B 26-0332

Council of the District of Columbia
OFFICE OF COUNCILMEMBER BRIANNE K. NADEAU
1350 Pennsylvania Avenue, N.W., Washington, D.C. 20004
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.
     _____________________________  _____________________________
     Chairman Phil Mendelson  Councilmember Brianne K. Nadeau
                                              A BILL
                                   _________________________
                      IN THE COUNCIL OF THE DISTRICT OF COLUMBIA
                                   _________________________
1BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this
2   act may be cited as the “Vending Modernization Amendment Act of 2025”.
3Sec. 2. The Vending Regulation Act of 2009, effective October 22, 2009 (D.C. Law 18-
4   71; D.C. Official Code § 37-131.01 et seq.), is amended as follows:
5(a) Section 2 (D.C. Official Code § 37-131.01) is amended as follows:
6(1) Paragraph (1) is redesignated as paragraph (1C).
7(2) New paragraphs (1), (1A), and (1B) are added to read as follows:
8“(1) “Food truck” means a self-propelled mobile unit or vehicle, equipped to store,
9   cook, prepare, serve, or sell food.
10“(1A) “Food truck operator” means a person who controls or manages a food
11   truck.
12“(1B) “Food truck owner” means a person listed in the records of the Department
13   of Motor Vehicles, or the records of a motor vehicle agency of another jurisdiction, as an owner
14   of a food truck.”.
15(3) New paragraphs (1D), (1E), and (1F) are added to read as follows:
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16“(1D) “Mobile vending license” means a basic business license that authorizes a
17 person to sell food, goods, merchandise, and services from a mobile vending location.
18“(1E) “Mobile vending location” means a specific location, located in the portion
19 of a roadway reserved for vehicular parking, that is designated pursuant to this act as a location at
20 which a properly licensed and authorized person may vend from a vending truck or a food truck.
21“(1F) “Mobile vendor” means a person who engages in business while occupying
22 a portion of the public right-of-way reserved for vehicular parking or travel.”.
23(4) New paragraphs (2A), (2B), (2C), (2D), (2E), (2F), and (2G) are added to read
24 as follows:
25“(2A) “Public right-of-way” means all the publicly owned property between
26 property lines shown on the records of the District, and includes any roadway, tree space,
27 sidewalk, or parking between such property lines.
28“(2B) “Public space” means:
29“(A) The public right-of-way; and
30“(B) Other property owned by or under the administrative control or
31 jurisdiction of the District that is generally open and accessible to the public, including public
32 squares, plazas, and parks.
33“(2C) “Required authorization” means a vending license, vending location permit,
34 or other license, permit, or authorization required under section 3(a) or any other license, permit,
35 or authorization required by applicable law or regulation to lawfully vend from a sidewalk,
36 roadway, or other public space.
37“(2D) “Roadway” means the portion of the public right-of-way that is reserved for
38 vehicular travel or parking.
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39“(2E) “Sidewalk vending license” means a basic business license that authorizes a
40 person to sell food, goods, merchandise, and services at a sidewalk vending location.
41“(2F) “Sidewalk vending location” means a specific location, located on a
42 sidewalk or other portion of the public space that is designated pursuant to this act as a location
43 where a sidewalk vendor may vend.
44“(2G) “Sidewalk vendor” means a person possessing a sidewalk vending license.”.
45(4) Paragraph (5) is amended by striking the phrase “vehicular travel” and
46 inserting the phrase “vehicular travel or parking”.
47(5) New paragraphs (6A) and (6B) are added to read as follows:
48“(6A) “Vending license” means a sidewalk vending license or mobile vending
49 license.
50“(6B) “Vending location permit” means a permit or other authorization issued by
51 the Mayor authorizing a vendor to vend in the public space at a specific location.”.
52(6) Paragraph (8) is repealed.
53(7) New paragraphs (9), (10), (11), and (12) are added to read as follows:
54“(9) “Vending truck” means a mobile unit or vehicle, equipped to store, cook,
55 prepare, serve, or sell food or to store, prepare, and sell goods, merchandise, or services. The
56 term “vending truck” includes a food truck.
57“(10) “Vending truck operator” means a person who controls or manages a
58 vending truck.
59“(11) “Vending truck owner” means a person listed in the records of the
60 Department of Motor Vehicles, or the records of a motor vehicle agency of another jurisdiction,
61 as an owner of a vending truck.
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62“(12) “Vendor” means a person who sells or offers for sale any food, goods,
63 merchandise, or services from public space. The term “vendor” includes a food truck operator,
64 vending truck operator, mobile vendor, and sidewalk vendor.”.
65(b) Section 3 (D.C. Official Code § 37-131.02) is amended as follows:
66(1) Subsection (a) is amended to read as follows:
67“(a) Except as provided in subsection (b) of this section, a person shall not vend from a
68 sidewalk or other public space unless the person:
69“(1) Holds a sidewalk vending license;
70“(2) Holds such other licenses, permits, and authorizations, including a vending
71 location permit, as the Mayor may require by rule;
72“(3) Is vending at a designated sidewalk vending location, at which the person is
73 authorized to vend, during the hours that vending is authorized at the location; and
74“(4) Is otherwise operating in compliance with District law.”.
75(2) A new subsection (a-1) is added to read as follows:
76“(a-1) A person shall not vend from a portion of a roadway that is reserved for vehicular
77 parking unless the person:
78“(1) Holds a mobile vending license;
79“(2) Holds such other licenses, permits, and authorizations that the Mayor may
80 require by rule;
81“(3) Is vending at a designated mobile vending location, at which the person is
82 authorized to vend, pursuant to a vending location permit when required under this act or rules
83 issued pursuant to this act, during the hours that vending is authorized at the location; and
84“(4) Is otherwise operating in compliance with District law.”.
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85(3) Subsection (b) is amended to read as follows:
86“(b) The Mayor may authorize the following persons to vend from public space without a
87 sidewalk vending license or mobile vending license:
88“(1) An employee or youth assistant of a licensed vendor;
89“(2) A person vending at a licensed special event;
90“(3) A person vending at a licensed public market that has been issued a valid
91 license, authorization, or permit by the Mayor;
92“(4) A person vending as a brick-and-mortar partner, as established in section 9e;
93“(5) A person authorized to vend in public space by another law or regulation.
94(4) A new subsection (d-1) is added to read as follows:
95“(d-1) No person shall alter, falsify, or misrepresent any license, permit, or required
96 authorization.”.
97(5) Subsection (e) is amended to read as follows:
98“(e)(1) Vendors may operate only during the following hours:
99“(A) Sunday through Thursday, from 5:00 a.m. to 12:00 a.m.; and
100“(B) Friday and Saturday from 5:00 a.m. to 1:00 a.m. the next day;
101 provided, that vendors operating in Residential Zones, as specified in the District of Columbia
102 Zoning Regulations, shall not vend past 10:00 p.m. on any night of the week.
103“(2) Any vending-related items, including merchandise, goods, and furniture, left
104 in public space after the operating hours as prescribed in this subsection shall be considered
105 abandoned and subject to immediate removal or disposal by the Department of Public Works;
106 provided, that vending trucks and vending carts left in public space after vending hours shall be
107 subject to impoundment and towing in accordance with section 8b.”.
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108(6) New subsections (f) and (g) are added to read as follows:
109“(f) A person vending from public space shall display their vending license at their
110 vending location in a conspicuous place viewable by the public.
111“(g) Upon the request of a law enforcement officer or civil enforcement officer, a person
112 vending from public space shall present their vending license and any other required
113 authorization.”.
114(c) Section 5 (D.C. Official Code § 37-131.04) is amended to read as follows:
115“Sec. 5. Sidewalk vending locations.
116“(a) The Mayor shall designate sidewalk vending locations in the District; provided, that a
117 sidewalk vending location shall not be located within:
118“(1) 20 feet of a driveway entrance to a police or fire station;
119“(2) 10 feet of any other driveway;
120“(3) 10 feet of an alley;
121“(4) 20 feet of a street-level entry to a Metrorail escalator;
122“(5) 10 feet of a street-level door to a Metrorail elevator;
123“(6) A marked loading zone, entrance zone, or parking space designated for
124 diplomatic parking, or other curbside location restricted for certain vehicles or uses;
125“(7) 10 feet of a fire hydrant or in-ground fire standpipe;
126“(8) 5 feet from a building’s marked fire control room; or
127“(9) A Metrobus stop zone, a commuter bus stop zone, an intercity bus stop zone,
128 or other curbside zone specifically designated as being for transit use.
129“(b)(1) A person that holds a sidewalk vending license and any other required
130 authorizations may vend from any sidewalk vending location designated by the Mayor pursuant
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131 to subsection (a), unless:
132“(A) The location is assigned to another person as described in paragraph
133 (2) of this subsection;
134“(B) The Mayor establishes, by rule, a system by which sidewalk vending
135 locations are assigned to specified sidewalk vendors and the person is not the sidewalk vendor
136 assigned to the sidewalk vending location;
137“(C) The sidewalk vending location is located in a sidewalk vending zone
138 established in accordance with section 9a, in which case the sidewalk vending location may be
139 assigned by such means as may be established for the sidewalk vending zone; or
140“(D) The sidewalk vending location is located in a public market
141 established in accordance with section 7.
142“(2) A sidewalk vendor that holds a license issued before the effective date of the
143 Vending Modernization Amendment Act of 2025 shall be permitted to continue to vend at the
144 vending location designated in that license until the expiration date of the license or its
145 revocation, and no other sidewalk vendor may vend in that location until after such expiration
146 date or revocation.”.
147“(c) The Mayor may designate specific hours, other than those established pursuant to
148 section 3(e), during which vending is allowed at a sidewalk vending location.”.
149(d) A new section 5a is added to read as follows:
150“Sec. 5a. Mobile vending locations.
151“(a) The Mayor shall designate mobile vending locations in the District; provided, that a
152 mobile vending locations shall not be located:
153“(1) Within an area under the exclusive jurisdiction of the United States Park
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154 Police, the United States Capitol Police, or any other agency of the United States government;
155“(2) Within a designated loading zone, entrance zone, parking space designated
156 for diplomatic parking or valet parking, or other curbside zone restricted for certain vehicles or
157 uses;
158“(3) Along the length of a Metrobus stop zone, a commuter bus stop zone, an
159 intercity bus stop zone, or other curbside zone specifically designated for transit use;
160“(4) Within 40 feet of the driveway entrance to a police or fire station, or within
161 20 feet of any other driveway;
162“(5) Within 20 feet of an alley;
163“(6) Within 40 feet of a crosswalk;
164“(7) Within 10 feet of a fire hydrant;
165“(8) Within any of the locations enumerated in 24 DCMR § 535.3;
166“(9) Within any location that is immediately adjacent to a permitted sidewalk café;
167 or
168“(10) Within 5 feet from a building’s marked fire control room.
169“(b) A person may vend from a mobile vending location only if the person is a licensed
170 mobile vendor who holds a vending location permit issued by the Mayor for the specific mobile
171 vending location.
172“(c) Vending location permits for mobile vending locations shall be assigned by lotteries
173 conducted by the Mayor, unless:
174“(1) The Mayor establishes an alternate means of assignment by rule;
175“(2) The mobile vending location is located in a public market established in
176 accordance with section 7.
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177“(d) The Mayor may limit vending in a mobile vending location to food trucks.
178“(e) The Mayor may designate specific hours, other than the hours established pursuant to
179 section 3(e), during which vending is allowed at a mobile vending location.
180“(f)(1) It shall be unlawful to park, leave unattended, or store a vehicle at a mobile
181 vending location if that vehicle is not a vending truck authorized to operate from the mobile
182 vending location, or if the vehicle is parked, left unattended, or stored outside the authorized
183 vending operating hours for the mobile vending location.
184“(2) A violation of paragraph (1) of this subsection shall subject the vehicle to
185 being towed and impounded in accordance with section 8b.”.
186(e) Section 6 (D.C. Official Code § 37-131.05) is repealed.
187(f) Section 7a (D.C. Official Code § 37-131.06a) is amended by striking the phrase “basic
188 business license, a vending site permit” and inserting the phrase “sidewalk vending license,
189 mobile vending license, vending location permit” in its place.
190(g) Section 7b (D.C. Official Code § 37-131.06b) is amended as follows:
191(1) The section heading is amended to read as follows: “Sec. 7b. Vending truck,
192 vending cart, and other vending design standards.”.
193(2) Subsection (a) is amended by:
194(A) Striking the phrase “Food vending cart and vehicle designs” and
195 inserting the phrase “Vending cart and vending truck designs” in its place; and
196(B) Striking the phrase “food vending carts and vehicles for vendors” and
197 inserting the phrase “food trucks and food carts” in its place.
198(3) Subsection (b) is amended as follows:
199(A) Paragraph (1) is amended by striking the phrase “through which
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200 businesses, community-based organizations, and vendors can submit food vending cart” and
201 inserting the phrase “through which businesses, community-based organizations, and sidewalk
202 vending zone managers can submit vending truck and vending cart” in its place.
203(B) Paragraph (2) is amended by:
204(i) Striking the phrase “food vending cart” wherever it appears and
205 inserting the phrase “food truck or food cart” in its place;
206(ii) Striking the phrase “the cart” wherever it appears and inserting
207 the phrase “the food truck or food cart” in its place; and
208(iii) Striking the phrase “food cart” and inserting the phrase “food
209 truck or food cart” in its place.
210(C) Paragraph (3) is amended by:
211(i) Striking the phrase “food vending cart” wherever it appears and
212 inserting the phrase “food truck or food cart” in its place; and
213(ii) Striking the phrase “business, non-profit, community-based
214 organization, or vendor” and inserting the word “applicant” in its place.
215(4) Subsection (c) is amended by:
216(A) Striking the phrase “food vending cart” wherever it appears and
217 inserting the phrase “food truck or food cart” in its place; and
218(B) Striking the phrase “the cart” and inserting the word “food truck or
219 food cart” in its place.
220(5) A new subsection (d) is added to read as follows:
221“(d) The Mayor may, by rule, establish other design standards for vending, including
222 design standards for tables, signage, and other furniture and equipment”.
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223(h) Section 7c (D.C. Official Code § 37-131.06c) is amended by adding a new subsection
224 (e) to read as follows:
225“(e) A food vending cart shall not be stored or left in public space after the hours of
226 operation for vending in the public space. A food vending cart that is left in public space after
227 the hours of operation for vending shall be deemed abandoned and subject to immediate removal
228 and disposal in accordance with section 3(e)(3).”.
229(i) Section 8 (D.C. Official Code § 37-131.07) is amended as follows:
230(1) Strike the phrase “vending site permit” wherever it appears and insert the
231 phrase “vending location permit” in its place.
232(2) Subsection (a)(1) is amended as follows:
233(A) Subparagraph (A) is amended by striking the phrase “basic business
234 license” and inserting the phrase “sidewalk vending license or mobile vending license” in its
235 place.
236(B) Subparagraph (B) is amended by striking the phrase “vending site
237 permit” and inserting the phrase “vending location permit” in its place.
238(C) Subparagraph (C) is amended by striking the phrase “mobile roadway
239 vending site permit” and inserting the phrase “mobile vending location permit” in its place.
240(D) Subparagraph (D) is amended by striking the phrase “vending site
241 permit” and inserting the phrase “vending location permit” in its place.
242(E) Subparagraph (E) is amended by striking the phrase “vending site
243 permit” and inserting the phrase “vending location permit” in its place.
244(3) Subsection (a-1)(3) is amended by striking the phrase “means a food venue”
245 and inserting the phrase “means a public market” in its place.
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246(4) Subsection (b) is amended as follows:
247(A) Paragraph (2) is amended as follows:
248(i) Subparagraph (A) is amended to read as follows:
249“(A) Fees paid for the application for, and issuance or renewal of, a
250 sidewalk vending license or mobile vending license, including late fees;”.
251(ii) Subparagraph (B) is amended by striking the phrase “vending
252 site permit” and inserting the phrase “vending location permit” in its place.
253(B) Paragraph (4) is amended by striking the phrase “a basic business
254 license” and inserting the phrase “a sidewalk vending license or mobile vending license” in its
255 place.
256(j) New sections 8a and 8b are added to read as follows:
257“Sec. 8a. Seizure of unlawfully vended merchandise and associated vending property.
258“(a) The Mayor may, upon issuance of a notice of infraction and seizure and without
259 providing a prior opportunity to be heard, seize any merchandise being sold from public space, as
260 well as any property, including vending carts and equipment, used to vend the merchandise, if:
261“(1) The person:
262“(A) Is vending the merchandise without a required authorization;
263“(B) Fails to provide proof of a required authorization upon the request of
264 the enforcement officer; or
265“(C) Offers or provides to an enforcement officer an altered or falsified
266 required authorization.
267“(2) An altered or falsified required authorization is displayed at the location
268 where the merchandise is being vended.
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269“(b)(1) If the Mayor seizes a person’s merchandise or property pursuant to subsection (a),
270 the Mayor shall hand deliver the notice of infraction and seizure to the vendor, and the notice of
271 infraction and seizure shall be treated for purposes of answering, hearing, adjudication, decision,
272 and appeal as a notice of infraction under section 201 of the Department of Consumer and
273 Regulatory Affairs Civil Infractions Act of 1985 (“Civil Infractions Act”), effective October 5,
274 1985 (D.C. Law 6-42; D.C. Official Code § 2-1802.01).
275“(2) If the person vending the merchandise is different than the individual listed in
276 DLCP’s records as the business owner, the Mayor shall also provide the notice of infraction and
277 seizure, by first-class mail, no later than 5 business days after property is seized, to the last
278 known address of the business owner in DLCP’s records. If DLCP has no record of the business
279 license owner, providing the notice of infraction and seizure to the person vending the
280 merchandise shall be considered constructive notice to the owner of the merchandise.
281“(3) A notice of infraction and seizure issued pursuant to paragraph (1) or (2) of
282 this subsection shall include the information required by section 201(b) of the Civil Infractions
283 Act (D.C. Official Code § 2-1802.01(b)) and the following additional information:
284“(A) A description of the action taken by the Mayor, including a
285 description of the seized merchandise and property;
286“(B) A statement that the respondent has a right to request an expedited
287 hearing by making a request for an expedited hearing in writing within 3 business days after
288 service of the notice;
289“(C) The method by which the respondent may recover the merchandise or
290 property that was seized, if applicable;
291“(D) The date by which the respondent must recover the merchandise or
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292 property before it may be subject to forfeiture and disposal pursuant to this section, which date
293 shall be at least 21 days after the date of seizure, except where the merchandise or property is
294 likely to perish or be greatly reduced in value after seizure or the expense of keeping the
295 merchandise or property is disproportionate to its value;
296“(E) A statement that the merchandise or property shall be considered
297 forfeited and will be sold or otherwise disposed of if it is not recovered by the respondent within
298 21 days of seizure; except as provided in subparagraph (F) of this paragraph; and
299“(F) A statement that if the merchandise or property is likely to perish or
300 be greatly reduced in value by or after its seizure, or the expense of keeping the merchandise or
301 property is disproportionate to its value, the Mayor may immediately sell or otherwise dispose of
302 the merchandise or property.
303“(c)(1) When merchandise or property is seized pursuant to this section, the Mayor shall:
304“(A) Place the merchandise and property in an area designated by the
305 Mayor for safe storage until disposition;
306“(B) Create an inventory of the seized merchandise and property with a
307 description of all merchandise and property seized; and
308“(C) Assign an identification number to each item of merchandise and
309 property seized, except as provided in paragraph (2) of this subsection.
310“(2) For the purposes of this subsection:
311“(A) A sum of currency shall be deemed to be a single item of property;
312 and
313“(B) Identical items may be identified by a single identification number;
314 provided, that the quantity of the item is listed with the identification number.
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315“(d)(1) If seized merchandise or property is likely to perish or be greatly reduced in value
316 by or after its seizure, or the expense of keeping the merchandise or property is disproportionate
317 to its value, the Mayor may immediately sell or otherwise dispose of the merchandise or property.
318“(2) If, pursuant to paragraph (1) of this subsection, the Mayor sells seized
319 merchandise or property, the sale proceeds shall become substitute property for the original
320 seized merchandise or property and shall be subject to forfeiture in accordance with the standards
321 and procedures set forth in this section.
322“(3) If, pursuant to paragraph (1) of this subsection, the Mayor discards seized
323 property, the fair market value of the discarded property before it is discarded shall become
324 substitute property for the original seized property and shall be subject to forfeiture in accordance
325 with the standards and procedures set forth in this section.
326“(4) The Mayor shall maintain records of merchandise and property sold or
327 otherwise disposed of under this subsection, including the purchase price of any merchandise or
328 property sold, and shall maintain the disposition records with the associated inventory of seized
329 merchandise and property.
330“(e) The vendor, or the owner if different from the vendor, whose merchandise or
331 property is seized pursuant to this section, or a person duly authorized by such person, may
332 secure the release of the merchandise or property by paying the seizure fee, transportation fee,
333 and storage fee, if any, for the merchandise or property.
334“(f) The person to whom the merchandise or property is returned shall acknowledge
335 receipt and possession of each item of returned merchandise or property by reference to the
336 specific property identification number assigned to the item.
337“(g) A person whose merchandise or property is seized pursuant to this subsection shall
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338 be entitled to a refund of the seizure fee, transportation fee, and storage fees if the violations or
339 infractions giving rise to the seizure are dismissed or overturned and such dismissal or
340 overturning is neither subject to appeal nor under appeal by the District.
341“(h) If a person whose merchandise or property is seized pursuant to this section does not
342 claim the seized merchandise or property by the date set forth in the notice of infraction and
343 seizure, the merchandise and property shall be deemed forfeited and the Mayor may sell, destroy,
344 or otherwise dispose of the merchandise and property.
345“(i)(1) A person whose merchandise or property is seized pursuant to this section and fails
346 to reclaim their merchandise or property within 21 days after seizure, or such later date as may be
347 set forth in the notice of infraction and seizure, or such earlier date in the case of seized
348 merchandise or property that is likely to perish or be greatly reduced in value by or after its
349 seizure or for which the expense of keeping the merchandise or property is disproportionate to its
350 value, and whose property is thereafter sold, destroyed, or otherwise disposed of by the Mayor
351 shall nevertheless be entitled to recover the fair market value of any merchandise or property
352 sold, destroyed, or otherwise disposed of if:
353“(A) The person timely requests a hearing on the applicable notice of
354 infraction and seizure;
355“(B) The administrative law judge issues an order dismissing the notice of
356 infraction and seizure or finding no violation and the order is neither subject to appeal nor under
357 appeal by the District; and
358“(C) The person establishes the merchandise or property’s fair market
359 value by a preponderance of the evidence.
360“(2) If the Mayor has sold the merchandise or property, the price paid by a good-
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361 faith purchaser, other than the person whose property was seized, shall establish a rebuttable
362 presumption of the fair market value of the property.
363“(j) The Mayor, pursuant to Title I of the District of Columbia Administrative Procedure
364 Act, approved October 21, 1968 (82 Stat. 1204; D.C. Official Code § 2- 501, et seq.) may issue
365 rules to implement this subsection.
366“Sec. 8b. Towing and impoundment of unlawfully operating vending trucks.
367“(a)(1) The Mayor may, upon issuance of a notice of infraction and impoundment and
368 without providing a prior opportunity to be heard, seize, tow, and impound:
369“(A) A vending truck if the vending truck owner, vending truck operator,
370 or an agent or employee of the vending truck owner or vending truck operator:
371“(i) Is vending from the vending truck without a required
372 authorization;
373“(ii) Provides to an enforcement officer an altered or falsified
374 required authorization;
375“(iii) Fails to provide proof of a required authorization upon
376 request by an enforcement officer; or
377“(iv) Operates the vending truck illegally in public space; or
378“(B) A vending truck that:
379“(i) Is illegally parked in public space; or
380“(ii) Displays an altered or falsified required authorization.
381“(C) A vehicle that is illegally parked in a vending truck vending zone.
382“(2) If towing services are not immediately available, the Mayor may immobilize
383 the vehicle until towing services are available.
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384“(b)(1) If the Mayor impounds a vending truck under this subsection, the Mayor shall, as
385 further described in this subsection, provide a written notice of infraction and impoundment to:
386“(A) The vending truck owner;
387“(B) The vending truck operator if different than the food truck owner;
388 and
389“(C) Any lienholders of record of the vending truck, if applicable.
390“(2) A notice of infraction and impoundment issued pursuant to this section shall
391 be treated for purposes of answering, hearing, adjudication, decision, and appeal as a notice of
392 infraction under section 201 of the Department of Consumer and Regulatory Affairs Civil
393 Infractions Act of 1985 (“Civil Infractions Act”), effective October 5, 1985 (D.C. Law 6-42; D.C.
394 Official Code § 2-1802.01).
395“(3) A notice of infraction and impoundment issued pursuant to this section shall
396 include the information required by section 201(b) of the Civil Infractions Act (D.C. Official
397 Code § 2-1802.01(b)) and the following additional information:
398“(A) The vehicle identification number of the vending truck, if applicable;
399“(B) The amount of any fees imposed or to be imposed;
400“(C) A statement that the vending truck will be kept for 72 hours and a
401 description of the procedures for reclaiming the vending truck, which shall be the procedures
402 described in section 9 of the Removal and Disposition of Abandoned and Other Unlawfully
403 Parked Vehicles Reform Act of 2003, effective October 28, 2003 (D.C. Law 15-35; D.C. Official
404 Code § 50-2421.09);
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405“(D) The date by which the person must reclaim the vending truck before
406 it shall be subject to forfeiture and disposal pursuant to this section, which date shall be at least
407 28 days after the date of impoundment;
408“(E) A statement that the vending truck shall be considered forfeited and
409 will be sold or otherwise disposed of if it is not reclaimed by the expiration of the reclamation
410 period, and that any food, merchandise, or equipment on the vending truck shall also be
411 considered forfeited and disposed of in accordance with section 8a; and
412“(4)(A) The maximum rates that may be charged for the towing of a vending truck
413 pursuant to this section shall be as follows:
414“(i) $750 for preparation, hoist, and tow (including use of a roll-
415 back or wheel lift) to a location within the District;
416“(ii) $20 per mile for towing beyond the District line; and
417“(iii) $75 for storage per 24-hour period or part thereof.
418“(B) Upon written request, and if approved by the Director of the
419 Department of Licensing and Consumer Protection, the private tow company employed to
420 remove a vending truck pursuant to this section may charge a towing fee greater than what is set
421 forth in this subsection, but no greater than three times the amount.
422“(5)(A) The notice of infraction and impoundment shall be provided by hand to
423 the vending truck operator, if the vending truck operator is present at the time the notice is
424 issued. If a vending truck operator is not present at the time the notice is issued, the notice shall
425 be posted in a prominent location on the vending truck.
426“(B) The notice of infraction and impoundment shall be provided to the
427 vending truck owner, if different than the vending truck operator, by first-class mail, no later than
                                                  19
428 5 days after the vehicle is seized, towed, or impounded, to the last known address of the vending
429 truck owner, as that information is indicated in the records of the Department of Motor Vehicles
430 or in the records of the appropriate agency of the jurisdiction where the vending truck is
431 registered, if applicable.
432“(C) If neither the vending truck owner nor a vending truck operator is
433 present at the time the notice of infraction and impoundment is issued, and the vending truck
434 does not have a license plate attached to it, then the notice shall be posted on DLCP’s or a
435 District government webpage dedicated to the posting of such notices.
436“(D) A notice to a lienholder of record, if applicable, shall be provided by
437 first-class mail to their last known address as that information is indicated in the records of the
438 Department of Motor Vehicles or in the records of the appropriate agency of the jurisdiction
439 where the vending truck is registered.
440“(6) After the vending truck has been held for 72 hours in accordance with
441 subsection (b)(3)(C), a vending truck owner, or a person duly authorized by a vending truck
442 owner, may secure the release of an impounded vending truck by becoming licensed to operate in
443 the District of Columbia, paying the impoundment fee, towing fee, immobilization fee, if
444 applicable, for the impounded vending truck, and furnishing proof of entitlement to possession of
445 the vehicle, including proof of licensure to operate a vehicle, title, and registration.
446“(7) A vending truck owner shall be entitled to a refund of the impoundment fee,
447 towing fee, immobilization fee, if applicable, and no more than 3 business days storage costs, if
448 applicable, if the violations or infractions giving rise to the impoundment are dismissed or
449 overturned and such dismissal or overturning is neither subject to appeal nor under appeal by the
450 District.
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451“(8) A vending truck impounded under this section may be disposed of pursuant
452 to section 10 of the Removal and Disposition of Abandoned and Other Unlawfully Parked
453 Vehicles Reform Act of 2003, effective October 28, 2003 (D.C. Law 15-35; D.C. Official Code §
454 50-2421.10).
455“(9) The Mayor may contract with, or otherwise engage, a private entity to tow,
456 impound, store, and release vending trucks pursuant to this section and to perform ancillary
457 services.
458“(10) For the purposes of this subsection, the term “enforcement officer” shall
459 have the meaning set forth in section 9(d)(3)(B).
460“(11) The Mayor, pursuant to Title I of the District of Columbia Administrative
461 Procedure Act, approved October 21, 1968 (82 Stat. 1204; D.C. Official Code § 2-501 et seq.),
462 may issue rules to implement this subsection.”.
463(k) Section 9 (D.C. Official Code § 37-131.08) is amended as follows:
464(1) The section title is amended to read as follows:
465“Sec. 9. Penalties; enforcement procedures.
466(2) Subsection (a) is amended to read as follows:
467“(a) The following violations shall be Class 1 civil infractions and subject to the removal,
468 impoundment, or disposal of vending-related materials pursuant to sections 8a and 8b; fines
469 pursuant to section 3201 of Title 16 of the District of Columbia Municipal Regulations (16
470 DCMR § 3201); or both:
471“(1) Vending without a valid license, permit, or other required authorization, as
472 prohibited by section 3(a);
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473“(2) Vending from a location from which the vendor is not authorized to vend, as
474 prohibited by section 3(a); or
475“(3) Failure to display a vending license, as prohibited by section 3(f).”.
476(2) Subsection (b) is amended to read as follows:
477“(b)(1) The Mayor may impose civil fines for any other violation of this act, or any rule
478 issued pursuant to this act, pursuant to the Department of Consumer and Regulatory Affairs Civil
479 Infractions Act of 1985, effective October 5, 1985 (D.C. Law 6-42; D.C. Official Code § 2-
480 1801.01 et seq.).
481“(2) The adjudication of such fines shall be pursuant to the Civil Infractions Act.”.
482(3) Subsection (c) is amended as follows:
483(A) The existing text is designated as paragraph (1).
484(B) A new paragraph (2) is added to read as follows:
485“(2) The Mayor shall not bring a charge against a violator pursuant to subsection
486 (f) unless having first demonstrated an attempt to enforce compliance through the removal,
487 impoundment, or disposal of vending-related materials pursuant to sections 8a and 8b.”.
488(4) A new subsection (f) is added to read as follows:
489“(f) A person shall be guilty of a misdemeanor and, upon conviction, be subject to a fine
490 not to exceed twice the amount set forth in or revised pursuant to subsection (g) of this section,
491 notwithstanding section 101 of the Criminal Fine Proportionality Amendment Act of 2012,
492 effective June 11, 2013 (D.C. Law 19-317; D.C. Official Code § 22-3571.01), imprisonment not
493 to exceed 90 days, or both, foreach violation that includes both of the following: :
494“(1) A violation as provided in subsection (a); and
495“(2) One of the following:
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496
497“(A) Knowingly altering, falsifying, or misrepresenting any license,
498 permit, or required authorization, as prohibited by section 3(d-1);
499“(B) Failing to produce identification in accordance with subsection (d); or
500“(C) Knowingly acting in a manner that impedes or evades civil
501 enforcement of this act.”.
502(3) A new subsection (g) is added to read as follows:
503“(g)(1) A person who commits a violation listed in subsection (f) may, as an alternative to
504 the criminal sanctions provided by subsection (f), be subject to a civil fine for a first offense,
505 except as provided in paragraph (2).
506“(2) A person who vends from a food truck without a license, permit, or other
507 authorization required by this act, as prohibited by section 3(f), may, as an alternative to the
508 criminal sanctions provided by subsection (f) of this section, be subject to a civil fine for a first
509 offense.
510“(3) For every subsequent infraction set forth in paragraph (1) or (2) of this
511 subsection that occurs within a year of a previous infraction, the fine shall be doubled.
512“(4) Fines provided for under this subsection shall be imposed and adjudicated
513 pursuant to the Civil Infractions Act.”.
514(3) Subsection (b) is amended to read as follows:
515“(b)(1) The Mayor may impose civil fines for any other violation of this act, or any rule
516 issued pursuant to this act, pursuant to the Department of Consumer and Regulatory Affairs Civil
517 Infractions Act of 1985, effective October 5, 1985 (D.C. Law 6-42; D.C. Official Code § 2-
518 1801.01 et seq.).
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519“(2) The adjudication of such fines shall be pursuant to the Civil Infractions Act.”.
520(3) Subsection (d) is amended to read as follows:
521“(d)(1) A person who violates subsection (a) of this section in the presence of an
522 enforcement officer shall identify himself or herself at the direction of the officer by giving his or
523 her legal name and current address. If the person refuses to provide his or her legal name and
524 current address, or if the enforcement officer has reason to believe that the person is providing an
525 incorrect name or address, the enforcement officer may request that the person provide
526 reasonable identification. Upon request of the enforcement officer, the person shall produce
527 reasonable identification.
528“(2) If the individual refuses to provide his or her legal name and current address,
529 or if the civil enforcement officer has reason to believe that the person is providing an incorrect
530 name or address, the civil enforcement officer may request that the person provide reasonable
531 identification. Upon the request of the civil enforcement officer, the person shall produce
532 reasonable identification.
533“(3) For the purposes of this subsection, the term:
534“(A) “Civil enforcement officer” means a person, other than a law
535 enforcement officer, who is authorized to enforce the provisions of this act.
536“(B) “Reasonable identification” means a government-issued identification
537 card that includes a person’s legal name, current address, and picture.
538“(4) Nothing in this section shall be construed to restrict the authority of a law
539 enforcement officer to enforce the actions of a person engaged in unlawful conduct while
540 vending.”.
541(5) Subsection (e) is amended as follows:
                                                 24
542(A) The existing text is designated as paragraph (1).
543(B) A new paragraph (2) is added to read as follows:
544“(2) The Mayor may amend the fines set forth in this section by rule.”.
545(l) Section 9a (D.C. Official Code § 37-131.08a) is amended as follows:
546(1) Subsection (a) is amended as follows:
547(A) Paragraph (1) is amended to read as follows:
548“(1) Establish sidewalk vending locations, pursuant to an approved vending site
549 plan submitted by a sidewalk vending zone manager, provided that no such sidewalk vending
550 location shall be in a location prohibited by section 5a(a);”
551(B) Paragraph (3) is amended by:
552(i) Striking the phrase “basic business license” and inserting the
553 phrase “sidewalk vending license” in its place; and
554(ii) Striking the phrase “; and” and inserting a semicolon in its
555 place.
556(C) Paragraph (4) is amended to read as follows:
557“(4) Require all sidewalk vendors to vend from a stand, table, or cart that can be
558 moved by hand; or an approved stationary kiosk in which merchandise can be locked and
559 secured; and
560(2) Subsection (b)(1) is amended as follows:
561(A) Subparagraph (D) is repealed.
562(B) Subparagraph (E) is amended to read as follows:
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563“(E) A Business Improvement District, as that term is defined in section
564 3(7) of the Business Improvement Districts Act of 1996, effective May 29, 1996 (D.C. Law 11-
565 134; D.C. Official Code § 2-1215.02(7)), within the affected area;”.
566(C) A new subparagraph (F) is added to read as follows:
567“(F) A theatre, sports, or entertainment venue within the affected area.”.
568(3) Subsection (c) is amended as follows:
569(A) Paragraph (1) is amended to read as follows:
570“(1) Each sidewalk vending zone shall be supervised by a sidewalk vending zone
571 manager, which may be either:
572“(A) An employee of the Department of Licensing and Consumer
573 Protection, or other agency as determined by the Mayor;
574“(B) A private organization contracted for such purposes, as provided in
575 paragraph (2).”.
576(B) Paragraph (2) is amended to read as follows:
577“(2) For a sidewalk vending zone authorized by this section and section 9b, the
578 Mayor may contract or enter into a memorandum of understanding with a private organization to
579 serve as a sidewalk vending zone manager.”.
580(3) Subsection (d) is amended as follows:
581(A) Paragraph (1) is amended as follows:
582(i) Subparagraph (A) is amended to read as follows:
583“(A) Submit to the Department of Licensing and Consumer Protection a
584 vending site plan, which shall include vending cart and vending table design standards.
585(ii) A new subparagraph (A-i) is added to read as follows:
                                               26
586“(A-i) Enforce the vending site plan, including by reviewing and
587 approving vendors’ vending cart and vending table specifications and designs in accordance with
588 the approved vending site plan:”
589(iii) Subparagraph (G) is amended by striking the phrase “; and”
590 and inserting a semicolon in its place.
591(iv) Subparagraph (H) is amended by striking the period at the end
592 and inserting the phrase “; and” in its place.
593(v) A new subparagraph (I) is added to read as follows:
594“(I) Obtain a public market manager’s license from the Department of
595 Licensing and Consumer Protection.”.
596(B) Paragraph (3)(A) is amended by striking the phrase “business address”
597 and inserting the phrase “business address, and home address, if different from the business
598 address,” in its place.
599(m) Section 9b (D.C. Official Code § 37-131.08b) is amended as follows:
600(1) Subsection (d) is repealed.
601(2) Subsection (e) is repealed.
602(3) New subsections (f) and (g) are added to read as follows:
603“(f)(1) If the Mayor does not contract with a vending zone manager, as set forth in
604 section 9a(c)(1)(B), for the sidewalk vending zone established under this section, there shall be
605 established a Columbia Heights-Mount Pleasant Sidewalk Vending Zone Oversight Committee
606 (“Oversight Committee”), to be comprised of no more than 3 members as follows:
607“(A) One representative of ANC 1A, who shall be a serving ANC
608 Commissioner; and
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609“(B) Two representatives appointed by the Council.
610“(2) All members of the Oversight Committee shall serve without compensation.
611“(3) The Oversight Committee shall have the following responsibilities:
612“(A) Assist in the development and approval of the vending site plan;
613“(B) Advise the Department of Licensing and Consumer Protection,
614 Department of Health, and Office of Tax and Revenue on implementation of the sidewalk
615 vending zone;
616“(C) Provide a written update to Council on implementation of the
617 sidewalk vending zone each month;
618“(D) Assist in outreach and engagement with vendors.”.
619“(4) A request for modification of the vending site plan from any member of the
620 Oversight Committee shall be considered in accordance with section 9a(d)(2).
621“(5) This subsection shall expire two years after the effective date of the Vending
622 Modernization Act of 2025.
623“(g) An employee of the Department of Licensing and Consumer Protection designated
624 as a vending zone site manager pursuant to section 9a(c)(1)(A) shall not be authorized to issue
625 notices of infraction pursuant to section 9.”.
626(n) Section 9c (D.C. Official Code § 37-131.08c) is amended as follows:
627(1) Subsection (c) is amended to read as follows:
628“(c)(1) A person may participate in the amnesty program by filing an application for
629 amnesty with the Mayor.
630“(2) The Mayor shall establish by rule, the requirements for applying for and
631 being approved to participate in the amnesty program.”.
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632(2) A new subsection (d-1) is added to read as follows:
633“(d-1) At the request of the Mayor, the Chief Financial Officer shall send a notice by
634 electronic means to all mobile vendors and sidewalk vendors registered with the Office of Tax
635 and Revenue advising the vendors of the existence of the amnesty program.”.
636(o) A new section 9e is added to read as follows:
637“9e. Sidewalk vendor brick-and-mortar partnership.
638“The Mayor is authorized to establish a program to facilitate partnership agreements
639 between a sidewalk vendor and a brick-and-mortar business, in which a sidewalk vendor is
640 permitted to sell merchandise or consumables produced by a business licensed in the District of
641 Columbia.”.
642(o) Section 10 (D.C. Official Code § 37-131.09) is repealed.
643(p) A new section 10a is added to read as follows:
644“Sec. 10a. Grantmaking authority. “The Mayor may issue grants pursuant to the Grant
645 Administration Act of 2013, effective December 24, 2013 (D.C. Law 20-61; D.C. Official Code
646 § 1-328.11 et seq.), to assist applicants in obtaining a sidewalk vending license, mobile vending
647 license, or other required authorization, purchasing vending-related equipment and supplies,
648 including carts and trucks, and successfully operating as mobile or sidewalk vendor.”.
649(q) A new section 10b is added to read as follows:
650“(b)(1) By January 1, 2028, the Mayor shall establish a centralized application system for
651 the purpose of streamlining the licensing and permitting of sidewalk vendors, mobile vendors,
652 and farmers markets that shall:
653“(A) Enable an applicant to provide the required documentation to one
654 government agency through an online portal;
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655“(B) Make the documentation available to any other relevant agency for
656 review, including for a permit to operate on public space;
657“(C) Clearly communicate to applicants through the online portal the
658 status of their application, including whether they are missing any required documents and which
659 approvals are still pending; and
660“(D) Notify the applicant when each necessary license or permit has been
661 approved.
662“(2) The Mayor shall post on a public facing website the standard requirements
663 for a license, permit, or authorization to vend or operate a market on public space in the
664 District.”.
665Sec. 3. Section 4935(3)(C) of the Department of Health Functions Clarification Act of
666 2001, effective October 3, 2001 (D.C. Law 21-428; D.C. Official Code § 7-742.11(3)(C)), is
667 amended by striking the phrase “Department of Licensing and Consumer Protection” and
668 inserting the phrase “Department of Buildings” in its place.
669Sec. 4. Fiscal impact statement.
670The Council adopts the fiscal impact statement in the committee report as the fiscal
671 impact statement required by section 4a of the General Legislative Procedures Act of 1975,
672 approved October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a).
673Sec. 5. Effective date.
674This act shall take effect after approval by the Mayor (or in the event of veto by the
675 Mayor, action by the Council to override the veto), a 30-day period of congressional review as
676 provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December
677 24, 1973 (87 Stat. 813; D.C. Official Code § 1-206.02(c)(1)), and publication in the District of
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678 Columbia Register.
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