phrase “a sidewalk vending license or mobile vending license” in its 254
place. 255
(j) New sections 8a and 8b are added to read as follows: 256
“Sec. 8a. Seizure of unlawfully vended merchandise and associated vending property. 257
“(a) The Mayor may, upon issuance of a notice of infraction and seizure and without 258
providing a prior opportunity to be heard, seize any merchandise being sold from public space, as 259
well as any property, including vending carts and equipment, used to vend the merchandise, if: 260
“(1) The person: 261
“(A) Is vending the merchandise without a required authorization; 262
“(B) Fails to provide proof of a required authorization upon the request of 263
the enforcement officer; or 264
“(C) Offers or provides to an enforcement officer an altered or falsified 265
required authorization. 266
“(2) An altered or falsified required authorization is displayed at the location 267
where the merchandise is being vended. 268
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“(b)(1) If the Mayor seizes a person’s merchandise or property pursuant to subsection (a), 269
the Mayor shall hand deliver the notice of infraction and seizure to the vendor, and the notice of 270
infraction and seizure shall be treated for purposes of answering, hearing, adjudication, decision, 271
and appeal as a notice of infraction under section 201 of the Department of Consumer and 272
Regulatory Affairs Civil Infractions Act of 1985 (“Civil Infractions Act”), effective October 5, 273
1985 (D.C. Law 6-42; D.C. Official Code § 2-1802.01). 274
“(2) If the person vending the merchandise is different than the individual listed in 275
DLCP’s records as the business owner, the Mayor shall also provide the notice of infraction and 276
seizure, by first-class mail, no later than 5 business days after property is seized, to the last 277
known address of the business owner in DLCP’s records. If DLCP has no record of the business 278
license owner, providing the notice of infraction and seizure to the person vending the 279
merchandise shall be considered constructive notice to the owner of the merchandise. 280
“(3) A notice of infraction and seizure issued pursuant to paragraph (1) or (2) of 281
this subsection shall include the information required by section 201(b) of the Civil Infractions 282
Act (D.C. Official Code § 2-1802.01(b)) and the following additional information: 283
“(A) A description of the action taken by the Mayor, including a 284
description of the seized merchandise and property; 285
“(B) A statement that the respondent has a right to request an expedited 286
hearing by making a request for an expedited hearing in writing within 3 business days after 287
service of the notice; 288
“(C) The method by which the respondent may recover the merchandise or 289
property that was seized, if applicable; 290
“(D) The date by which the respondent must recover the merchandise or 291
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property before it may be subject to forfeiture and disposal pursuant to this section, which date 292
shall be at least 21 days after the date of seizure, except where the merchandise or property is 293
likely to perish or be greatly reduced in value after seizure or the expense of keeping the 294
merchandise or property is disproportionate to its value; 295
“(E) A statement that the merchandise or property shall be considered 296
forfeited and will be sold or otherwise disposed of if it is not recovered by the respondent within 297
21 days of seizure; except as provided in subparagraph (F) of this paragraph; and 298
“(F) A statement that if the merchandise or property is likely to perish or 299
be greatly reduced in value by or after its seizure, or the expense of keeping the merchandise or 300
property is disproportionate to its value, the Mayor may immediately sell or otherwise dispose of 301
the merchandise or property. 302
“(c)(1) When merchandise or property is seized pursuant to this section, the Mayor shall: 303
“(A) Place the merchandise and property in an area designated by the 304
Mayor for safe storage until disposition; 305
“(B) Create an inventory of the seized merchandise and property with a 306
description of all merchandise and property seized; and 307
“(C) Assign an identification number to each item of merchandise and 308
property seized, except as provided in paragraph (2) of this subsection. 309
“(2) For the purposes of this subsection: 310
“(A) A sum of currency shall be deemed to be a single item of property; 311
and 312
“(B) Identical items may be identified by a single identification number; 313
provided, that the quantity of the item is listed with the identification number. 314
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“(d)(1) If seized merchandise or property is likely to perish or be greatly reduced in value 315
by or after its seizure, or the expense of keeping the merchandise or property is disproportionate 316
to its value, the Mayor may immediately sell or otherwise dispose of the merchandise or property. 317
“(2) If, pursuant to paragraph (1) of this subsection, the Mayor sells seized 318
merchandise or property, the sale proceeds shall become substitute property for the original 319
seized merchandise or property and shall be subject to forfeiture in accordance with the standards 320
and procedures set forth in this section. 321
“(3) If, pursuant to paragraph (1) of this subsection, the Mayor discards seized 322
property, the fair market value of the discarded property before it is discarded shall become 323
substitute property for the original seized property and shall be subject to forfeiture in accordance 324
with the standards and procedures set forth in this section. 325
“(4) The Mayor shall maintain records of merchandise and property sold or 326
otherwise disposed of under this subsection, including the purchase price of any merchandise or 327
property sold, and shall maintain the disposition records with the associated inventory of seized 328
merchandise and property. 329
“(e) The vendor, or the owner if different from the vendor, whose merchandise or 330
property is seized pursuant to this section, or a person duly authorized by such person, may 331
secure the release of the merchandise or property by paying the seizure fee, transportation fee, 332
and storage fee, if any, for the merchandise or property. 333
“(f) The person to whom the merchandise or property is returned shall acknowledge 334
receipt and possession of each item of returned merchandise or property by reference to the 335
specific property identification number assigned to the item. 336
“(g) A person whose merchandise or property is seized pursuant to this subsection shall 337
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be entitled to a refund of the seizure fee, transportation fee, and storage fees if the violations or 338
infractions giving rise to the seizure are dismissed or overturned and such dismissal or 339
overturning is neither subject to appeal nor under appeal by the District. 340
“(h) If a person whose merchandise or property is seized pursuant to this section does not 341
claim the seized merchandise or property by the date set forth in the notice of infraction and 342
seizure, the merchandise and property shall be deemed forfeited and the Mayor may sell, destroy, 343
or otherwise dispose of the merchandise and property. 344
“(i)(1) A person whose merchandise or property is seized pursuant to this section and fails 345
to reclaim their merchandise or property within 21 days after seizure, or such later date as may be 346
set forth in the notice of infraction and seizure, or such earlier date in the case of seized 347
merchandise or property that is likely to perish or be greatly reduced in value by or after its 348
seizure or for which the expense of keeping the merchandise or property is disproportionate to its 349
value, and whose property is thereafter sold, destroyed, or otherwise disposed of by the Mayor 350
shall nevertheless be entitled to recover the fair market value of any merchandise or property 351
sold, destroyed, or otherwise disposed of if: 352
“(A) The person timely requests a hearing on the applicable notice of 353
infraction and seizure; 354
“(B) The administrative law judge issues an order dismissing the notice of 355
infraction and seizure or finding no violation and the order is neither subject to appeal nor under 356
appeal by the District; and 357
“(C) The person establishes the merchandise or property’s fair market 358
value by a preponderance of the evidence. 359
“(2) If the Mayor has sold the merchandise or property, the price paid by a good- 360
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faith purchaser, other than the person whose property was seized, shall establish a rebuttable 361
presumption of the fair market value of the property. 362
“(j) The Mayor, pursuant to Title I of the District of Columbia Administrative Procedure 363
Act, approved October 21, 1968 (82 Stat. 1204; D.C. Official Code § 2- 501, et seq.) may issue 364
rules to implement this subsection. 365
“Sec. 8b. Towing and impoundment of unlawfully operating vending trucks. 366
“(a)(1) The Mayor may, upon issuance of a notice of infraction and impoundment and 367
without providing a prior opportunity to be heard, seize, tow, and impound: 368
“(A) A vending truck if the vending truck owner, vending truck operator, 369
or an agent or employee of the vending truck owner or vending truck operator: 370
“(i) Is vending from the vending truck without a required 371
authorization; 372
“(ii) Provides to an enforcement officer an altered or falsified 373
required authorization; 374
“(iii) Fails to provide proof of a required authorization upon 375
request by an enforcement officer; or 376
“(iv) Operates the vending truck illegally in public space; or 377
“(B) A vending truck that: 378
“(i) Is illegally parked in public space; or 379
“(ii) Displays an altered or falsified required authorization. 380
“(C) A vehicle that is illegally parked in a vending truck vending zone. 381
“(2) If towing services are not immediately available, the Mayor may immobilize 382
the vehicle until towing services are available. 383
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“(b)(1) If the Mayor impounds a vending truck under this subsection, the Mayor shall, as 384
further described in this subsection, provide a written notice of infraction and impoundment to: 385
“(A) The vending truck owner; 386
“(B) The vending truck operator if different than the food truck owner; 387
and 388
“(C) Any lienholders of record of the vending truck, if applicable. 389
“(2) A notice of infraction and impoundment issued pursuant to this section shall 390
be treated for purposes of answering, hearing, adjudication, decision, and appeal as a notice of 391
infraction under section 201 of the Department of Consumer and Regulatory Affairs Civil 392
Infractions Act of 1985 (“Civil Infractions Act”), effective October 5, 1985 (D.C. Law 6-42; D.C. 393
Official Code § 2-1802.01). 394
“(3) A notice of infraction and impoundment issued pursuant to this section shall 395
include the information required by section 201(b) of the Civil Infractions Act (D.C. Official 396
Code § 2-1802.01(b)) and the following additional information: 397
“(A) The vehicle identification number of the vending truck, if applicable; 398
“(B) The amount of any fees imposed or to be imposed; 399
“(C) A statement that the vending truck will be kept for 72 hours and a 400
description of the procedures for reclaiming the vending truck, which shall be the procedures 401
described in section 9 of the Removal and Disposition of Abandoned and Other Unlawfully 402
Parked Vehicles Reform Act of 2003, effective October 28, 2003 (D.C. Law 15-35; D.C. Official 403
Code § 50-2421.09); 404
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“(D) The date by which the person must reclaim the vending truck before 405
it shall be subject to forfeiture and disposal pursuant to this section, which date shall be at least 406
28 days after the date of impoundment; 407
“(E) A statement that the vending truck shall be considered forfeited and 408
will be sold or otherwise disposed of if it is not reclaimed by the expiration of the reclamation 409
period, and that any food, merchandise, or equipment on the vending truck shall also be 410
considered forfeited and disposed of in accordance with section 8a; and 411
“(4)(A) The maximum rates that may be charged for the towing of a vending truck 412
pursuant to this section shall be as follows: 413
“(i) $750 for preparation, hoist, and tow (including use of a roll- 414
back or wheel lift) to a location within the District; 415
“(ii) $20 per mile for towing beyond the District line; and 416
“(iii) $75 for storage per 24-hour period or part thereof. 417
“(B) Upon written request, and if approved by the Director of the 418
Department of Licensing and Consumer Protection, the private tow company employed to 419
remove a vending truck pursuant to this section may charge a towing fee greater than what is set 420
forth in this subsection, but no greater than three times the amount. 421
“(5)(A) The notice of infraction and impoundment shall be provided by hand to 422
the vending truck operator, if the vending truck operator is present at the time the notice is 423
issued. If a vending truck operator is not present at the time the notice is issued, the notice shall 424
be posted in a prominent location on the vending truck. 425
“(B) The notice of infraction and impoundment shall be provided to the 426
vending truck owner, if different than the vending truck operator, by first-class mail, no later than 427
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5 days after the vehicle is seized, towed, or impounded, to the last known address of the vending 428
truck owner, as that information is indicated in the records of the Department of Motor Vehicles 429
or in the records of the appropriate agency of the jurisdiction where the vending truck is 430
registered, if applicable. 431
“(C) If neither the vending truck owner nor a vending truck operator is 432
present at the time the notice of infraction and impoundment is issued, and the vending truck 433
does not have a license plate attached to it, then the notice shall be posted on DLCP’s or a 434
District government webpage dedicated to the posting of such notices. 435
“(D) A notice to a lienholder of record, if applicable, shall be provided by 436
first-class mail to their last known address as that information is indicated in the records of the 437
Department of Motor Vehicles or in the records of the appropriate agency of the jurisdiction 438
where the vending truck is registered. 439
“(6) After the vending truck has been held for 72 hours in accordance with 440
subsection (b)(3)(C), a vending truck owner, or a person duly authorized by a vending truck 441
owner, may secure the release of an impounded vending truck by becoming licensed to operate in 442
the District of Columbia, paying the impoundment fee, towing fee, immobilization fee, if 443
applicable, for the impounded vending truck, and furnishing proof of entitlement to possession of 444
the vehicle, including proof of licensure to operate a vehicle, title, and registration. 445
“(7) A vending truck owner shall be entitled to a refund of the impoundment fee, 446
towing fee, immobilization fee, if applicable, and no more than 3 business days storage costs, if 447
applicable, if the violations or infractions giving rise to the impoundment are dismissed or 448
overturned and such dismissal or overturning is neither subject to appeal nor under appeal by the 449
District. 450
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“(8) A vending truck impounded under this section may be disposed of pursuant 451
to section 10 of the Removal and Disposition of Abandoned and Other Unlawfully Parked 452
Vehicles Reform Act of 2003, effective October 28, 2003 (D.C. Law 15-35; D.C. Official Code § 453
50-2421.10). 454
“(9) The Mayor may contract with, or otherwise engage, a private entity to tow, 455
impound, store, and release vending trucks pursuant to this section and to perform ancillary 456
services. 457
“(10) For the purposes of this subsection, the term “enforcement officer” shall 458
have the meaning set forth in section 9(d)(3)(B). 459
“(11) The Mayor, pursuant to Title I of the District of Columbia Administrative 460
Procedure Act, approved October 21, 1968 (82 Stat. 1204; D.C. Official Code § 2-501 et seq.), 461
may issue rules to implement this subsection.”. 462
(k) Section 9 (D.C. Official Code § 37-131.08) is amended as follows: 463
(1) The section title is amended to read as follows: 464
“Sec. 9. Penalties; enforcement procedures. 465
(2) Subsection (a) is amended to read as follows: 466
“(a) The following violations shall be Class 1 civil infractions and subject to the removal, 467
impoundment, or disposal of vending-related materials pursuant to sections 8a and 8b; fines 468
pursuant to section 3201 of Title 16 of the District of Columbia Municipal Regulations (16 469
DCMR § 3201); or both: 470
“(1) Vending without a valid license, permit, or other required authorization, as 471
prohibited by section 3(a); 472
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“(2) Vending from a location from which the vendor is not authorized to vend, as 473
prohibited by section 3(a); or 474
“(3) Failure to display a vending license, as prohibited by section 3(f).”. 475
(2) Subsection (b) is amended to read as follows: 476
“(b)(1) The Mayor may impose civil fines for any other violation of this act, or any rule 477
issued pursuant to this act, pursuant to the Department of Consumer and Regulatory Affairs Civil 478
Infractions Act of 1985, effective October 5, 1985 (D.C. Law 6-42; D.C. Official Code § 2- 479
1801.01 et seq.). 480
“(2) The adjudication of such fines shall be pursuant to the Civil Infractions Act.”. 481
(3) Subsection (c) is amended as follows: 482
(A) The existing text is designated as paragraph (1). 483
(B) A new paragraph (2) is added to read as follows: 484
“(2) The Mayor shall not bring a charge against a violator pursuant to subsection 485
(f) unless having first demonstrated an attempt to enforce compliance through the removal, 486
impoundment, or disposal of vending-related materials pursuant to sections 8a and 8b.”. 487
(4) A new subsection (f) is added to read as follows: 488
“(f) A person shall be guilty of a misdemeanor and, upon conviction, be subject to a fine 489
not to exceed twice the amount set forth in or revised pursuant to subsection (g) of this section, 490
notwithstanding section 101 of the Criminal Fine Proportionality Amendment Act of 2012, 491
effective June 11, 2013 (D.C. Law 19-317; D.C. Official Code § 22-3571.01), imprisonment not 492
to exceed 90 days, or both, foreach violation that includes both of the following: : 493
“(1) A violation as provided in subsection (a); and 494
“(2) One of the following: 495
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496
“(A) Knowingly altering, falsifying, or misrepresenting any license, 497
permit, or required authorization, as prohibited by section 3(d-1); 498
“(B) Failing to produce identification in accordance with subsection (d); or 499
“(C) Knowingly acting in a manner that impedes or evades civil 500
enforcement of this act.”. 501
(3) A new subsection (g) is added to read as follows: 502
“(g)(1) A person who commits a violation listed in subsection (f) may, as an alternative to 503
the criminal sanctions provided by subsection (f), be subject to a civil fine for a first offense, 504
except as provided in paragraph (2). 505
“(2) A person who vends from a food truck without a license, permit, or other 506
authorization required by this act, as prohibited by section 3(f), may, as an alternative to the 507
criminal sanctions provided by subsection (f) of this section, be subject to a civil fine for a first 508
offense. 509
“(3) For every subsequent infraction set forth in paragraph (1) or (2) of this 510
subsection that occurs within a year of a previous infraction, the fine shall be doubled. 511
“(4) Fines provided for under this subsection shall be imposed and adjudicated 512
pursuant to the Civil Infractions Act.”. 513
(3) Subsection (b) is amended to read as follows: 514
“(b)(1) The Mayor may impose civil fines for any other violation of this act, or any rule 515
issued pursuant to this act, pursuant to the Department of Consumer and Regulatory Affairs Civil 516
Infractions Act of 1985, effective October 5, 1985 (D.C. Law 6-42; D.C. Official Code § 2- 517
1801.01 et seq.). 518
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“(2) The adjudication of such fines shall be pursuant to the Civil Infractions Act.”. 519
(3) Subsection (d) is amended to read as follows: 520
“(d)(1) A person who violates subsection (a) of this section in the presence of an 521
enforcement officer shall identify himself or herself at the direction of the officer by giving his or 522
her legal name and current address. If the person refuses to provide his or her legal name and 523
current address, or if the enforcement officer has reason to believe that the person is providing an 524
incorrect name or address, the enforcement officer may request that the person provide 525
reasonable identification. Upon request of the enforcement officer, the person shall produce 526
reasonable identification. 527
“(2) If the individual refuses to provide his or her legal name and current address, 528
or if the civil enforcement officer has reason to believe that the person is providing an incorrect 529
name or address, the civil enforcement officer may request that the person provide reasonable 530
identification. Upon the request of the civil enforcement officer, the person shall produce 531
reasonable identification. 532
“(3) For the purposes of this subsection, the term: 533
“(A) “Civil enforcement officer” means a person, other than a law 534
enforcement officer, who is authorized to enforce the provisions of this act. 535
“(B) “Reasonable identification” means a government-issued identification 536
card that includes a person’s legal name, current address, and picture. 537
“(4) Nothing in this section shall be construed to restrict the authority of a law 538
enforcement officer to enforce the actions of a person engaged in unlawful conduct while 539
vending.”. 540
(5) Subsection (e) is amended as follows: 541
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(A) The existing text is designated as paragraph (1). 542
(B) A new paragraph (2) is added to read as follows: 543
“(2) The Mayor may amend the fines set forth in this section by rule.”. 544
(l) Section 9a (D.C. Official Code § 37-131.08a) is amended as follows: 545
(1) Subsection (a) is amended as follows: 546
(A) Paragraph (1) is amended to read as follows: 547
“(1) Establish sidewalk vending locations, pursuant to an approved vending site 548
plan submitted by a sidewalk vending zone manager, provided that no such sidewalk vending 549
location shall be in a location prohibited by section 5a(a);” 550
(B) Paragraph (3) is amended by: 551
(i) Striking the phrase “basic business license” and inserting the 552
phrase “sidewalk vending license” in its place; and 553
(ii) Striking the phrase “; and” and inserting a semicolon in its 554
place. 555
(C) Paragraph (4) is amended to read as follows: 556
“(4) Require all sidewalk vendors to vend from a stand, table, or cart that can be 557
moved by hand; or an approved stationary kiosk in which merchandise can be locked and 558
secured; and 559
(2) Subsection (b)(1) is amended as follows: 560
(A) Subparagraph (D) is repealed. 561
(B) Subparagraph (E) is amended to read as follows: 562
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“(E) A Business Improvement District, as that term is defined in section 563
3(7) of the Business Improvement Districts Act of 1996, effective May 29, 1996 (D.C. Law 11-564
134; D.C. Official Code § 2-1215.02(7)), within the affected area;”. 565
(C) A new subparagraph (F) is added to read as follows: 566
“(F) A theatre, sports, or entertainment venue within the affected area.”. 567
(3) Subsection (c) is amended as follows: 568
(A) Paragraph (1) is amended to read as follows: 569
“(1) Each sidewalk vending zone shall be supervised by a sidewalk vending zone 570
manager, which may be either: 571
“(A) An employee of the Department of Licensing and Consumer 572
Protection, or other agency as determined by the Mayor; 573
“(B) A private organization contracted for such purposes, as provided in 574
paragraph (2).”. 575
(B) Paragraph (2) is amended to read as follows: 576
“(2) For a sidewalk vending zone authorized by this section and section 9b, the 577
Mayor may contract or enter into a memorandum of understanding with a private organization to 578
serve as a sidewalk vending zone manager.”. 579
(3) Subsection (d) is amended as follows: 580
(A) Paragraph (1) is amended as follows: 581
(i) Subparagraph (A) is amended to read as follows: 582
“(A) Submit to the Department of Licensing and Consumer Protection a 583
vending site plan, which shall include vending cart and vending table design standards. 584
(ii) A new subparagraph (A-i) is added to read as follows: 585
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“(A-i) Enforce the vending site plan, including by reviewing and 586
approving vendors’ vending cart and vending table specifications and designs in accordance with 587
the approved vending site plan:” 588
(iii) Subparagraph (G) is amended by striking the phrase “; and” 589
and inserting a semicolon in its place. 590
(iv) Subparagraph (H) is amended by striking the period at the end 591
and inserting the phrase “; and” in its place. 592
(v) A new subparagraph (I) is added to read as follows: 593
“(I) Obtain a public market manager’s license from the Department of 594
Licensing and Consumer Protection.”. 595
(B) Paragraph (3)(A) is amended by striking the phrase “business address” 596
and inserting the phrase “business address, and home address, if different from the business 597
address,” in its place. 598
(m) Section 9b (D.C. Official Code § 37-131.08b) is amended as follows: 599
(1) Subsection (d) is repealed. 600
(2) Subsection (e) is repealed. 601
(3) New subsections (f) and (g) are added to read as follows: 602
“(f)(1) If the Mayor does not contract with a vending zone manager, as set forth in 603
section 9a(c)(1)(B), for the sidewalk vending zone established under this section, there shall be 604
established a Columbia Heights-Mount Pleasant Sidewalk Vending Zone Oversight Committee 605
(“Oversight Committee”), to be comprised of no more than 3 members as follows: 606
“(A) One representative of ANC 1A, who shall be a serving ANC 607
Commissioner; and 608
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“(B) Two representatives appointed by the Council. 609
“(2) All members of the Oversight Committee shall serve without compensation. 610
“(3) The Oversight Committee shall have the following responsibilities: 611
“(A) Assist in the development and approval of the vending site plan; 612
“(B) Advise the Department of Licensing and Consumer Protection, 613
Department of Health, and Office of Tax and Revenue on implementation of the sidewalk 614
vending zone; 615
“(C) Provide a written update to Council on implementation of the 616
sidewalk vending zone each month; 617
“(D) Assist in outreach and engagement with vendors.”. 618
“(4) A request for modification of the vending site plan from any member of the 619
Oversight Committee shall be considered in accordance with section 9a(d)(2). 620
“(5) This subsection shall expire two years after the effective date of the Vending 621
Modernization Act of 2025. 622
“(g) An employee of the Department of Licensing and Consumer Protection designated 623
as a vending zone site manager pursuant to section 9a(c)(1)(A) shall not be authorized to issue 624
notices of infraction pursuant to section 9.”. 625
(n) Section 9c (D.C. Official Code § 37-131.08c) is amended as follows: 626
(1) Subsection (c) is amended to read as follows: 627
“(c)(1) A person may participate in the amnesty program by filing an application for 628
amnesty with the Mayor. 629
“(2) The Mayor shall establish by rule, the requirements for applying for and 630
being approved to participate in the amnesty program.”. 631
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(2) A new subsection (d-1) is added to read as follows: 632
“(d-1) At the request of the Mayor, the Chief Financial Officer shall send a notice by 633
electronic means to all mobile vendors and sidewalk vendors registered with the Office of Tax 634
and Revenue advising the vendors of the existence of the amnesty program.”. 635
(o) A new section 9e is added to read as follows: 636
“9e. Sidewalk vendor brick-and-mortar partnership. 637
“The Mayor is authorized to establish a program to facilitate partnership agreements 638
between a sidewalk vendor and a brick-and-mortar business, in which a sidewalk vendor is 639
permitted to sell merchandise or consumables produced by a business licensed in the District of 640
Columbia.”. 641
(o) Section 10 (D.C. Official Code § 37-131.09) is repealed. 642
(p) A new section 10a is added to read as follows: 643
“Sec. 10a. Grantmaking authority. “The Mayor may issue grants pursuant to the Grant 644
Administration Act of 2013, effective December 24, 2013 (D.C. Law 20-61; D.C. Official Code 645
§ 1-328.11 et seq.), to assist applicants in obtaining a sidewalk vending license, mobile vending 646
license, or other required authorization, purchasing vending-related equipment and supplies, 647
including carts and trucks, and successfully operating as mobile or sidewalk vendor.”. 648
(q) A new section 10b is added to read as follows: 649
“(b)(1) By January 1, 2028, the Mayor shall establish a centralized application system for 650
the purpose of streamlining the licensing and permitting of sidewalk vendors, mobile vendors, 651
and farmers markets that shall: 652
“(A) Enable an applicant to provide the required documentation to one 653
government agency through an online portal; 654
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“(B) Make the documentation available to any other relevant agency for 655
review, including for a permit to operate on public space; 656
“(C) Clearly communicate to applicants through the online portal the 657
status of their application, including whether they are missing any required documents and which 658
approvals are still pending; and 659
“(D) Notify the applicant when each necessary license or permit has been 660
approved. 661
“(2) The Mayor shall post on a public facing website the standard requirements 662
for a license, permit, or authorization to vend or operate a market on public space in the 663
District.”. 664
Sec. 3. Section 4935(3)(C) of the Department of Health Functions Clarification Act of 665
2001, effective October 3, 2001 (D.C. Law 21-428; D.C. Official Code § 7-742.11(3)(C)), is 666
amended by striking the phrase “Department of Licensing and Consumer Protection” and 667
inserting the phrase “Department of Buildings” in its place. 668
Sec. 4. Fiscal impact statement. 669
The Council adopts the fiscal impact statement in the committee report as the fiscal 670
impact statement required by section 4a of the General Legislative Procedures Act of 1975, 671
approved October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a). 672
Sec. 5. Effective date. 673
This act shall take effect after approval by the Mayor (or in the event of veto by the 674
Mayor, action by the Council to override the veto), a 30-day period of congressional review as 675
provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December 676
24, 1973 (87 Stat. 813; D.C. Official Code § 1-206.02(c)(1)), and publication in the District of 677
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Columbia Register. 678