Vending Compliance and Modernization Amendment Act of 2025

MURIEL BOWSER
MAYOR
September 25, 2025

The Honorable Phil Mendelson
Chairman
Council of the District of Columbia
John A. Wilson Building
1350 Pennsylvania Avenue, NW, Suite 504
Washington, DC 20004

Dear Chairman Mendelson:

Enclosed for consideration and adoption by the Council of the District of Columbia is the Vending
Compliance and Modernization Amendment Act of 2025. This bill addresses the negative impacts
of illegal vending in the District and reforms our vending laws to allow for greater vending
opportunities.

Since the Street Vendor Advancement Amendment Act of 2023 was enacted , the District has
experienced a significant increase in illegal vending and noncompliance. Notwithstanding the
Department of Licensing and Consumer Protection’s efforts to help vendors to come into
compliance, including hosting vendor licensing workshops in partnership with other District
agencies, illegal vending persists. My Administration and I are committed to helping
microbusiness enterprises to succeed in the District, but they must comply with the law.

Further, the District continues to receive complaints from residents, businesses, and federal
partners about food trucks, many of which are not licensed. These operators present a substantial
risk to District residents and visitors by not complying with traffic and safety laws, including
parking in crosswalks and in front of fire hydrants and ADA ramps. We have also received
complaints from licensed food vendors that unlicensed vendors are occupying their assigned
vending location. Preventing licensed vendors from vending in the assigned spot that they paid
for is highly problematic. The expanded enforcement authority provided by this bill is critical to
addressing these issues.

I urge the Council to take prompt and favorable action on the enclosed legislation.

Sincerely,

Muriel Bowser
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at the request of the Mayor
A BILL
10 IN THE COUNCIL OF THE DISTRICT OF COLUMBIA
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13 To amend the Vending Regulation Act of 2009 to add new terms and definitions; to establish a
14 new sidewalk vending license and mobile vending license; to authorize the Mayor to
15 amend the operating hours for vendors by rulemaking; to authorize the Department of
16 Public Works to dispose of merchandise, goods, and equipment left in public space after
17 the conclusion of the operating hours for vendors; to repeal vending development zones;
18 to establish mobile vending locations; to authorize sidewalk vending zone managers to
19 approve vending cart designs for vendors in the sidewalk vending zone; to establish a
20 public right-of-way permit to replace the vending site permit; to authorize the Mayor tow
21 and impound food trucks that are parked in prohibited areas, and to tow and impound
22 vehicles that are parked in food truck vending zones; to establish misdemeanor and
23 enhanced civil penalties for vending without a license, permit, or other required
24 authorization, vending from an unauthorized location, failing to produce a vending
25 license or other required authorization, and failing to produce identification; to revise the
26 definition of civil enforcement officer; to require the Mayor to update the civil penalty
27 schedule; to authorize the Mayor to change fines by rulemaking; to repeal the
28 requirement that an enforcement officer detain but not arrest a person who refuses to
29 produce reasonable identification; to repeal the definition of detain; to authorize the
30 Mayor to seize goods and merchandise from illegally operating vendors; to authorize the
31 Mayor to tow and impound illegally operating food trucks; to permit for-profit
32 organizations to apply to be a sidewalk vending zone manager; to require the Office of
33 Tax and Revenue to operate the Vending Amnesty Program; and to amend the
34 Department of Health Functions Clarification Act of 200 I to clarify that the Department
35 of Buildings issues certificates of occupancy;
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37 BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this
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39 act may be cited as the "Vending Compliance and Modernization Amendment Act of
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41 2025".
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43 Sec. 3. The Vending Regulation Act of 2009, effective October 22, 2009 (D.C. Law 18-
44 71; D.C. Official Code§ 37-131.01 et seq.), is amended as follows:
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(a) Section 2 (D.C. Official Code § 37-131.01) is amended as follows: 45
(1) Paragraph (1) is redesignated as paragraph (1C). 46
(2) New paragraphs (1), (1A), and (1B) are added to read as follows: 47
“(1) “Food truck” means a self-propelled mobile unit or vehicle, equipped to 48
store, cook, prepare, serve, or sell food. 49
“(1A) “Food truck operator” means a person who controls or manages food truck. 50
“(1B) “Food truck owner” means a person listed in the records of the Department 51
of Motor Vehicles, or the records of a motor vehicle agency of another jurisdiction, as an owner 52
of a food truck.”. 53
(3) New paragraphs (1D), (1E), and (1F) are added to read as follows: 54
“(1D) “Mobile vending license” means a basic business license that authorizes a 55
person to sell food, goods, merchandise, and services from a mobile vending location. 56
“(1E) “Mobile vending location” means a specific location, located in the portion 57
of a roadway reserved for vehicular parking, that is designated by the Mayor as a location at 58
which a properly licensed and authorized person may vend from a vending truck or a food 59
truck.”. 60
“(1F) “Mobile vendor” means a person who engages in business while occupying 61
a portion of the public right-of-way reserved for vehicular parking or travel.”. 62
(f) New paragraphs (2A), (2B), (2C), (2D), (2E), and (2F) are added to read as follows: 63
“(2A) “Public right-of-way" means all the publicly owned property between 64
property lines shown on the records of the District, and includes any roadway, tree space, 65
sidewalk, or parking between such property lines. 66
“(2B) “Public space” means: 67
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“(A) The public-right-of-way; and 68
“(B) Other property owned by or under the administrative control or 69
jurisdiction of the District that is generally open and accessible to the public, including public 70
squares, plazas, and parks. 71
“(2C) “Required authorization” means a vending license, vending location permit, 72
or other license, permit, or authorization required under section 3(a) or any other license, permit, 73
or authorization required by applicable law or regulation to lawfully vend from a sidewalk, 74
roadway, or other public space. 75
“(2D) “Roadway” means the portion of the public right-of-way that is reserved for 76
vehicular travel or parking. 77
“(2E) “Sidewalk vending license” means a basic business license that authorizes a 78
person to sell food, goods, merchandise, and serves at a sidewalk vending location.” 79
“(2F) “Sidewalk vending location” means a specific location, located on a 80
sidewalk or other portion of the public space other than the portion of the public right-of-way 81
that is reserved for vehicular travel or parking, that is designated by the Mayor as a location 82
where a properly licensed and authorized person may vend.”. 83
(4) Paragraph (5) is amended by striking the phrase “vehicular travel” and 84
inserting the phrase “vehicular travel or parking” in its place. 85
(5) New paragraphs (6A) and (6B) are added to read as follows: 86
“(6A) “Vending license” means a sidewalk vending license or mobile vending 87
license. 88
“(6B) “Vending location permit” means a permit or other authorization issued by 89
the Mayor authorizing a vendor to vend in the public space at a specific location.”. 90
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(6) Paragraph (8) is repealed. 91
(7) New paragraphs (9), (10), (11), and (12) are added to read as follows: 92
“(9) “Vending truck” means a mobile unit or vehicle, equipped to store, cook, 93
prepare, serve, or sell food or to store, prepare, and sell goods, merchandise, or services. The 94
term “vending truck” includes a food truck. 95
“(10) “Vending truck operator” means a person who controls or manages a 96
vending truck. 97
“(11) “Vending truck owner” means a person listed in the records of the 98
Department of Motor Vehicles, or the records of a motor vehicle agency of another jurisdiction, 99
as an owner of a vending truck. 100
“(12) “Vendor” means a person who sells or offers for sale any food, 101
goods, merchandise, or services from public space. The term “vendor” includes a food truck 102
operator, vending truck operator, mobile vendor, and sidewalk vendor.”. 103
(b) Section 3 (D.C. Official Code § 37-131.02)) is amended as follows: 104
(1) Subsection (a) is amended to read as follows: 105
“(a)(1) Except as provided in subsection (b) of this section: 106
“(A) A person shall not vend from a sidewalk or other public space unless 107
the person: 108
“(i) Holds a sidewalk vending license; 109
“(ii) Holds such other licenses, permits, and authorizations, 110
including a vending location permit, as the Mayor may require by rule; 111
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“(iii) Is vending at a designated sidewalk vending location, at 112
which the person is authorized to vend, during the hours that vending is authorized at the 113
location; and 114
“(iv) Is otherwise operating in compliance with District law. 115
“(B) A person shall not vend from a portion of a roadway that is reserved 116
for vehicular parking unless the person: 117
“(i) Holds a mobile vending license; 118
“(ii) Holds such other licenses, permits, and authorizations that the 119
Mayor may require by rule; 120
“(iii) Is vending at a designated mobile vending location, at which 121
the person is authorized to vend, pursuant to a vending location permit when required under this 122
act or rules issued pursuant to this act, during the hours that vending is authorized at the location; 123
and 124
“(iv) Is otherwise operating in compliance with District law.”. 125
(2) Subsection (b) is amended to read as follows: 126
“(b)The Mayor may authorize the following persons to vend from public space without a 127
sidewalk vending license or mobile vending license: 128
“(1) An employee or youth assistant of a licensed vendor; 129
“(2) A person vending at a licensed special event; 130
“(3) A person vending at a licensed public market that hast been issued a valid 131
license, authorization, or permit by the Mayor; 132
“(4) A person authorized to vend in public space by another law or by a rule 133
issued pursuant to another law; and 134
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“(5) A person authorized to vend from public space without a sidewalk vending 135
license or mobile vending license by a rule issued pursuant to this act.”. 136
(3) Subsection (d) is repealed. 137
(4) A new subsection (d-1) is added to read as follows: 138
“(d-1) No person shall, alter, falsify, or misrepresent any license, permit, or required 139
authorization.”. 140
(5) Subsection (e) is amended to read as follows: 141
“(e)(1) Vendors may operate only during the following hours: 142
“(A) Sunday through Thursday, from 5:00 a.m. to 12:00 a.m.; and 143
“(B) Friday and Saturday from 5:00 a.m. to 1:00 a.m. the next day; 144
provided, that vendors operating in Residential Zones, as specified in the District of Columbia 145
Zoning Regulations, shall not vend past 10:00 p.m. on any night of the week. 146
“(2) The Mayor may, by rule, change the hours set forth in paragraph (1) of this 147
subsection. 148
“(3)Any vending-related items, including merchandise, goods, and furniture, left 149
in public space after the operating hours authorized by or under this subsection shall be 150
considered abandoned and subject to immediate removal and disposal by the Department of 151
Public Works; provided, that vending trucks and vending carts left in public space after vending 152
hours shall be subject to impoundment and towing in accordance with section 8b.”. 153
(6) New subsections (f) and (g) are added to read as follows: 154
“(f) A person vending from public space shall: 155
“(1) Display their vending license at their vending location in a conspicuous place 156
viewable by the public; and 157
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“(2) Have in their immediate possession or control a government-issued 158
identification card that includes the person’s legal name, current address, and picture. 159
“(g) Upon the request of a law enforcement officer or civil enforcement officer, a person 160
vending from public space shall present their vending license, any other required authorization, 161
and the government-issued identification card referred to in subsection (f)(2) of this section to 162
the officer for the officer’s inspection.”. 163
(c) Section (5)(D.C. Official Code § 37-131.04) is amended as follows: 164
“Sec. 5. Sidewalk vending locations. 165
“(a) The Mayor shall designate sidewalk vending locations in the District; provided, that 166
a sidewalk vending location shall not be located within: 167
“(1) 20 feet of a driveway entrance to a police or fire station; 168
“(2) 10 feet of any other driveway; 169
“(3) 10 feet of an alley; 170
“(4) 20 feet of a street-level entry to a Metrorail escalator; 171
“(5) 10 feet of a street-level door to a Metrorail elevator; 172
“(6) A marked loading zone, entrance zone, or parking space designated for 173
diplomatic parking, or other curbside location restricted for certain vehicles or uses; 174
“(7) 10 feet of a fire hydrant or in-ground fire standpipe; 175
“(8) 5 feet from a building’s marked fire control room; or 176
“(9) A Metrobus stop zone, a commuter bus stop zone, an intercity bus stop zone, 177
or other curbside zone specifically designated as being for transit use. 178
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“(b)(1) A person that holds a sidewalk vending license and any other required 179
authorizations may vend from any sidewalk vending location designated by the Mayor pursuant 180
to subsection (a), unless: 181
“(A) The location is assigned to another person as described in paragraph 182
(2) of this subsection; 183
“(B) The Mayor establishes, by rule, a system by which sidewalk vending 184
locations are assigned to specified sidewalk vendors and the person is not the sidewalk vendor 185
assigned to the sidewalk vending location; 186
“(C) The sidewalk vending location is located in a sidewalk vending zone 187
established in accordance with section 9a, in which case the sidewalk vending location may be 188
assigned by such means as may be established for the sidewalk vending zone; or 189
“(D) The sidewalk vending location is located in a public market 190
established in accordance with section 7. 191
“(2) A sidewalk vendor that holds a license issued before the effective date of the 192
Vending Compliance and Modernization Amendment Act of 2025 shall be permitted to continue 193
to vend at the vending location designated in that license until the expiration date of the license 194
or its revocation, and no other sidewalk vendor may vend in that location until after such 195
expiration date or revocation.”. 196
“(c) The Mayor may designate specific hours, other than those established pursuant to 197
section 3(e), during which vending is allowed at a sidewalk vending location.”. 198
(d) A new section 5a is added to read as follows: 199
“Sec. 5a. Mobile vending locations. 200
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“(a) The Mayor shall designate mobile vending locations in the District; provided, that a 201
mobile vending location shall not be located: 202
“(1) Within an area under the exclusive jurisdiction of the United States Park 203
Police, the United States Capitol Police, or any other agency of the United States government; 204
“(2) Within a designated loading zone, entrance zone, parking space designated 205
for diplomatic parking or valet parking, or other curbside zone restricted for certain vehicles or 206
uses; 207
“(3) Along the length of a Metrobus stop zone, a commuter bus stop zone, an 208
intercity bus stop zone, or other curbside zone specifically designated for transit use; 209
“(4) Within 40 feet of the driveway entrance to a police or fire station, or within 210
20 feet of any other driveway; 211
“(5) Within 20 feet of an alley; 212
“(6) Within 40 feet of a crosswalk; 213
“(7) Within 10 feet of a fire hydrant; 214
“(8) Within any of the locations enumerated in 24 DCMR § 535.3; 215
“(9) Within any location that is immediately adjacent to a permitted sidewalk 216
café; or 217
“(10) Within 5 feet from a building’s marked fire control room. 218
“(b) A person may vend from a mobile vending location only if the person is a licensed 219
mobile vendor who holds a vending location permit issued by the Mayor for the specific mobile 220
vending location. 221
“(c) Vending location permits for mobile vending locations shall be assigned by lotteries 222
conducted by the Mayor, unless: 223
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“(1) The Mayor establishes an alternate means of assignment by rule; 224
“(2) The mobile vending location is located in a public market established in 225
accordance with section 7. 226
“(d) The Mayor may limit vending in a mobile vending location to food trucks. 227
“(e) The Mayor may designate specific hours, other than the hours established pursuant to 228
section 3(e), during which vending is allowed at a mobile vending location. 229
“(f)(1) It shall be unlawful to park, leave unattended, or store a vehicle at a mobile 230
vending location if that vehicle is not a vending truck authorized to operate from the mobile 231
vending location, or if the vehicle is parked, left unattended, or stored outside the authorized 232
vending operating hours for the mobile vending location. 233
“(2) A violation of paragraph (1) of this subsection shall subject the vehicle to 234
being towed and impounded in accordance with section 8b.”. 235
(e) Section 6 (D.C. Official Code § 37-131.05) is repealed. 236
(f) Section 7a (D.C. Official Code § 37-131.06a) is amended by striking the phrase “basic 237
business license, a vending site permit” and inserting the phrase “sidewalk vending license, 238
mobile vending license, vending location permit” in its place. 239
(g) Section 7b (D.C. Official Code § 37-131.06b) is amended as follows: 240
(1) The section heading is amended to read as follows: 241
“Sec. 7b. Vending truck, vending cart, and other vending design standards. 242
(2) Subsection (a) is amended by: 243
(A) Striking the phrase “Food vending cart and vehicle designs” and 244
inserting the phrase “Vending cart and vending truck designs” in its place; and 245
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(B) Striking the phrase “food vending carts and vehicles for vendors” and 246
inserting the phrase “food trucks and food carts” in its place. 247
(3) Subsection (b) is amended as follows: 248
(A) Paragraph (1) is amended by striking the phrase “through which 249
businesses, community-based organizations, and vendors can submit food vending cart” and 250
inserting the phrase “through which businesses, community-based organizations, and sidewalk 251
vending zone managers can submit vending truck and vending cart” in its place. 252
(B) Paragraph (2) is amended by: 253
(i) Striking the phrase “food vending cart” wherever it appears and 254
inserting the phrase “food truck or food cart” in its place; 255
(ii) Striking the phrase “the cart” wherever it appears and inserting 256
the phrase “the food truck or food cart” in its place; and 257
(iii) Striking the phrase “food cart” and inserting the phrase “food 258
truck or food cart” in its place. 259
(C) Paragraph (3) is amended by: 260
(i) Striking the phrase “food vending cart” wherever it appears and 261
inserting the phrase “food truck or food cart” in its place; and 262
(ii) Striking the phrase “business, non-profit, community-based 263
organization, or vendor” and inserting the word “applicant” in its place. 264
(4) Subsection (c) is amended by: 265
(A) Striking the phrase “food vending cart” wherever it appears and 266
inserting the phrase “food truck or food cart” in its place; and 267
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(B) Striking the phrase “the cart” and inserting the word “food truck or 268
food cart” in its place. 269
(5) A new subsection (d) is added to read as follows: 270
“(d) The Mayor may, by rule, establish other design standards for vending, including 271
design standards for tables, signage, and other furniture and equipment, and may require vendors 272
to comply with such standards.”. 273
(h) Section 7c (D.C. Official Code § 37-131.06c) is amended by adding a new subsection 274
(e) to read as follows: 275
“(e) A food vending cart shall not be stored or left in public space after the hours of 276
operation for vending in public space. A food vending cart that is left in public space after the 277
hours of operation for vending shall be deemed abandoned and subject to immediate removal and 278
disposal in accordance with section 3(e)(3).”. 279
(i) Section 8 (D.C. Official Code § 37-131.07) is amended as follows: 280
(1) Strike the phrase “vending site permit” wherever it appears and insert the 281
phrase “vending location permit” in its place. 282
(2) Subsection (a)(1) is amended as follows: 283
(A) Subparagraph (A) is amended by striking the phrase “basic business 284
license” and inserting the phrase “sidewalk vending license or mobile vending license” in its 285
place. 286
(B) Subparagraph (B) is amended by striking the phrase “vending site 287
permit” and inserting the phrase “vending location permit” in its place. 288
(C) Subparagraph (C) is amended by striking the phrase “mobile roadway 289
vending site permit” and inserting the phrase “mobile vending location permit” in its place. 290
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(D) Subparagraph (D) is amended by striking the phrase “vending site 291
permit” and inserting the phrase “vending location permit” in its place. 292
(E) Subparagraph (E) is amended by striking the phrase “vending site 293
permit” and inserting the phrase “vending location permit” in its place. 294
(3) Subsection (a-1)(3) is amended by striking the phrase “means a food venue” 295
and inserting the phrase “means a public market” in its place. 296
(4) Subsection (b) is amended as follows: 297
(A) Paragraph (2) is amended as follows: 298
(i) Subparagraph (A) is amended to read as follows: 299
“(A) Fees paid for the application for, and issuance or renewal of, a 300
sidewalk vending license or mobile vending license, including late fees;”. 301
(ii) Subparagraph (B) is amended by striking the phrase “vending 302
site permit” and inserting the phrase “vending location permit” in its place. 303
(B) Paragraph (4) is amended by striking the phrase “a basic business 304
license” and inserting the phrase “a sidewalk vending license or mobile vending license” in its 305
place. 306
(j) New sections 8a and 8b are added to read as follows: 307
“Sec. 8a. Seizure of unlawfully vended merchandise and associated vending property. 308
“(a) The Mayor may, upon issuance of a notice of infraction and seizure and without 309
providing a prior opportunity to be heard, seize any merchandise being sold from public space, 310
as well as any property, including vending carts and equipment, used to vend the merchandise, if: 311
“(1) The person: 312
“(A) Is vending the merchandise without a required authorization; 313
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“(B) Fails to provide proof of a required authorization upon the request of 314
the enforcement officer; or 315
“(C) Offers or provides to an enforcement officer an altered or falsified 316
required authorization. 317
“(2) An altered or falsified required authorization is displayed at the location 318
where the merchandise is being vended. 319
“(b)(1) If the Mayor seizes a person’s merchandise or property pursuant to subsection (a), 320
the Mayor shall hand deliver the notice of infraction and seizure to the vendor, and the notice of 321
infraction and seizure shall be treated for purposes of answering, hearing, adjudication, decision, 322
and appeal as a notice of infraction under section 201 of the Department of Consumer and 323
Regulatory Affairs Civil Infractions Act of 1985 (“Civil Infractions Act”), effective October 5, 324
1985 (D.C. Law 6-42; D.C. Official Code § 2-1802.01). 325
“(2) If the person vending the merchandise is different than the individual listed in 326
DLCP’s records as the business owner, the Mayor shall also provide the notice of infraction and 327
seizure, by first-class mail, no later than 5 business days after property is seized, to the last 328
known address of the business owner in DLCP’s records. If DLCP has no record of the business 329
license owner, providing the notice of infraction and seizure to the person vending the 330
merchandise shall be considered constructive notice to the owner of the merchandise. 331
“(3) A notice of infraction and seizure issued pursuant to paragraph (1) or (2) of 332
this subsection shall include the information required by section 201(b) of the Civil Infractions 333
Act (D.C. Official Code § 2-1802.01(b)) and the following additional information: 334
“(A) A description of the action taken by the Mayor, including a 335
description of the seized merchandise and property; 336
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“(B) A statement that the respondent has a right to request an expedited 337
hearing by making a request for an expedited hearing in writing within 3 business days after 338
service of the notice; 339
“(C) The method by which the respondent may recover the merchandise or 340
property that was seized, if applicable; 341
“(D) The date by which the respondent must recover the merchandise or 342
property before it may be subject to forfeiture and disposal pursuant to this section, which date 343
shall be at least 21 days after the date of seizure, except where the merchandise or property is 344
likely to perish or be greatly reduced in value after seizure or the expense of keeping the 345
merchandise or property is disproportionate to its value; 346
“(E) A statement that the merchandise or property shall be considered 347
forfeited and will be sold or otherwise disposed of if it is not recovered by the respondent within 348
21 days of seizure; except as provided in subparagraph (F) of this paragraph; and 349
“(F) A statement that if the merchandise or property is likely to perish or 350
be greatly reduced in value by or after its seizure, or the expense of keeping the merchandise or 351
property is disproportionate to its value, the Mayor may immediately sell or otherwise dispose of 352
the merchandise or property. 353
“(c) If a respondent requests an expedited hearing within 3 business days after service of 354
the notice of infraction and seizure, the Office of Administrative Hearings shall conduct the 355
hearing within 3 business days after receipt of the request and shall issue a decision within 10 356
business days after the hearing. 357
“(d)(1) When merchandise or property is seized pursuant to this section, the Mayor shall: 358
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“(A) Place the merchandise and property in an area designated by the 359
Mayor for safe storage until disposition; 360
“(B) Create an inventory of the seized merchandise and property with a 361
description of all merchandise and property seized; and 362
“(C) Assign an identification number to each item of merchandise and 363
property seized, except as provided in paragraph (2) of this subsection. 364
“(2) For the purposes of this subsection: 365
“(A) A sum of currency shall be deemed to be a single item of property; 366
and 367
“(B) Identical items may be identified by a single identification number; 368
provided, that the quantity of the item is listed with the identification number. 369
“(e)(1) If seized merchandise or property is likely to perish or be greatly reduced in value 370
by or after its seizure, or the expense of keeping the merchandise or property is disproportionate 371
to its value, the Mayor may immediately sell or otherwise dispose of the merchandise or 372
property. 373
“(2) If, pursuant to paragraph (1) of this subsection, the Mayor sells seized 374
merchandise or property, the sale proceeds shall become substitute property for the original 375
seized merchandise or property and shall be subject to forfeiture in accordance with the standards 376
and procedures set forth in this section. 377
“(3) If, pursuant to paragraph (1) of this subsection, the Mayor discards seized 378
property, the fair market value of the discarded property before it is discarded shall become 379
substitute property for the original seized property and shall be subject to forfeiture in 380
accordance with the standards and procedures set forth in this section. 381
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“(4) The Mayor shall maintain records of merchandise and property sold or 382
otherwise disposed of under this subsection, including the purchase price of any merchandise or 383
property sold, and shall maintain the disposition records with the associated inventory of seized 384
merchandise and property. 385
“(f) The vendor, or the owner if different from the vendor, whose merchandise or 386
property is seized pursuant to this section, or a person duly authorized by such person, may 387
secure the release of the merchandise or property by paying the seizure fee, transportation fee, 388
and storage fee, if any, for the merchandise or property. 389
“(g) The person to whom the merchandise or property is returned shall acknowledge 390
receipt and possession of each item of returned merchandise or property by reference to the 391
specific property identification number assigned to the item. 392
“(h) A person whose merchandise or property is seized pursuant to this subsection shall 393
be entitled to a refund of the seizure fee, transportation fee, and storage fees if the violations or 394
infractions giving rise to the seizure are dismissed or overturned and such dismissal or 395
overturning is neither subject to appeal nor under appeal by the District. 396
“(i) If a person whose merchandise or property is seized pursuant to this section does not 397
claim the seized merchandise or property by the date set forth in the notice of infraction and 398
seizure, the merchandise and property shall be deemed forfeited and the Mayor may sell, destroy, 399
or otherwise dispose of the merchandise and property. 400
“(j)(1) A person whose merchandise or property is seized pursuant to this section and 401
fails to reclaim their merchandise or property within 21 days after seizure, or such later date as 402
may be set forth in the notice of infraction and seizure, or such earlier date in the case of seized 403
merchandise or property that is likely to perish or be greatly reduced in value by or after its 404
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seizure or for which the expense of keeping the merchandise or property is disproportionate to its 405
value, and whose property is thereafter sold, destroyed, or otherwise disposed of by the Mayor 406
shall nevertheless be entitled to recover the fair market value of any merchandise or property 407
sold, destroyed, or otherwise disposed of if: 408
“(A) The person timely requests a hearing on the applicable notice of 409
infraction and seizure; 410
“(B) The administrative law judge issues an order dismissing the notice of 411
infraction and seizure or finding no violation and the order is neither subject to appeal nor under 412
appeal by the District; and 413
“(C) The person establishes the merchandise or property’s fair market 414
value by a preponderance of the evidence. 415
“(2) If the Mayor has sold the merchandise or property, the price paid by a good-416
faith purchaser, other than the person whose property was seized, shall establish a rebuttable 417
presumption of the fair market value of the property. 418
“(k) The Mayor, pursuant to Title I of the District of Columbia Administrative Procedure 419
Act, approved October 21, 1968 (82 Stat. 1204; D.C. Official Code § 2- 501, et seq.) may issue 420
rules to implement this subsection. 421
“Sec. 8b. Towing and impoundment of unlawfully operating vending trucks. 422
“(a)(1) The Mayor may, upon issuance of a notice of infraction and impoundment and 423
without providing a prior opportunity to be heard, seize, tow, and impound: 424
“(A) A vending truck if the vending truck owner, vending truck operator, 425
or an agent or employee of the vending truck owner or vending truck operator: 426
19

“(i) Is vending from the vending truck without a required 427
authorization; 428
“(ii) Provides to an enforcement officer an altered or falsified 429
required authorization; 430
“(iii) Fails to provide proof of a required authorization upon 431
request by an enforcement officer; or 432
“(iv) Operates the vending truck illegally in public space; or 433
“(B) A vending truck that: 434
“(i) Is illegally parked in public space; or 435
“(ii) Displays an altered or falsified required authorization. 436
“(C) A vehicle that is illegally parked in a vending truck vending zone. 437
“(2) If towing services are not immediately available, the Mayor may immobilize 438
the vehicle until towing services are available. 439
“(b)(1) If the Mayor impounds a vending truck under this subsection, the Mayor shall, as 440
further described in this subsection, provide a written notice of infraction and impoundment to: 441
“(A) The vending truck owner; 442
“(B) The vending truck operator if different than the food truck owner; 443
and 444
“(C) Any lienholders of record of the vending truck, if applicable. 445
“(2) A notice of infraction and impoundment issued pursuant to this section shall 446
be treated for purposes of answering, hearing, adjudication, decision, and appeal as a notice of 447
infraction under section 201 of the Department of Consumer and Regulatory Affairs Civil 448
20

Infractions Act of 1985 (“Civil Infractions Act”), effective October 5, 1985 (D.C. Law 6-42; 449
D.C. Official Code § 2-1802.01). 450
“(3) A notice of infraction and impoundment issued pursuant to this section shall 451
include the information required by section 201(b) of the Civil Infractions Act (D.C. Official 452
Code § 2-1802.01(b)) and the following additional information: 453
“(A) The vehicle identification number of the vending truck, if applicable; 454
“(B) The amount of any fees imposed or to be imposed; 455
“(C) A statement that the vending truck will be kept for 72 hours and a 456
description of the procedures for reclaiming the vending truck, which shall be the procedures 457
described in section 9 of the Removal and Disposition of Abandoned and Other Unlawfully 458
Parked Vehicles Reform Act of 2003, effective October 28, 2003 (D.C. Law 15-35; D.C. Official 459
Code § 50-2421.09); 460
“(D) The date by which the person must reclaim the vending truck before 461
it shall be subject to forfeiture and disposal pursuant to this section, which date shall be at least 462
28 days after the date of impoundment; 463
“(E) A statement that the vending truck shall be considered forfeited and 464
will be sold or otherwise disposed of if it is not reclaimed by the expiration of the reclamation 465
period, and that any food, merchandise, or equipment on the vending truck shall also be 466
considered forfeited and disposed of in accordance with section 8a; and 467
“(F) A statement that the person has the right to request an expedited 468
hearing from the Office of Administrative Hearings, by making a request for an expedited 469
hearing in writing within 3 business days after service of the notice. 470
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“(4)(A) The maximum rates that may be charged for the towing of a vending 471
truck pursuant to this section shall be as follows: 472
“(i) $750 for preparation, hoist, and tow (including use of a roll-473
back or wheel lift) to a location within the District; 474
“(ii) $20 per mile for towing beyond the District line; and 475
“(iii) $75 for storage per 24-hour period or part thereof. 476
“(B) Upon written request, and if approved by the Director of the 477
Department of Licensing and Consumer Protection, the private tow company employed to 478
remove a vending truck pursuant to this section may charge a towing fee greater than what is set 479
forth in this subsection, but no greater than three times the amount. 480
“(5)(A) The notice of infraction and impoundment shall be provided by hand to 481
the vending truck operator, if the vending truck operator is present at the time the notice is 482
issued. If a vending truck operator is not present at the time the notice is issued, the notice shall 483
be posted in a prominent location on the vending truck. 484
“(B) The notice of infraction and impoundment shall be provided to the 485
vending truck owner, if different than the vending truck operator, by first-class mail, no later 486
than 5 days after the vehicle is seized, towed, or impounded, to the last known address of the 487
vending truck owner, as that information is indicated in the records of the Department of Motor 488
Vehicles or in the records of the appropriate agency of the jurisdiction where the vending truck is 489
registered, if applicable. 490
“(C) If neither the vending truck owner nor a vending truck operator is 491
present at the time the notice of infraction and impoundment is issued, and the vending truck 492
22

does not have a license plate attached to it, then the notice shall be posted on DLCP’s or a 493
District government webpage dedicated to the posting of such notices. 494
“(D) A notice to a lienholder of record, if applicable, shall be provided by 495
first-class mail to their last known address as that information is indicated in the records of the 496
Department of Motor Vehicles or in the records of the appropriate agency of the jurisdiction 497
where the vending truck is registered. 498
“(6) If a respondent requests an expedited hearing within 3 business days after 499
service of the notice, the Office of Administrative Hearings shall conduct the hearing within 3 500
business days after receipt of the request and shall issue a decision within 10 business days after 501
the hearing. 502
“(7) After the vending truck has been held for 72 hours in accordance with 503
subsection (b)(3)(C), a vending truck owner, or a person duly authorized by a vending truck 504
owner, may secure the release of an impounded vending truck by becoming licensed to operate 505
in the District of Columbia, paying the impoundment fee, towing fee, immobilization fee, if 506
applicable, for the impounded vending truck, and furnishing proof of entitlement to possession of 507
the vehicle, including proof of licensure to operate a vehicle, title, and registration. 508
“(8) A vending truck owner shall be entitled to a refund of the impoundment fee, 509
towing fee, immobilization fee, if applicable, and no more than 3 business days storage costs, if 510
applicable, if the violations or infractions giving rise to the impoundment are dismissed or 511
overturned and such dismissal or overturning is neither subject to appeal nor under appeal by the 512
District. 513
“(9) A vending truck impounded under this section may be disposed of pursuant 514
to section 10 of the Removal and Disposition of Abandoned and Other Unlawfully Parked 515
23

Vehicles Reform Act of 2003, effective October 28, 2003 (D.C. Law 15-35; D.C. Official Code 516
§ 50-2421.10). 517
“(10) The Mayor may contract with, or otherwise engage, a private entity to tow, 518
impound, store, and release vending trucks pursuant to this section and to perform ancillary 519
services. 520
“(11) For the purposes of this subsection, the term “enforcement officer” shall 521
have the meaning set forth in section 9(d)(3)(B). 522
“(12) The Mayor, pursuant to Title I of the District of Columbia Administrative 523
Procedure Act, approved October 21, 1968 (82 Stat. 1204; D.C. Official Code § 2-501 et seq.), 524
may issue rules to implement this subsection.”. 525
(k) Section 9 (D.C. Official Code § 37-131.08) is as follows: 526
(1) Subsection (a) is amended to read as follows: 527
“(a) A person shall be guilty of a misdemeanor and, upon conviction, be subject to a fine 528
not to exceed twice the amount set forth in or revised pursuant to subsection (a-1) of this section, 529
notwithstanding section 101 of the Criminal Fine Proportionality Amendment Act of 2012, 530
effective June 11, 2013 (D.C. Law 19-317; D.C. Official Code § 22-3571.01), imprisonment not 531
to exceed 90 days, or both, for each violation of the following violations of this act: 532
“(1) Vending without a valid license, permit, or other required authorization, as 533
prohibited by section 3(a); 534
“(2) Vending from a location from which the vendor is not authorized to vend, as 535
prohibited by section 3(a); 536
“(3) Knowingly altering, falsifying, or misrepresenting any license, permit, or 537
required authorization, as prohibited by section 3(d-1); 538
24

“(4) Failing to produce a vending license or other required authorization upon the 539
request of a law enforcement officer or civil enforcement officer, as prohibited by section 3(g); 540
and 541
“(5) Failing to produce identification, as prohibited by subsection (d) of this 542
section.”. 543
(2) A new subsection (a-1) is added to read as follows: 544
“(a-1)(1) A person who commits a violation listed in subsection (a) of this section may, 545
as an alternative to the criminal sanctions provided by subsection (a) of this section, be subject to 546
a civil fine of up to $3,500 for a first offense, except as provided in paragraph (2) of this 547
subsection. 548
“(2) A person who vends from a food truck without a license, permit, or other 549
authorization required by this act, as prohibited by section 3(a), may, as an alternative to the 550
criminal sanctions provided by subsection (a) of this section, be subject to a civil fine of $10,000 551
for a first offense. 552
“(3) For every subsequent infraction set forth in paragraph (1) or (2) of this 553
subsection that occurs within a year of a previous infraction, the fine shall be doubled. 554
“(4) Fines provided for under this subsection shall be imposed and adjudicated 555
pursuant to the Civil Infractions Act.”. 556
(3) Subsection (b) is amended to read as follows: 557
“(b)(1) The Mayor may impose civil fines for any other violation of this act, or any rule 558
issued pursuant to this act, pursuant to the Department of Consumer and Regulatory Affairs Civil 559
Infractions Act of 1985, effective October 5, 1985 (D.C. Law 6-42; D.C. Official Code § 2-560
1801.01 et seq.). 561
25

“(2) The adjudication of such fines shall be pursuant to the Civil Infractions Act.”. 562
(4) Subsection (d) is amended to read as follows: 563
“(d)(1) A person who (A) is vending without a valid license, permit, or other required 564
authorization, as prohibited by section 3(a); (B) is vending from a location from which the 565
vendor is not authorized to vend, as prohibited by section 3(a); (C) fails to display a vending 566
license, as prohibited by section 3(f); or (D) fails to produce a vending license or other required 567
authorization upon the request of a civil enforcement officer, as prohibited by section 3(g), shall 568
identify himself or herself at the direction of a civil enforcement officer by giving his or her legal 569
name and current address. 570
“(2) If the person refuses to provide his or her legal name and current address, or 571
if the civil enforcement officer has reason to believe that the person is providing an incorrect 572
name or address, the civil enforcement officer may request that the person provide reasonable 573
identification. Upon the request of the civil enforcement officer, the person shall produce 574
reasonable identification. 575
“(3) For the purposes of this subsection, the term: 576
“(A) “Civil enforcement officer” means a person, other than a law 577
enforcement officer, who is authorized to enforce the provisions of this act. 578
“(B) “Reasonable identification” means a government-issued 579
identification card that includes a person’s legal name, current address, and picture. 580
“(4) This subsection shall not be construed to limit the authority of a law 581
enforcement officer to enforce this act pursuant to the provisions of this act or any other law or 582
authority.” 583
(5) Subsection (e) is amended as follows: 584
26

(A) The existing text is designated as paragraph (1). 585
(B) A new paragraph (2) is added to read as follows: 586
“(2) The Mayor may amend the fines set forth in this section by rule.”. 587
(l) Section 9a (D.C. Official Code § 37-131.08a) is amended as follows: 588
(1) Subsection (a) is amended as follows: 589
(A) Paragraph (1) is amended to read as follows: 590
“(1) Establish sidewalk vending locations, pursuant to an approved vending site 591
plan submitted by a sidewalk vending zone manager, provided that no such sidewalk vending 592
location shall be in a location prohibited by section 5a(a);” 593
(B) Paragraph (3) is amended by: 594
(i) Striking the phrase “basic business license” and inserting the 595
phrase “sidewalk vending license” in its place; and 596
(ii) Striking the phrase “; and” and inserting a semicolon in its 597
place. 598
(C) Paragraph (4) is amended to read as follows: 599
“(4) Require all sidewalk vendors to vend from a stand, table, or vending cart that 600
is able to be moved by hand; and 601
(D) A new paragraph (5) is added to read as follows: 602
“(5) Prohibit the use of motors and open flames at the vending locations;”. 603
(2) Subsection (c) is amended as follows: 604
(A) Paragraph (1) is amended by striking the phrase “sidewalk vending 605
zone manager” and inserting the phrase “sidewalk vending zone manager or the Mayor” in its 606
place. 607
27

(B) Paragraph (3) is amended by striking the phrase “shall contract with a 608
non-profit organization” and inserting the phrase “may contract with a private organization” in 609
its place. 610
(3) Subsection (d) is amended as follows: 611
(A) Paragraph (1) is amended as follows: 612
(i) Subparagraph (A) is amended to read as follows: 613
“(A) Submit to the Department of Licensing and Consumer Protection a 614
vending site plan, which shall include vending cart and vending table design standards. 615
(ii) A new subparagraph (A-i) is added to read as follows: 616
“(A-i) Enforce the vending site plan, including by reviewing and 617
approving vendors’ vending cart and vending table specifications and designs in accordance with 618
the approved vending site plan:” 619
(iii) Subparagraph (G) is amended by striking the phrase “; and” 620
and inserting a semicolon in its place. 621
(iv) Subparagraph (H) is amended by striking the period at the end 622
and inserting the phrase “; and” in its place. 623
(v) A new subparagraph (I) is added to read as follows: 624
“(I) Obtain a public market manager’s license from the Department of 625
Licensing and Consumer Protection.”. 626
(B) Paragraph (3)(A) is amended by striking the phrase “business address” 627
and inserting the phrase “business address, and home address, if different from the business 628
address,” in its place. 629
(m) Section 9c (D.C. Official Code § 37-131.08c) is amended as follows: 630
28

(1) Subsection (c) is amended to read as follows: 631
“(c)(1) A person may participate in the amnesty program by filing an application for 632
amnesty with the Mayor. 633
“(2) The Mayor shall establish by rule, the requirements for applying for and 634
being approved to participate in the amnesty program.”. 635
(2) A new subsection (d-1) is added to read as follows: 636
“(d-1) At the request of the Mayor, the Chief Financial Officer shall send a notice by 637
electronic means to all mobile vendors and sidewalk vendors registered with the Office of Tax 638
and Revenue advising the vendors of the existence of the amnesty program.”. 639
(n) Section 10 (D.C. Official Code § 37-131.09) is repealed. 640
(o) A new section 10a is added to read as follows: 641
“Sec. 10a. Grantmaking authority. 642
“The Mayor may issue grants pursuant to the Grant Administration Act of 2013, effective 643
December 24, 2013 (D.C. Law 20-61; D.C. Official Code § 1-328.11 et seq.), to assist applicants 644
in obtaining a sidewalk vending license, mobile vending license, or other required authorization, 645
purchasing vending-related equipment and supplies, including carts and trucks, and successfully 646
operating as mobile or sidewalk vendor.”. 647
(p) Section 11 (D.C. Official Code § 37-131.10) is amended by striking the phrase “by 648
the Mayor. The proposed rules shall be submitted to the Council for a 60-day period of review, 649
excluding weekends, holidays, and days of council recess. If the Council does not approve or 650
disapprove the proposed rules, by resolution, within the 60-day review period, the proposed rules 651
shall be deemed disapproved.” and inserting the phrase “by the Mayor.” in its place. 652
29

Sec. 4. Section 4935(3)(C) of the Department of Health Functions Clarification Act of 653
2001, effective October 3, 2001 (D.C. Law 21-428; D.C. Official Code § 7-742.11(3)(C)), is 654
amended by striking the phrase “Department of Licensing and Consumer Protection” and 655
inserting the phrase “Department of Buildings” in its place. 656
Sec. 5. Fiscal impact statement. 657
The Council adopts the fiscal impact statement in the committee report as the fiscal 658
impact statement requirement by section 4a of the General Legislative Procedures Act of 1975, 659
approved October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a). 660
Sec. 6. Effective date. 661
This act shall take effect following approval by the Mayor (of in the event of veto by the 662
Mayor, action by the Council to override the veto), a 30-day period of congressional review as 663
provided in Section 602(c)(1) of the District of Columbia Home Rule Act, approved December 664
24, 1973 (87 Stat. 813; D.C. Official Code § 1-206.602(c)(1), and publication in the District of 665
Columbia Register. 666

3

GOVERNMENT OF THE DISTRICT OF COLUMBIA
OFFICE OF THE ATTORNEY GENERAL

Legal Counsel Division

MEMORANDUM

TO: Tomás Talamante
Director
Office of Policy and Legislative Affairs

FROM: Adele El-Khouri
Deputy Attorney General
Legal Counsel Division

DATE: September 2, 2025

RE: Legal Sufficiency Review of Draft Bill, the “Vending Compliance and Modernization
Amendment Act of 2025.”
(AD-24-487 B)
______________________________________________________________________________

This is to Certify that the Office of the Attorney General has reviewed the
above-referenced legislation and determined that it is legally sufficient. If you have any questions,
please do not hesitate to call me at (202) 262-6402.

_________________________________
Adele El-Khouri