The DCRA Director may establish Vending Development Zones (VDZ) to promote new and innovative vending practices designed to achieve the following objectives:

1. (a) For communities to utilize vending and public markets to create unique and attractive destinations and increase foot traffic in commercial corridors;
2. (b) For communities to have expanded capability to manage vending and public markets in unique high-density hospitality zones;
3. (c) Provide opportunities for vendors to expand their creativity and entrepreneurship in both their products and their carts, stands, or vehicles;
4. (d) Expand vending and public market opportunities for small and local businesses;
5. (e) Improve the safety, appearance, and use of public space;
6. (f) Allow for greater expansion of the creative economy through the addition of entertainment and artistic business ventures in public space;
7. (g) Attract retail to emerging corridors by bringing new retail energy to neighborhoods; and
8. (h) Strengthen the retail base and create opportunities for vibrant retail streets and corridors and ensure shoppers have a greater selection of products and services.

Notwithstanding other provisions of this chapter and of Chapter 13 of Title 19 of the DCMR, the DCRA Director shall allow a VDZ greater flexibility in complying with regulations governing the:

1. (a) Location of vendors in public space, provided, that no category of Vending Business License is specifically excluded;
2. (b) Method for assigning Vending Locations, including the exclusion of any roadway vending vehicle that is not expressly included by Vending Site Permit in the VDZ;
3. (c) Design standards for vending vehicles, vending carts, roadway vending vehicles, and vending stands;
4. (d) Hours of operation;
5. (e) Length of time for which a Vending Site Permit shall be issued; and

(f) Special performance and entertainment requirements of Chapter 13 of Title 19 of the DCMR.

570.3 The DCRA Director may establish a VDZ upon the approval of an application submitted by a business association, community organization, Advisory Neighborhood Commissions (ANCs), Business Improvement Districts (BIDs), or District government agency.

570.4 The DCRA Director shall administer the process for reviewing applications in consultation with the following Coordinating Agencies:

1. (a) Department of Small and Local Business Development;
2. (b) Department of Health;
3. (c) District Department of Transportation; and
4. (d) Office of Planning.

570.5 A VDZ application shall be reviewed in a two (2)-part process:

(a) The applicant shall submit five (5) hard copies or one (1) electronic copy of a pre-application to the DCRA Director who shall forward a copy to each Coordinating Agency. The pre-application shall include the following information:

1. (1) The applicant's mission, bylaws, process for electing officers, and public meeting requirements where applicable or, in the case of a Coordinating Agency, its mission and responsibilities;
2. (2) The purpose and intent of establishing a VDZ, including aspects of placemaking and creative economy planning;
3. (3) A map delineating the proposed boundaries of the VDZ and all current Vending Locations; and
4. (4) Where applicable, any partner organizations collaborating on the application.

(b) Upon verification of the items required by paragraph (a), the DCRA Director shall approve the pre-application. Within ninety (90) calendar days of notification from the DCRA Director of pre-application approval, the applicant shall, in consultation with the Coordinating Agencies, prepare and submit five (5) hard copies or one (1) electronic copy of a VDZ application to the DCRA Director. The application shall demonstrate how the purpose and intent of

the proposed VDZ will be realized and include the following:

(1) A description of the proposed innovative vending strategy or expanded management opportunity;

(2) A map showing proposed vending and public market locations;

(3) An implementation plan that may include, but is not limited to:

(A) Financial assistance, equipment assistance, storage assistance, technical advice, or business planning support for existing and potential new vendors;

(B) Marketing strategy for placemaking, coordinated design, semi-permanent fixtures, entertainment, or creative economy programming;

(C) Partnership opportunities; and

(D) Diversity of products or services offered;

(4) A plan for coordinating with existing vendors and businesses located within the proposed VDZ; and

(5) Any other information that the DCRA Director requires.

570.6

The DCRA Director and coordinating agencies shall review VDZ applications to identify any issues that the applicant must resolve prior to further processing of the application. Additionally:

(a) The DCRA Director shall forward each VDZ application to the Coordinating Agencies for evaluation based upon:

(1) Compliance with objectives defined in § 570.1; and

(2) The ability of the applicant to achieve the proposed innovative vending strategy;

(b) Each Coordinating Agency shall review the application concurrently within forty-five (45) days and forward any issues to the DCRA Director;

(c) The DCRA Director shall notify the applicant in writing or electronically of any issues identified by a Coordinating Agency and the applicant shall work with the Coordinating Agencies to address all issues within thirty (30) days of receiving written or electronic notification. The Coordinating Agencies shall notify the Director when all issues have been resolved; and

(d) The Director may deny an application if the applicant is unable to resolve any issues identified by the Coordinating Agencies within the forty-five (45-) day time period set forth in Subsection (b), but extend the forty-five (45-) day period for good cause.

570.7 Within forty-five (45) days of receiving favorable reports from all coordinating agencies, DCRA shall publish notice of the proposed vending development zone in the District of Columbia Register. Within forty-five (45) days of publication of notice in the D.C. Register, DCRA shall hold a public hearing to solicit public comments on the VDZ application. The DCRA Director shall publish notice of the hearing in the District of Columbia Register, give notice of the hearing to the affected Advisory Neighborhood Commission, and post copies of the application on the DCRA website at least fifteen (15) calendar days before the hearing.

570.8 Within forty-five (45) days after the public hearing, the DCRA Director shall either approve or deny the VDZ application based upon the information in the VDZ application and the findings from the public hearing.

570.9 The DCRA Director shall assist in the implementation of the VDZ vending strategy. Vending Business Licenses and Vending Site Permits shall be issued consistent with the approved VDZ application. Pursuant to the VDZ vending strategy, the DCRA Director shall manage the site delegation and distribution of Vendor Locations to vendor site applicants.

570.10 The DCRA Director may require the VDZ applicant or vendors in a VDZ to provide information or reports that are needed to assess long-term benefits or disadvantages of the innovative vending practices.

570.11 The Director may suspend or revoke a vendor's Vending Business License or Vending Site Permit if the vendor fails to comply with the VDZ vending strategy.

570.12 The Director shall discontinue a VDZ if:

(a) The VDZ vending strategy fails to achieve the purpose and intent of the VDZ; or

(b) The Director determines that it is not in the best interest of the public to continue the VDZ, based on such factors as:

(1) Poor management of the VDZ;

(2) Unsafe conditions resulting from the VDZ; and

(3) Failure to follow or maintain the vending plan contained in the VDZ application.

570.13 Before the DCRA Director discontinues a VDZ, the DCRA Director shall provide written notice to the businesses, organizations, or agencies administering the VDZ of the intent to discontinue the VDZ and the reasons for the discontinuance.

570.14 Within forty-five (45) days of receiving the written notice from the DCRA Director, the businesses, organizations, or agencies administering the VDZ shall cure the identified reasons for the discontinuance of the VDZ. The DCRA Director, at his or her discretion, may extend the forty-five (45) day period for good cause.

SOURCE: Final Rulemaking published at 60 DCR 13055 (September 20, 2013).