3313. VENDING BUSINESS LICENSE INFRACTIONS

3313 VENDING BUSINESS LICENSE INFRACTIONS 3313.1 Violation of any of the following provisions shall be a Class 1 infraction: (a) 24 DCMR § 502.1 (failure to have and maintain general license requirements); (b) 24 DCMR §§ 503.3(f), (g), (h), and (i) (selling alcohol, drugs, controlled substances, or drug paraphernalia); (c) 24 DCMR § 507.1 (suspension or revocation of license for the enumerated violations); (d) 24 DCMR § 512.1 (suspension or revocation of vending site permit for the enumerated violations); (e) 24 DCMR § 516 (suspension or revocation of Mobile Roadway vending site permit for the enumerated violations); (f) [RESERVED]; (g) 24 DCMR § 535.1(a) (vending in a legal parking space that meets the requirements of § 535.2); (h) 24 DCMR § 541.1 (vending from an unauthorized public market); (i) 24 DCMR § 541.2 (managing a public market without a Class C vending business license); (j) 24 DCMR § 551.2 (vending after the expiration of a vending business license, vending site permit, or any other required license, permit, certificate or authorization); and (k) 24 DCMR § 562.3 (alteration, mutilation, forgery, or illegal display of any license, permit, or certificate of authority). 3313.2 Violation of any of the following provisions shall be a Class 2 infraction: 24 DCMR §§ 503.3 (a), (j), (k), and (l) (selling animals, offensive merchandise, or counterfeit merchandise); 24 DCMR § 508.4 (vending at unauthorized vending location); 24 DCMR § 517.1 (vending without a health inspection certificate issued by the Department of Health); 24 DCMR § 521.1 (vending without a Department of Health-issued food protection manager certificate or food protection manager identification card); 24 DCMR § 522.1 (vending without a propane or open flame permit issued by the Fire and Emergency Medical Services Department); 24 DCMR § 523.1 (vending without a hood suppression system approved by the Fire and Emergency Medical Services Department); 24 DCMR § 527.1 (vending at unauthorized vending locations in the Old Georgetown vending zone); 24 DCMR § 533.7 (mobile vending within 200 feet of designated MRV location); 24 DCMR § 534.6 (vending in designated MRV location beyond the authorized hours of operation); 24 DCMR § 538.5 (transfer of sidewalk vending lottery registration or sidewalk vending location assignment); 24 DCMR § 539.9 (transfer of roadway vending lottery registration or roadway vending location assignment); 24 DCMR § 540 (mobile vending in an unassigned designated MRV location); 24 DCMR § 540.5 (transfer of designated MRV location permit assignments, without approval); 24 DCMR § 538.1 (vending in unassigned vending location); 24 DCMR § 543 (failure to adhere to ice cream roadway vendors operational standards) 24 DCMR § 556.1 (vending without fire extinguisher); 24 DCMR § 556.2 (failure to adhere to propane operating standards); 24 DCMR § 562.6 (failure to provide license, permits, or certificates to authorized District government representative); 24 DCMR §§ 562.4 and 562.5 (vending license, permits, or certificates placed on an unauthorized vending vehicle, cart, or stand); 24 DCMR § 563.1 (failure of vending vehicle or cart to be registered and displaying current tags); 24 DCMR § 571.2 (failure of vendor vending at licensed special event to comply with business registration and license requirements); 24 DCMR § 573 (unauthorized soliciting); 24 DCMR § 573.6 (buying or selling tickets in an area not designated for that purpose); and 24 DCMR § 574 (vending depot operating requirements). 3313.3 Violation of any of the following provisions shall be a Class 3 infraction: 24 DCMR § 552.1 (vending beyond the authorized hours of operation); 24 DCMR § 557.1 (vending while creating a noise disturbance); and 24 DCMR §§ 564.1, 564.3, 564.4, and 564.7 (failure to adhere to vendor employee operating requirements). Violation of any of the following provisions shall be a Class 5 infraction: 24 DCMR § 503.2 (vending items not authorized under the vending business license class); 24 DCMR § 525.1(d) (vending at unauthorized locations in the central vending zone); 24 DCMR § 525.1(e) (vending at unauthorized locations outside the central vending zone); 24 DCMR § 525.1(f) (vending at unauthorized vending locations); 24 DCMR §§ 535.1(a-1) (failure to clearly display an MRV Site Permit); § 535.1(b) (failure to pay all parking meter fees), and § 535.1(c) (failure to obey all posted time restrictions); 24 DCMR § 545 (failure to adhere to vending cart design standards); 24 DCMR § 546 (failure to adhere to vending vehicle design standards); 24 DCMR § 547 (failure to adhere to vending stand design standards); 24 DCMR § 548 (failure to adhere to food vending cart or vehicle design standards); [RESERVED]; 24 DCMR § 551.3 (vending while violating traffic or parking restrictions); 24 DCMR §§ 553.2, 553.3, and 553.4 (placement of vending vehicles, carts, or stands); 24 DCMR § 554 (placement of equipment and related items); 24 DCMR § 562.1 (failure to conspicuously display all vending-related licenses, permits, and other certificates); 24 DCMR § 565.1 (vending while failing to maintain vending location free from litter); 24 DCMR §§, 561, 562, and 563 (failure to adhere to other operating standards); 24 DCMR § 567 (purchase or receipt of stock in public space) 24 DCMR § 569.1 (failure to provide updated information); 24 DCMR § 572 (failure to adhere to street photography operating standards); and Any provision of the vending business license regulations promulgated pursuant to the Vending Regulation Act of 2009, effective October 22, 2009 (D.C. Law 18-71; 56 DCR 6619), which is not cited elsewhere in this section. SOURCE: Final Rulemaking published at 60 DCR 13055 (September 20, 2013); as amended by the Repeat Parking Violations Amendment Act of 2018, effective April 11, 2019 (D.C. Law 22-0298; 66 DCR 2017 (February 15, 2019)). District of Columbia Municipal Regulations Consumers, Commercial Practices, and Civil Infractions 16 DCMR § 3313