B 26-0370

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
1
2
3at the request of the Mayor
4
5
6A BILL
7
8
9
10IN THE COUNCIL OF THE DISTRICT OF COLUMBIA
11
12
13 To amend the Vending Regulation Act of 2009 to add new terms and definitions; to establish a
14new sidewalk vending license and mobile vending license; to authorize the Mayor to
15amend the operating hours for vendors by rulemaking; to authorize the Department of
16Public Works to dispose of merchandise, goods, and equipment left in public space after
17the conclusion of the operating hours for vendors; to repeal vending development zones;
18to establish mobile vending locations; to authorize sidewalk vending zone managers to
19approve vending cart designs for vendors in the sidewalk vending zone; to establish a
20public right-of-way permit to replace the vending site permit; to authorize the Mayor tow
21and impound food trucks that are parked in prohibited areas, and to tow and impound
22vehicles that are parked in food truck vending zones; to establish misdemeanor and
23enhanced civil penalties for vending without a license, permit, or other required
24authorization, vending from an unauthorized location, failing to produce a vending
25license or other required authorization, and failing to produce identification; to revise the
26definition of civil enforcement officer; to require the Mayor to update the civil penalty
27schedule; to authorize the Mayor to change fines by rulemaking; to repeal the
28requirement that an enforcement officer detain but not arrest a person who refuses to
29produce reasonable identification; to repeal the definition of detain; to authorize the
30Mayor to seize goods and merchandise from illegally operating vendors; to authorize the
31Mayor to tow and impound illegally operating food trucks; to permit for-profit
32organizations to apply to be a sidewalk vending zone manager; to require the Office of
33Tax and Revenue to operate the Vending Amnesty Program; and to amend the
34Department of Health Functions Clarification Act of 200 I to clarify that the Department
35of Buildings issues certificates of occupancy;
36
37BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this
38
39 act may be cited as the "Vending Compliance and Modernization Amendment Act of
40
41 2025".
42
43Sec. 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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45(a) Section 2 (D.C. Official Code § 37-131.01) is amended as follows:
46(1) Paragraph (1) is redesignated as paragraph (1C).
47(2) New paragraphs (1), (1A), and (1B) are added to read as follows:
48“(1) “Food truck” means a self-propelled mobile unit or vehicle, equipped to
49 store, cook, prepare, serve, or sell food.
50“(1A) “Food truck operator” means a person who controls or manages food truck.
51“(1B) “Food truck owner” means a person listed in the records of the Department
52 of Motor Vehicles, or the records of a motor vehicle agency of another jurisdiction, as an owner
53 of a food truck.”.
54(3) New paragraphs (1D), (1E), and (1F) are added to read as follows:
55“(1D) “Mobile vending license” means a basic business license that authorizes a
56 person to sell food, goods, merchandise, and services from a mobile vending location.
57“(1E) “Mobile vending location” means a specific location, located in the portion
58 of a roadway reserved for vehicular parking, that is designated by the Mayor as a location at
59 which a properly licensed and authorized person may vend from a vending truck or a food
60 truck.”.
61“(1F) “Mobile vendor” means a person who engages in business while occupying
62 a portion of the public right-of-way reserved for vehicular parking or travel.”.
63(f) New paragraphs (2A), (2B), (2C), (2D), (2E), and (2F) are added to read as follows:
64“(2A) “Public right-of-way" means all the publicly owned property between
65 property lines shown on the records of the District, and includes any roadway, tree space,
66 sidewalk, or parking between such property lines.
67“(2B) “Public space” means:
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68“(A) The public-right-of-way; and
69“(B) Other property owned by or under the administrative control or
70 jurisdiction of the District that is generally open and accessible to the public, including public
71 squares, plazas, and parks.
72“(2C) “Required authorization” means a vending license, vending location permit,
73 or other license, permit, or authorization required under section 3(a) or any other license, permit,
74 or authorization required by applicable law or regulation to lawfully vend from a sidewalk,
75 roadway, or other public space.
76“(2D) “Roadway” means the portion of the public right-of-way that is reserved for
77 vehicular travel or parking.
78“(2E) “Sidewalk vending license” means a basic business license that authorizes a
79 person to sell food, goods, merchandise, and serves at a sidewalk vending location.”
80“(2F) “Sidewalk vending location” means a specific location, located on a
81 sidewalk or other portion of the public space other than the portion of the public right-of-way
82 that is reserved for vehicular travel or parking, that is designated by the Mayor as a location
83 where a properly licensed and authorized person may vend.”.
84(4) Paragraph (5) is amended by striking the phrase “vehicular travel” and
85 inserting the phrase “vehicular travel or parking” in its place.
86(5) New paragraphs (6A) and (6B) are added to read as follows:
87“(6A) “Vending license” means a sidewalk vending license or mobile vending
88 license.
89“(6B) “Vending location permit” means a permit or other authorization issued by
90 the Mayor authorizing a vendor to vend in the public space at a specific location.”.
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91(6) Paragraph (8) is repealed.
92(7) New paragraphs (9), (10), (11), and (12) are added to read as follows:
93“(9) “Vending truck” means a mobile unit or vehicle, equipped to store, cook,
94 prepare, serve, or sell food or to store, prepare, and sell goods, merchandise, or services. The
95 term “vending truck” includes a food truck.
96“(10) “Vending truck operator” means a person who controls or manages a
97 vending truck.
98“(11) “Vending truck owner” means a person listed in the records of the
99 Department of Motor Vehicles, or the records of a motor vehicle agency of another jurisdiction,
100 as an owner of a vending truck.
101“(12) “Vendor” means a person who sells or offers for sale any food,
102 goods, merchandise, or services from public space. The term “vendor” includes a food truck
103 operator, vending truck operator, mobile vendor, and sidewalk vendor.”.
104(b) Section 3 (D.C. Official Code § 37-131.02)) is amended as follows:
105(1) Subsection (a) is amended to read as follows:
106“(a)(1) Except as provided in subsection (b) of this section:
107“(A) A person shall not vend from a sidewalk or other public space unless
108 the person:
109“(i) Holds a sidewalk vending license;
110“(ii) Holds such other licenses, permits, and authorizations,
111 including a vending location permit, as the Mayor may require by rule;
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112“(iii) Is vending at a designated sidewalk vending location, at
113 which the person is authorized to vend, during the hours that vending is authorized at the
114 location; and
115“(iv) Is otherwise operating in compliance with District law.
116“(B) A person shall not vend from a portion of a roadway that is reserved
117 for vehicular parking unless the person:
118“(i) Holds a mobile vending license;
119“(ii) Holds such other licenses, permits, and authorizations that the
120 Mayor may require by rule;
121“(iii) Is vending at a designated mobile vending location, at which
122 the person is authorized to vend, pursuant to a vending location permit when required under this
123 act or rules issued pursuant to this act, during the hours that vending is authorized at the location;
124 and
125“(iv) Is otherwise operating in compliance with District law.”.
126(2) Subsection (b) is amended to read as follows:
127“(b)The Mayor may authorize the following persons to vend from public space without a
128 sidewalk vending license or mobile vending license:
129“(1) An employee or youth assistant of a licensed vendor;
130“(2) A person vending at a licensed special event;
131“(3) A person vending at a licensed public market that hast been issued a valid
132 license, authorization, or permit by the Mayor;
133“(4) A person authorized to vend in public space by another law or by a rule
134 issued pursuant to another law; and
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135“(5) A person authorized to vend from public space without a sidewalk vending
136 license or mobile vending license by a rule issued pursuant to this act.”.
137(3) Subsection (d) is repealed.
138(4) A new subsection (d-1) is added to read as follows:
139“(d-1) No person shall, alter, falsify, or misrepresent any license, permit, or required
140 authorization.”.
141(5) Subsection (e) is amended to read as follows:
142“(e)(1) Vendors may operate only during the following hours:
143“(A) Sunday through Thursday, from 5:00 a.m. to 12:00 a.m.; and
144“(B) Friday and Saturday from 5:00 a.m. to 1:00 a.m. the next day;
145 provided, that vendors operating in Residential Zones, as specified in the District of Columbia
146 Zoning Regulations, shall not vend past 10:00 p.m. on any night of the week.
147“(2) The Mayor may, by rule, change the hours set forth in paragraph (1) of this
148 subsection.
149“(3)Any vending-related items, including merchandise, goods, and furniture, left
150 in public space after the operating hours authorized by or under this subsection shall be
151 considered abandoned and subject to immediate removal and disposal by the Department of
152 Public Works; provided, that vending trucks and vending carts left in public space after vending
153 hours shall be subject to impoundment and towing in accordance with section 8b.”.
154(6) New subsections (f) and (g) are added to read as follows:
155“(f) A person vending from public space shall:
156“(1) Display their vending license at their vending location in a conspicuous place
157 viewable by the public; and
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158“(2) Have in their immediate possession or control a government-issued
159 identification card that includes the person’s legal name, current address, and picture.
160“(g) Upon the request of a law enforcement officer or civil enforcement officer, a person
161 vending from public space shall present their vending license, any other required authorization,
162 and the government-issued identification card referred to in subsection (f)(2) of this section to
163 the officer for the officer’s inspection.”.
164(c) Section (5)(D.C. Official Code § 37-131.04) is amended as follows:
165“Sec. 5. Sidewalk vending locations.
166“(a) The Mayor shall designate sidewalk vending locations in the District; provided, that
167 a sidewalk vending location shall not be located within:
168“(1) 20 feet of a driveway entrance to a police or fire station;
169“(2) 10 feet of any other driveway;
170“(3) 10 feet of an alley;
171“(4) 20 feet of a street-level entry to a Metrorail escalator;
172“(5) 10 feet of a street-level door to a Metrorail elevator;
173“(6) A marked loading zone, entrance zone, or parking space designated for
174 diplomatic parking, or other curbside location restricted for certain vehicles or uses;
175“(7) 10 feet of a fire hydrant or in-ground fire standpipe;
176“(8) 5 feet from a building’s marked fire control room; or
177“(9) A Metrobus stop zone, a commuter bus stop zone, an intercity bus stop zone,
178 or other curbside zone specifically designated as being for transit use.
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179“(b)(1) A person that holds a sidewalk vending license and any other required
180 authorizations may vend from any sidewalk vending location designated by the Mayor pursuant
181 to subsection (a), unless:
182“(A) The location is assigned to another person as described in paragraph
183 (2) of this subsection;
184“(B) The Mayor establishes, by rule, a system by which sidewalk vending
185 locations are assigned to specified sidewalk vendors and the person is not the sidewalk vendor
186 assigned to the sidewalk vending location;
187“(C) The sidewalk vending location is located in a sidewalk vending zone
188 established in accordance with section 9a, in which case the sidewalk vending location may be
189 assigned by such means as may be established for the sidewalk vending zone; or
190“(D) The sidewalk vending location is located in a public market
191 established in accordance with section 7.
192“(2) A sidewalk vendor that holds a license issued before the effective date of the
193 Vending Compliance and Modernization Amendment Act of 2025 shall be permitted to continue
194 to vend at the vending location designated in that license until the expiration date of the license
195 or its revocation, and no other sidewalk vendor may vend in that location until after such
196 expiration date or revocation.”.
197“(c) The Mayor may designate specific hours, other than those established pursuant to
198 section 3(e), during which vending is allowed at a sidewalk vending location.”.
199(d) A new section 5a is added to read as follows:
200“Sec. 5a. Mobile vending locations.
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201“(a) The Mayor shall designate mobile vending locations in the District; provided, that a
202 mobile vending location shall not be located:
203“(1) Within an area under the exclusive jurisdiction of the United States Park
204 Police, the United States Capitol Police, or any other agency of the United States government;
205“(2) Within a designated loading zone, entrance zone, parking space designated
206 for diplomatic parking or valet parking, or other curbside zone restricted for certain vehicles or
207 uses;
208“(3) Along the length of a Metrobus stop zone, a commuter bus stop zone, an
209 intercity bus stop zone, or other curbside zone specifically designated for transit use;
210“(4) Within 40 feet of the driveway entrance to a police or fire station, or within
211 20 feet of any other driveway;
212“(5) Within 20 feet of an alley;
213“(6) Within 40 feet of a crosswalk;
214“(7) Within 10 feet of a fire hydrant;
215“(8) Within any of the locations enumerated in 24 DCMR § 535.3;
216“(9) Within any location that is immediately adjacent to a permitted sidewalk
217 café; or
218“(10) Within 5 feet from a building’s marked fire control room.
219“(b) A person may vend from a mobile vending location only if the person is a licensed
220 mobile vendor who holds a vending location permit issued by the Mayor for the specific mobile
221 vending location.
222“(c) Vending location permits for mobile vending locations shall be assigned by lotteries
223 conducted by the Mayor, unless:
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224“(1) The Mayor establishes an alternate means of assignment by rule;
225“(2) The mobile vending location is located in a public market established in
226 accordance with section 7.
227“(d) The Mayor may limit vending in a mobile vending location to food trucks.
228“(e) The Mayor may designate specific hours, other than the hours established pursuant to
229 section 3(e), during which vending is allowed at a mobile vending location.
230“(f)(1) It shall be unlawful to park, leave unattended, or store a vehicle at a mobile
231 vending location if that vehicle is not a vending truck authorized to operate from the mobile
232 vending location, or if the vehicle is parked, left unattended, or stored outside the authorized
233 vending operating hours for the mobile vending location.
234“(2) A violation of paragraph (1) of this subsection shall subject the vehicle to
235 being towed and impounded in accordance with section 8b.”.
236(e) Section 6 (D.C. Official Code § 37-131.05) is repealed.
237(f) Section 7a (D.C. Official Code § 37-131.06a) is amended by striking the phrase “basic
238 business license, a vending site permit” and inserting the phrase “sidewalk vending license,
239 mobile vending license, vending location permit” in its place.
240(g) Section 7b (D.C. Official Code § 37-131.06b) is amended as follows:
241(1) The section heading is amended to read as follows:
242“Sec. 7b. Vending truck, vending cart, and other vending design standards.
243(2) Subsection (a) is amended by:
244(A) Striking the phrase “Food vending cart and vehicle designs” and
245 inserting the phrase “Vending cart and vending truck designs” in its place; and
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246(B) Striking the phrase “food vending carts and vehicles for vendors” and
247 inserting the phrase “food trucks and food carts” in its place.
248(3) Subsection (b) is amended as follows:
249(A) Paragraph (1) is amended by striking the phrase “through which
250 businesses, community-based organizations, and vendors can submit food vending cart” and
251 inserting the phrase “through which businesses, community-based organizations, and sidewalk
252 vending zone managers can submit vending truck and vending cart” in its place.
253(B) Paragraph (2) is amended by:
254(i) Striking the phrase “food vending cart” wherever it appears and
255 inserting the phrase “food truck or food cart” in its place;
256(ii) Striking the phrase “the cart” wherever it appears and inserting
257 the phrase “the food truck or food cart” in its place; and
258(iii) Striking the phrase “food cart” and inserting the phrase “food
259 truck or food cart” in its place.
260(C) Paragraph (3) is amended by:
261(i) Striking the phrase “food vending cart” wherever it appears and
262 inserting the phrase “food truck or food cart” in its place; and
263(ii) Striking the phrase “business, non-profit, community-based
264 organization, or vendor” and inserting the word “applicant” in its place.
265(4) Subsection (c) is amended by:
266(A) Striking the phrase “food vending cart” wherever it appears and
267 inserting the phrase “food truck or food cart” in its place; and
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268(B) Striking the phrase “the cart” and inserting the word “food truck or
269 food cart” in its place.
270(5) A new subsection (d) is added to read as follows:
271“(d) The Mayor may, by rule, establish other design standards for vending, including
272 design standards for tables, signage, and other furniture and equipment, and may require vendors
273 to comply with such standards.”.
274(h) Section 7c (D.C. Official Code § 37-131.06c) is amended by adding a new subsection
275 (e) to read as follows:
276“(e) A food vending cart shall not be stored or left in public space after the hours of
277 operation for vending in public space. A food vending cart that is left in public space after the
278 hours of operation for vending shall be deemed abandoned and subject to immediate removal and
279 disposal in accordance with section 3(e)(3).”.
280(i) Section 8 (D.C. Official Code § 37-131.07) is amended as follows:
281(1) Strike the phrase “vending site permit” wherever it appears and insert the
282 phrase “vending location permit” in its place.
283(2) Subsection (a)(1) is amended as follows:
284(A) Subparagraph (A) is amended by striking the phrase “basic business
285 license” and inserting the phrase “sidewalk vending license or mobile vending license” in its
286 place.
287(B) Subparagraph (B) is amended by striking the phrase “vending site
288 permit” and inserting the phrase “vending location permit” in its place.
289(C) Subparagraph (C) is amended by striking the phrase “mobile roadway
290 vending site permit” and inserting the phrase “mobile vending location permit” in its place.
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291(D) Subparagraph (D) is amended by striking the phrase “vending site
292 permit” and inserting the phrase “vending location permit” in its place.
293(E) Subparagraph (E) is amended by striking the phrase “vending site
294 permit” and inserting the phrase “vending location permit” in its place.
295(3) Subsection (a-1)(3) is amended by striking the phrase “means a food venue”
296 and inserting the phrase “means a public market” in its place.
297(4) Subsection (b) is amended as follows:
298(A) Paragraph (2) is amended as follows:
299(i) Subparagraph (A) is amended to read as follows:
300“(A) Fees paid for the application for, and issuance or renewal of, a
301 sidewalk vending license or mobile vending license, including late fees;”.
302(ii) Subparagraph (B) is amended by striking the phrase “vending
303 site permit” and inserting the phrase “vending location permit” in its place.
304(B) Paragraph (4) is amended by striking the phrase “a basic business
305 license” and inserting the phrase “a sidewalk vending license or mobile vending license” in its
306 place.
307(j) New sections 8a and 8b are added to read as follows:
308“Sec. 8a. Seizure of unlawfully vended merchandise and associated vending property.
309“(a) The Mayor may, upon issuance of a notice of infraction and seizure and without
310 providing a prior opportunity to be heard, seize any merchandise being sold from public space,
311 as well as any property, including vending carts and equipment, used to vend the merchandise, if:
312“(1) The person:
313“(A) Is vending the merchandise without a required authorization;
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314“(B) Fails to provide proof of a required authorization upon the request of
315 the enforcement officer; or
316“(C) Offers or provides to an enforcement officer an altered or falsified
317 required authorization.
318“(2) An altered or falsified required authorization is displayed at the location
319 where the merchandise is being vended.
320“(b)(1) If the Mayor seizes a person’s merchandise or property pursuant to subsection (a),
321 the Mayor shall hand deliver the notice of infraction and seizure to the vendor, and the notice of
322 infraction and seizure shall be treated for purposes of answering, hearing, adjudication, decision,
323 and appeal as a notice of infraction under section 201 of the Department of Consumer and
324 Regulatory Affairs Civil Infractions Act of 1985 (“Civil Infractions Act”), effective October 5,
325 1985 (D.C. Law 6-42; D.C. Official Code § 2-1802.01).
326“(2) If the person vending the merchandise is different than the individual listed in
327 DLCP’s records as the business owner, the Mayor shall also provide the notice of infraction and
328 seizure, by first-class mail, no later than 5 business days after property is seized, to the last
329 known address of the business owner in DLCP’s records. If DLCP has no record of the business
330 license owner, providing the notice of infraction and seizure to the person vending the
331 merchandise shall be considered constructive notice to the owner of the merchandise.
332“(3) A notice of infraction and seizure issued pursuant to paragraph (1) or (2) of
333 this subsection shall include the information required by section 201(b) of the Civil Infractions
334 Act (D.C. Official Code § 2-1802.01(b)) and the following additional information:
335“(A) A description of the action taken by the Mayor, including a
336 description of the seized merchandise and property;
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337“(B) A statement that the respondent has a right to request an expedited
338 hearing by making a request for an expedited hearing in writing within 3 business days after
339 service of the notice;
340“(C) The method by which the respondent may recover the merchandise or
341 property that was seized, if applicable;
342“(D) The date by which the respondent must recover the merchandise or
343 property before it may be subject to forfeiture and disposal pursuant to this section, which date
344 shall be at least 21 days after the date of seizure, except where the merchandise or property is
345 likely to perish or be greatly reduced in value after seizure or the expense of keeping the
346 merchandise or property is disproportionate to its value;
347“(E) A statement that the merchandise or property shall be considered
348 forfeited and will be sold or otherwise disposed of if it is not recovered by the respondent within
349 21 days of seizure; except as provided in subparagraph (F) of this paragraph; and
350“(F) A statement that if the merchandise or property is likely to perish or
351 be greatly reduced in value by or after its seizure, or the expense of keeping the merchandise or
352 property is disproportionate to its value, the Mayor may immediately sell or otherwise dispose of
353 the merchandise or property.
354“(c) If a respondent requests an expedited hearing within 3 business days after service of
355 the notice of infraction and seizure, the Office of Administrative Hearings shall conduct the
356 hearing within 3 business days after receipt of the request and shall issue a decision within 10
357 business days after the hearing.
358“(d)(1) When merchandise or property is seized pursuant to this section, the Mayor shall:
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359“(A) Place the merchandise and property in an area designated by the
360 Mayor for safe storage until disposition;
361“(B) Create an inventory of the seized merchandise and property with a
362 description of all merchandise and property seized; and
363“(C) Assign an identification number to each item of merchandise and
364 property seized, except as provided in paragraph (2) of this subsection.
365“(2) For the purposes of this subsection:
366“(A) A sum of currency shall be deemed to be a single item of property;
367 and
368“(B) Identical items may be identified by a single identification number;
369 provided, that the quantity of the item is listed with the identification number.
370“(e)(1) If seized merchandise or property is likely to perish or be greatly reduced in value
371 by or after its seizure, or the expense of keeping the merchandise or property is disproportionate
372 to its value, the Mayor may immediately sell or otherwise dispose of the merchandise or
373 property.
374“(2) If, pursuant to paragraph (1) of this subsection, the Mayor sells seized
375 merchandise or property, the sale proceeds shall become substitute property for the original
376 seized merchandise or property and shall be subject to forfeiture in accordance with the standards
377 and procedures set forth in this section.
378“(3) If, pursuant to paragraph (1) of this subsection, the Mayor discards seized
379 property, the fair market value of the discarded property before it is discarded shall become
380 substitute property for the original seized property and shall be subject to forfeiture in
381 accordance with the standards and procedures set forth in this section.
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382“(4) The Mayor shall maintain records of merchandise and property sold or
383 otherwise disposed of under this subsection, including the purchase price of any merchandise or
384 property sold, and shall maintain the disposition records with the associated inventory of seized
385 merchandise and property.
386“(f) The vendor, or the owner if different from the vendor, whose merchandise or
387 property is seized pursuant to this section, or a person duly authorized by such person, may
388 secure the release of the merchandise or property by paying the seizure fee, transportation fee,
389 and storage fee, if any, for the merchandise or property.
390“(g) The person to whom the merchandise or property is returned shall acknowledge
391 receipt and possession of each item of returned merchandise or property by reference to the
392 specific property identification number assigned to the item.
393“(h) A person whose merchandise or property is seized pursuant to this subsection shall
394 be entitled to a refund of the seizure fee, transportation fee, and storage fees if the violations or
395 infractions giving rise to the seizure are dismissed or overturned and such dismissal or
396 overturning is neither subject to appeal nor under appeal by the District.
397“(i) If a person whose merchandise or property is seized pursuant to this section does not
398 claim the seized merchandise or property by the date set forth in the notice of infraction and
399 seizure, the merchandise and property shall be deemed forfeited and the Mayor may sell, destroy,
400 or otherwise dispose of the merchandise and property.
401“(j)(1) A person whose merchandise or property is seized pursuant to this section and
402 fails to reclaim their merchandise or property within 21 days after seizure, or such later date as
403 may be set forth in the notice of infraction and seizure, or such earlier date in the case of seized
404 merchandise or property that is likely to perish or be greatly reduced in value by or after its
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405 seizure or for which the expense of keeping the merchandise or property is disproportionate to its
406 value, and whose property is thereafter sold, destroyed, or otherwise disposed of by the Mayor
407 shall nevertheless be entitled to recover the fair market value of any merchandise or property
408 sold, destroyed, or otherwise disposed of if:
409“(A) The person timely requests a hearing on the applicable notice of
410 infraction and seizure;
411“(B) The administrative law judge issues an order dismissing the notice of
412 infraction and seizure or finding no violation and the order is neither subject to appeal nor under
413 appeal by the District; and
414“(C) The person establishes the merchandise or property’s fair market
415 value by a preponderance of the evidence.
416“(2) If the Mayor has sold the merchandise or property, the price paid by a good-
417 faith purchaser, other than the person whose property was seized, shall establish a rebuttable
418 presumption of the fair market value of the property.
419“(k) The Mayor, pursuant to Title I of the District of Columbia Administrative Procedure
420 Act, approved October 21, 1968 (82 Stat. 1204; D.C. Official Code § 2- 501, et seq.) may issue
421 rules to implement this subsection.
422“Sec. 8b. Towing and impoundment of unlawfully operating vending trucks.
423“(a)(1) The Mayor may, upon issuance of a notice of infraction and impoundment and
424 without providing a prior opportunity to be heard, seize, tow, and impound:
425“(A) A vending truck if the vending truck owner, vending truck operator,
426 or an agent or employee of the vending truck owner or vending truck operator:
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427“(i) Is vending from the vending truck without a required
428 authorization;
429“(ii) Provides to an enforcement officer an altered or falsified
430 required authorization;
431“(iii) Fails to provide proof of a required authorization upon
432 request by an enforcement officer; or
433“(iv) Operates the vending truck illegally in public space; or
434“(B) A vending truck that:
435“(i) Is illegally parked in public space; or
436“(ii) Displays an altered or falsified required authorization.
437“(C) A vehicle that is illegally parked in a vending truck vending zone.
438“(2) If towing services are not immediately available, the Mayor may immobilize
439 the vehicle until towing services are available.
440“(b)(1) If the Mayor impounds a vending truck under this subsection, the Mayor shall, as
441 further described in this subsection, provide a written notice of infraction and impoundment to:
442“(A) The vending truck owner;
443“(B) The vending truck operator if different than the food truck owner;
444 and
445“(C) Any lienholders of record of the vending truck, if applicable.
446“(2) A notice of infraction and impoundment issued pursuant to this section shall
447 be treated for purposes of answering, hearing, adjudication, decision, and appeal as a notice of
448 infraction under section 201 of the Department of Consumer and Regulatory Affairs Civil
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449 Infractions Act of 1985 (“Civil Infractions Act”), effective October 5, 1985 (D.C. Law 6-42;
450 D.C. Official Code § 2-1802.01).
451“(3) A notice of infraction and impoundment issued pursuant to this section shall
452 include the information required by section 201(b) of the Civil Infractions Act (D.C. Official
453 Code § 2-1802.01(b)) and the following additional information:
454“(A) The vehicle identification number of the vending truck, if applicable;
455“(B) The amount of any fees imposed or to be imposed;
456“(C) A statement that the vending truck will be kept for 72 hours and a
457 description of the procedures for reclaiming the vending truck, which shall be the procedures
458 described in section 9 of the Removal and Disposition of Abandoned and Other Unlawfully
459 Parked Vehicles Reform Act of 2003, effective October 28, 2003 (D.C. Law 15-35; D.C. Official
460 Code § 50-2421.09);
461“(D) The date by which the person must reclaim the vending truck before
462 it shall be subject to forfeiture and disposal pursuant to this section, which date shall be at least
463 28 days after the date of impoundment;
464“(E) A statement that the vending truck shall be considered forfeited and
465 will be sold or otherwise disposed of if it is not reclaimed by the expiration of the reclamation
466 period, and that any food, merchandise, or equipment on the vending truck shall also be
467 considered forfeited and disposed of in accordance with section 8a; and
468“(F) A statement that the person has the right to request an expedited
469 hearing from the Office of Administrative Hearings, by making a request for an expedited
470 hearing in writing within 3 business days after service of the notice.
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471“(4)(A) The maximum rates that may be charged for the towing of a vending
472 truck pursuant to this section shall be as follows:
473“(i) $750 for preparation, hoist, and tow (including use of a roll-
474 back or wheel lift) to a location within the District;
475“(ii) $20 per mile for towing beyond the District line; and
476“(iii) $75 for storage per 24-hour period or part thereof.
477“(B) Upon written request, and if approved by the Director of the
478 Department of Licensing and Consumer Protection, the private tow company employed to
479 remove a vending truck pursuant to this section may charge a towing fee greater than what is set
480 forth in this subsection, but no greater than three times the amount.
481“(5)(A) The notice of infraction and impoundment shall be provided by hand to
482 the vending truck operator, if the vending truck operator is present at the time the notice is
483 issued. If a vending truck operator is not present at the time the notice is issued, the notice shall
484 be posted in a prominent location on the vending truck.
485“(B) The notice of infraction and impoundment shall be provided to the
486 vending truck owner, if different than the vending truck operator, by first-class mail, no later
487 than 5 days after the vehicle is seized, towed, or impounded, to the last known address of the
488 vending truck owner, as that information is indicated in the records of the Department of Motor
489 Vehicles or in the records of the appropriate agency of the jurisdiction where the vending truck is
490 registered, if applicable.
491“(C) If neither the vending truck owner nor a vending truck operator is
492 present at the time the notice of infraction and impoundment is issued, and the vending truck
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493 does not have a license plate attached to it, then the notice shall be posted on DLCP’s or a
494 District government webpage dedicated to the posting of such notices.
495“(D) A notice to a lienholder of record, if applicable, shall be provided by
496 first-class mail to their last known address as that information is indicated in the records of the
497 Department of Motor Vehicles or in the records of the appropriate agency of the jurisdiction
498 where the vending truck is registered.
499“(6) If a respondent requests an expedited hearing within 3 business days after
500 service of the notice, the Office of Administrative Hearings shall conduct the hearing within 3
501 business days after receipt of the request and shall issue a decision within 10 business days after
502 the hearing.
503“(7) After the vending truck has been held for 72 hours in accordance with
504 subsection (b)(3)(C), a vending truck owner, or a person duly authorized by a vending truck
505 owner, may secure the release of an impounded vending truck by becoming licensed to operate
506 in the District of Columbia, paying the impoundment fee, towing fee, immobilization fee, if
507 applicable, for the impounded vending truck, and furnishing proof of entitlement to possession of
508 the vehicle, including proof of licensure to operate a vehicle, title, and registration.
509“(8) A vending truck owner shall be entitled to a refund of the impoundment fee,
510 towing fee, immobilization fee, if applicable, and no more than 3 business days storage costs, if
511 applicable, if the violations or infractions giving rise to the impoundment are dismissed or
512 overturned and such dismissal or overturning is neither subject to appeal nor under appeal by the
513 District.
514“(9) A vending truck impounded under this section may be disposed of pursuant
515 to section 10 of the Removal and Disposition of Abandoned and Other Unlawfully Parked
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516 Vehicles Reform Act of 2003, effective October 28, 2003 (D.C. Law 15-35; D.C. Official Code
517 § 50-2421.10).
518“(10) The Mayor may contract with, or otherwise engage, a private entity to tow,
519 impound, store, and release vending trucks pursuant to this section and to perform ancillary
520 services.
521“(11) For the purposes of this subsection, the term “enforcement officer” shall
522 have the meaning set forth in section 9(d)(3)(B).
523“(12) The Mayor, pursuant to Title I of the District of Columbia Administrative
524 Procedure Act, approved October 21, 1968 (82 Stat. 1204; D.C. Official Code § 2-501 et seq.),
525 may issue rules to implement this subsection.”.
526(k) Section 9 (D.C. Official Code § 37-131.08) is as follows:
527(1) Subsection (a) is amended to read as follows:
528“(a) A person shall be guilty of a misdemeanor and, upon conviction, be subject to a fine
529 not to exceed twice the amount set forth in or revised pursuant to subsection (a-1) of this section,
530 notwithstanding section 101 of the Criminal Fine Proportionality Amendment Act of 2012,
531 effective June 11, 2013 (D.C. Law 19-317; D.C. Official Code § 22-3571.01), imprisonment not
532 to exceed 90 days, or both, for each violation of the following violations of this act:
533“(1) Vending without a valid license, permit, or other required authorization, as
534 prohibited by section 3(a);
535“(2) Vending from a location from which the vendor is not authorized to vend, as
536 prohibited by section 3(a);
537“(3) Knowingly altering, falsifying, or misrepresenting any license, permit, or
538 required authorization, as prohibited by section 3(d-1);
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539“(4) Failing to produce a vending license or other required authorization upon the
540 request of a law enforcement officer or civil enforcement officer, as prohibited by section 3(g);
541 and
542“(5) Failing to produce identification, as prohibited by subsection (d) of this
543 section.”.
544(2) A new subsection (a-1) is added to read as follows:
545“(a-1)(1) A person who commits a violation listed in subsection (a) of this section may,
546 as an alternative to the criminal sanctions provided by subsection (a) of this section, be subject to
547 a civil fine of up to $3,500 for a first offense, except as provided in paragraph (2) of this
548 subsection.
549“(2) A person who vends from a food truck without a license, permit, or other
550 authorization required by this act, as prohibited by section 3(a), may, as an alternative to the
551 criminal sanctions provided by subsection (a) of this section, be subject to a civil fine of $10,000
552 for a first offense.
553“(3) For every subsequent infraction set forth in paragraph (1) or (2) of this
554 subsection that occurs within a year of a previous infraction, the fine shall be doubled.
555“(4) Fines provided for under this subsection shall be imposed and adjudicated
556 pursuant to the Civil Infractions Act.”.
557(3) Subsection (b) is amended to read as follows:
558“(b)(1) The Mayor may impose civil fines for any other violation of this act, or any rule
559 issued pursuant to this act, pursuant to the Department of Consumer and Regulatory Affairs Civil
560 Infractions Act of 1985, effective October 5, 1985 (D.C. Law 6-42; D.C. Official Code § 2-
561 1801.01 et seq.).
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562“(2) The adjudication of such fines shall be pursuant to the Civil Infractions Act.”.
563(4) Subsection (d) is amended to read as follows:
564“(d)(1) A person who (A) is vending without a valid license, permit, or other required
565 authorization, as prohibited by section 3(a); (B) is vending from a location from which the
566 vendor is not authorized to vend, as prohibited by section 3(a); (C) fails to display a vending
567 license, as prohibited by section 3(f); or (D) fails to produce a vending license or other required
568 authorization upon the request of a civil enforcement officer, as prohibited by section 3(g), shall
569 identify himself or herself at the direction of a civil enforcement officer by giving his or her legal
570 name and current address.
571“(2) If the person refuses to provide his or her legal name and current address, or
572 if the civil enforcement officer has reason to believe that the person is providing an incorrect
573 name or address, the civil enforcement officer may request that the person provide reasonable
574 identification. Upon the request of the civil enforcement officer, the person shall produce
575 reasonable identification.
576“(3) For the purposes of this subsection, the term:
577“(A) “Civil enforcement officer” means a person, other than a law
578 enforcement officer, who is authorized to enforce the provisions of this act.
579“(B) “Reasonable identification” means a government-issued
580 identification card that includes a person’s legal name, current address, and picture.
581“(4) This subsection shall not be construed to limit the authority of a law
582 enforcement officer to enforce this act pursuant to the provisions of this act or any other law or
583 authority.”
584(5) Subsection (e) is amended as follows:
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585(A) The existing text is designated as paragraph (1).
586(B) A new paragraph (2) is added to read as follows:
587“(2) The Mayor may amend the fines set forth in this section by rule.”.
588(l) Section 9a (D.C. Official Code § 37-131.08a) is amended as follows:
589(1) Subsection (a) is amended as follows:
590(A) Paragraph (1) is amended to read as follows:
591“(1) Establish sidewalk vending locations, pursuant to an approved vending site
592 plan submitted by a sidewalk vending zone manager, provided that no such sidewalk vending
593 location shall be in a location prohibited by section 5a(a);”
594(B) Paragraph (3) is amended by:
595(i) Striking the phrase “basic business license” and inserting the
596 phrase “sidewalk vending license” in its place; and
597(ii) Striking the phrase “; and” and inserting a semicolon in its
598 place.
599(C) Paragraph (4) is amended to read as follows:
600“(4) Require all sidewalk vendors to vend from a stand, table, or vending cart that
601 is able to be moved by hand; and
602(D) A new paragraph (5) is added to read as follows:
603“(5) Prohibit the use of motors and open flames at the vending locations;”.
604(2) Subsection (c) is amended as follows:
605(A) Paragraph (1) is amended by striking the phrase “sidewalk vending
606 zone manager” and inserting the phrase “sidewalk vending zone manager or the Mayor” in its
607 place.
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608(B) Paragraph (3) is amended by striking the phrase “shall contract with a
609 non-profit organization” and inserting the phrase “may contract with a private organization” in
610 its place.
611(3) Subsection (d) is amended as follows:
612(A) Paragraph (1) is amended as follows:
613(i) Subparagraph (A) is amended to read as follows:
614“(A) Submit to the Department of Licensing and Consumer Protection a
615 vending site plan, which shall include vending cart and vending table design standards.
616(ii) A new subparagraph (A-i) is added to read as follows:
617“(A-i) Enforce the vending site plan, including by reviewing and
618 approving vendors’ vending cart and vending table specifications and designs in accordance with
619 the approved vending site plan:”
620(iii) Subparagraph (G) is amended by striking the phrase “; and”
621 and inserting a semicolon in its place.
622(iv) Subparagraph (H) is amended by striking the period at the end
623 and inserting the phrase “; and” in its place.
624(v) A new subparagraph (I) is added to read as follows:
625“(I) Obtain a public market manager’s license from the Department of
626 Licensing and Consumer Protection.”.
627(B) Paragraph (3)(A) is amended by striking the phrase “business address”
628 and inserting the phrase “business address, and home address, if different from the business
629 address,” in its place.
630(m) Section 9c (D.C. Official Code § 37-131.08c) is amended as follows:
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631(1) Subsection (c) is amended to read as follows:
632“(c)(1) A person may participate in the amnesty program by filing an application for
633 amnesty with the Mayor.
634“(2) The Mayor shall establish by rule, the requirements for applying for and
635 being approved to participate in the amnesty program.”.
636(2) A new subsection (d-1) is added to read as follows:
637“(d-1) At the request of the Mayor, the Chief Financial Officer shall send a notice by
638 electronic means to all mobile vendors and sidewalk vendors registered with the Office of Tax
639 and Revenue advising the vendors of the existence of the amnesty program.”.
640(n) Section 10 (D.C. Official Code § 37-131.09) is repealed.
641(o) A new section 10a is added to read as follows:
642“Sec. 10a. Grantmaking authority.
643“The Mayor may issue grants pursuant to the Grant Administration Act of 2013, effective
644 December 24, 2013 (D.C. Law 20-61; D.C. Official Code § 1-328.11 et seq.), to assist applicants
645 in obtaining a sidewalk vending license, mobile vending license, or other required authorization,
646 purchasing vending-related equipment and supplies, including carts and trucks, and successfully
647 operating as mobile or sidewalk vendor.”.
648(p) Section 11 (D.C. Official Code § 37-131.10) is amended by striking the phrase “by
649 the Mayor. The proposed rules shall be submitted to the Council for a 60-day period of review,
650 excluding weekends, holidays, and days of council recess. If the Council does not approve or
651 disapprove the proposed rules, by resolution, within the 60-day review period, the proposed rules
652 shall be deemed disapproved.” and inserting the phrase “by the Mayor.” in its place.
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653Sec. 4. Section 4935(3)(C) of the Department of Health Functions Clarification Act of
654 2001, effective October 3, 2001 (D.C. Law 21-428; D.C. Official Code § 7-742.11(3)(C)), is
655 amended by striking the phrase “Department of Licensing and Consumer Protection” and
656 inserting the phrase “Department of Buildings” in its place.
657Sec. 5. Fiscal impact statement.
658The Council adopts the fiscal impact statement in the committee report as the fiscal
659 impact statement requirement by section 4a of the General Legislative Procedures Act of 1975,
660 approved October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a).
661Sec. 6. Effective date.
662This act shall take effect following approval by the Mayor (of in the event of veto by the
663 Mayor, action by the Council to override the veto), a 30-day period of congressional review as
664 provided in Section 602(c)(1) of the District of Columbia Home Rule Act, approved December
665 24, 1973 (87 Stat. 813; D.C. Official Code § 1-206.602(c)(1), and publication in the District of
666 Columbia Register.
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                   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
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