Retail District Management Regulatory Reform Act of 2001
Bill 14-281

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A BILL IN THE COUNCIL OF THE DISTRICT OF COLUMBIA

BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this act may be cited as the "Retail District Management Regulatory Reform Act of 2001."

Sec. 2. Findings and purpose.

(a) The Council finds that:

(1) Public space management in commercial areas in the District is currently administered through a maze of antiquated, cumbersome, and inflexible regulations under the control of a variety of separate District agencies and boards;

(2) Promoting a vibrant and exciting streetscape in commercial areas in the District under current regulations is excessively difficult and burdensome;

(3) Coordinated and managed street furniture, street lighting, banners, vending equipment, and vending stands helps to unify and improve the appearance of a retail district and can give greater definition to the unique character of streets in our nation's capital;

(4) High-quality vending will help establish an image and an identity for a commercial area, and to accomplish this

(A) Vending businesses should be creatively designed, clean, attractive, and well maintained;

(B) Vending locations should be integrated into an overall program of public space design and management;

(C) The number of vending locations on a block should not be limited arbitrarily.

(5) Retail District Enhancement Zones, in which the public space can be managed in a comprehensive and coordinated manner, would enhance the appearance of the areas covered by such zones, improve the experience of working and shopping there, and thus promote economic growth and employment in the District.

(b) The purposes of this act are

(1) to provide for the comprehensive management of the sidewalk space and commercial streets in designated commercial areas;

(2) to promote vibrant, lively, and economically healthy commercial areas in the District;

(3) to protect the public health and safety;

(4) to protect vending businesses and fixed-site retailers from unfair competition;

(5) to cultivate an appropriate mix of vendors; and

(6) to improve the aesthetics and highlight the special nature of streets in the commercial areas of the Nation's Capital by encouraging the installation of coordinated street furniture and public amenities, as well as public art, on the sidewalks of designated retail districts.

For purposes of this act, the term:

(1) "BID" means a Business Improvement District that has been established pursuant to Subchapter VI of Chapter 22 of Title I of the District of Columbia Code.

(2) "CDC" means a community-based and community-controlled nonprofit corporation organized under Chapter 5 of Title 29 of the D.C. Code, to carry out certain public purposes and with articles of incorporation and bylaws that are consistent with rules and regulations issued by the Mayor pursuant to D.C. Code § 1-2219.

(3) "Commercial area" shall include any area within the Central Employment Area, as defined in 10 DCMR § 199.1, or any Local Neighborhood Commercial Center, as defined in 10 DCMR § 199.1, or other geographic areas in the District in which the preponderance of activity carried out by property owners is of a commercial or industrial nature.

(4) "District" means the District of Columbia.

(5) "Display Kiosk" means a fixture intended for use by an adjacent retailer to display merchandise offered for sale by the retailer.

(6) "Information Kiosk" means a staffed or non-staffed permanent fixture intended for use by the public to post and circulate announcements, flyers, maps, political tracts, and other print material of general interest to the public.

(7) "Mayor" means Mayor of the District of Columbia, or his designee assigned by him.

(8) "Micro-enterprise development fund" means a fund established for the purpose described in section 105(g)(1) of this act.

(9) "Modular news rack" means a single self-service mechanical vending machine that is designed to dispense several different printed publications from individual compartments.

(10) "News rack" means a single self-service mechanical vending machine that is designed to dispense one printed publications from a single compartment.

(11) "News rack corrals" means a physical structure designed to contain the number of freestanding news racks that can be placed in a single location.

(12) "News rack covers" means a physical structure designed to cover two or more standard sized free standing news racks.

(13) "Newsstand" means any building, stand, booth, kiosk, or other structure located in or upon the public rights of way, and from which an attendant displays, sells, or distributes newspapers or other publications.

(14) "Public art' 'means any temporary or permanent work of art, installed upon or visible from the public right of way, and intended for view by the general public including sculptures, murals, mosaics, bas-reliefs, frescoes, tapestries, monuments, fountains, environmental designs, and other visual art forms that are intended to enhance the aesthetic quality of a public building, park, street, or sidewalk or other public place with which they are physically or spatially connected. The term `public art' shall not include landscape design or the incidental ornamentation of functional structural elements or accessories unless designed by a visual-artist as part of an artwork design authorized by the commission.

(15) "Publication distribution boxes" means all newsstands, modular newsracks, news racks, and news rack corrals.

(16) "Publication distribution business" means a business engaged in the sale and/or distribution to the general public of printed material in the District.

(17) "Sandwich Board sign" means a sign made of two rigid panels, not to exceed 3 feet in width and 4 feet in height, hinged at the top, and placed in the public right of way immediately adjacent to a bonafide business, and advertising goods or services available at that business.

(18) "Roving vendor" means a vendor who operates a pushcart.

(19) "Seasonal vending" means vending from public space for a period of not more than 90 consecutive days.

(20) "Sponsor" means a CDC or BID that submits a Retail District Enhancement Zone Application under section 101 of this act.

(21) "Street furniture" means any fixed or movable element that is reasonably found on a sidewalk that enhances the pedestrian environment including but not limited to benches, trash cans, signs, tables, chairs, umbrellas, clocks, fountains, kiosks, flower and tree boxes and pots, bike racks, sculpture, art, heaters, rope and stanchion, fences, recycling cans, bus shelters, and bollards.

(22) "Temporary vending" means vending from public space for a period of not more than 5 consecutive days.

(23) "Vending business" means the sale from public space in the District of food, beverages, and merchandise from stands, kiosks, carts, or vehicles. Such stands, kiosks, carts, and vehicles must be of a design as to be removable from public space within 24 hours. Food, beverages, and merchandise shall include: food and beverages prepared on site, produce, art, plants, novelties, beauty products, commercially prepackaged foods and beverages; and shall not include, live animals, power tools, household appliances, furniture, alcoholic beverages, and drug paraphernalia.

(24) "Vending stand" means a stationary device which is used by a vendor to display or store merchandise or food offered for sale.

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TITLE 1. RETAIL DISTRICT ENHANCEMENT ZONES.

(a) The Mayor may establish by order a Retail District Enhancement Zone in any commercial area of the District.

(b) The Mayor may exercise the authority provided in subsection (a) of this section only pursuant to a Retail District Enhancement Zone Application made by a BID, CDC, or non-profit corporation.

(1) A BID or CDC may submit a Retail District Enhancement Zone Application only if the area specified in the application is entirely within the area of the organization's principal operations as authorized under the laws of the District. A nonprofit corporation may submit a Retail District Enhancement Zone Application only if it operates in the area specified in its application and that area contains some or all of the public streets within the area bounded by the centerline of Constitution Avenue on the North, the east side of Third street NW on the east, the south side of Independence Avenue on the south and the west side of 17' street NW on the west, as well as 15d' Street NW between Constitution Avenue and Pennsylvania Avenue.

(2) A BID, CDC or non-profit corporation that is eligible to submit a Retail District Enhancement Zone Application may enter into an agreement to submit jointly a single application to manage areas within each of the organization's areas.

(3) A Retail District Enhancement Zone Application shall specify the name of the BID, CDC, or non-profit corporation (or combination of such organizations) making the application, and the boundaries of the proposed Retail District Enhancement Zone, and shall include a Retail District Zone Plan that meets the requirements of section 102 of this act.

(A) If a Sidewalk Cafe Plan is included as part of the Retail District Enhancement Zone Plan pursuant to section 201 this act, such plan also shall meet the requirements of section 201 (b) of this act.

(B) If a Publication Vending Plan is included as part of the Retail District Enhancement Zone Plan pursuant to section 202 of this act, such plan also shall meet the requirements of section 202(b) of this act.

(C) If a Street Furniture and Public Art Plan is included as part of the Retail District Enhancement Zone Plan pursuant to section 203 of this act, such plan also shall meet the requirements of section 203(b) of this act.

(D) If a Public Banner Plan is included as part of the Retail District Enhancement Zone Plan pursuant to section 204 of this act, such plan also shall meet the requirements of section 204(b) of this act.

(E) If a Retail Signage Plan is included as part of the Retail District Enhancement Zone Plan pursuant to section 205 of this act, such plan also shall caret the requirements of section 205(b) of this act.

(F) If an Information and Display Kiosk Plan is included as part of the Retail District Enhancement Zone Plan pursuant to section 206 of this act, such plan also shall meet the requirements of section 206(b) of this act.

(c) The authority provided to the Mayor and the sponsor under this act shall be construed as a delegation of the Council's authority to establish regulations pursuant to D.C. Code § 1-315. The Mayor may designate the Deputy Mayor for Economic Development to perform the functions prescribed by this act.

(d) Except as otherwise expressly provided, the provisions of the District of Columbia Administrative Procedure Act shall not apply to any action taken pursuant to this act.

(a) The Retail District Zone Plan submitted as part of the Retail District Enhancement Zone Application under section 101 of this act shall include --

(1) A description of the goals and objectives of the Retail District Enhancement Zone Plan;

(2) A detailed annual budget for the administration of the Retail District Zone Plan for each of the first three years;

(3) The qualifications of the sponsor to administer the Retail District Enhancement Zone Plan; and

(4) Detailed rules for the administration of the Retail District Enhancement Zone Plan, including rules addressing the establishment, distribution and administration of the permits and compliance certificates required to conduct a vending business in the public spaces and the public streets within the Retail District Enhancement Zone. Such rules shall provide --

(A) The permissible locations, or guidelines for making location determinations, for vending businesses in the Retail District Enhancement Zone (including through the use of maps).

(i) The rules shall ensure that the Plan does not result in a net loss in the total number of occupied vending locations in the Retail District Enhancement Zone from the number of such locations in existence on the date of the introduction of this act or, for any application submitted after three years from the effective date of this act, on the date of the submission of the application. The number of vending locations in existence on this date shall be determined by the Mayor, and shall be the number of vending locations actively in use at that time.

(ii) The rules may not exempt any property from having vending locations on the public sidewalks surrounding the property, if the location meets the criteria in the Retail District Enhancement Zone Plan for establishing vending locations.

(B) The type of the vending businesses that will be permitted in various locations, or guidelines for making those determinations;

(C) Requirements related to the physical appearance of vending businesses (which may vary depending upon the location and the type of the business permitted), or guidelines for establishing those requirements;

(D) Criteria for selecting among applicants for a particular vending location. The rules shall require the sponsor of the Retail District Enhancement Zone Application to keep a list of the name and address of any person who notifies the sponsor in writing of their interest in conducting a vending business within the Retail District Enhancement Zone, and shall require the sponsor to mail notice to the persons on this list at the address provided by such person at least 60 days prior to the date that any compliance certificate (other than a renewal) is issued for a particular location;

(E) A mechanism for granting a preference for providing vending business opportunities within the Retail District Enhancement Zone to those individuals who actively operate a vending business within such area on the date specified in paragraph (b)(1) of this section;

(F) A mechanism for granting a preference for providing new vending business opportunities on public space within the Retail District Enhancement Zone to those individuals who are residents of the District of Columbia;

(G) A mechanism to address requests by abutting properties owners to use adjacent public spaces consistent with the Retail District Enhancement Zone Plan;

(H) A mechanism to resolve disputes between competing uses of public space. 

(I) Enforcement and appeal procedures (in accordance with section 107 of this act). 

(J) The initial fees for the permits, payments in lieu of taxes, and public space rental, that will be available under the plan, or guidelines for establishing those fees (in accordance with section 104(c) of this act); and

(b) A Retail District Enhancement Zone Plan may include any, all, or none of the following:

(1) A Sidewalk Cafe Plan pursuant to section 201 of this act;

(2) A Publication Vending Plan pursuant to section 202 of this act;

(3) A Street Furniture and Public Art Plan pursuant to section 203 of this act. 

(4) A Public Banner Plan pursuant to section 204 of this act;

(5) A Retail Signage Plan pursuant to section 205 of this act; and

(6) An Information and Display Kiosk Plan pursuant to section 206 of this act. 

Sec. 103. Public review of Retail District Enhancement Zone application.

(a) The Mayor shall have 15 days (excluding Saturdays, Sundays, and holidays) from the date of the filing of a Retail District Enhancement Zone Application to conduct a preliminary review of the application to determine if the filing criteria set forth in section 101 of this act have been met. If the Mayor fails to make a determination whether or not the Retail District Enhancement Zone Application meets the criteria set forth in section 101 within 15 days (excluding Saturdays, Sundays, and holidays), this inaction shall constitute an affirmative preliminary determination that the Retail District. Enhancement Zone Application requirements have been met and the Mayor shall schedule, notify, and hold the required public hearing pursuant to subsection (d) of this section.

(b) If the Mayor determines that any of the requirements set forth in section 101 have not been met, the Mayor shall specify the particular items that need to be corrected and notify the sponsor that the application can be corrected and resubmitted within 30 days from the date of this notification. If a corrected Retail District Enhancement Zone Application is not submitted within this 30-day period, the Mayor shall eater an order rejecting the application. 

(c) If the Mayor affirmatively determines that the Retail District Enhancement Zone Application requirements have been met, the Mayor shall issue a notice of preliminary finding to the Council and the sponsor.

(d) The Mayor shall hold a public hearing within 45 days of the issuance of a notice of preliminary finding under subsection (c) of this section, or if applicable within 45 days after the period of inaction specified by subsection (a) of this section.

(1) Notice to the public shall be made no less than 21 days prior to the hearing.

(2) The Mayor shall advertise the notice of the public hearing along with the notice of preliminary finding in the District of Columbia Register.

(3) The Retail District Enhancement Zone Application shall be made available to the public for review during normal business hours on weekdays in at least one location designated by the sponsor in the proposed Retail District Enhancement Zone, and at a generally accessible District government office designated by the Mayor. The notice of the public hearing described in paragraph (d)(2) of this section shall describe these locations.

(e) The Mayor shall use the public hearing on the proposed Retail District Enhancement Zone to determine whether adoption of the Retail District Enhancement Zone Application is within the public interest. In determining whether adoption of the Retail District Enhancement Zone Application is within the public interest, the Mayor shall consider whether:

(1) Adoption of the Retail District Enhancement Zone Plan would further the purposes of this act;

(2) The Retail District Enhancement Zone Plan meets the requirements specified in section 102 of this act, and, where applicable, the requirements specified in sections 201(b), 202(b), 203(b), 204(b), 205(b), and 206(b) of this act;

(3) The sponsor of the Retail District Enhancement Zone Application has the institutional capacity to handle the administration and enforcement of the Retail District Enhancement Zone Plan;

(4) The budget provided in the Retail District Enhancement Zone Plan is sufficient to address the administration and enforcement of the Retail District Enhancement Zone Plan; and

(5) The initial fees described in the Retail District Enhancement Zone Plan are reasonable in light of the commercial potential of the activity;

(6) The affected vending community was provided with the opportunity to provide comments to the sponsor on the draft plan prior to its submission to the Mayor.

(f) Within 30 days after the public hearing (excluding Saturdays, Sundays, and holidays) the Mayor shall either approve or reject the Retail District Enhancement Zone Application based upon the Mayor's determination of whether the adoption of the Retail District Enhancement Zone Application is within the public interest urn subsection (e) of this section. If the Mayor rejects the Retail District Enhancement Zone Application under the preceding sentence, the Mayor shall specify the deficiencies in the Retail District Enhancement Zone Application and notify the sponsor that it has 45 days from the date of this notification within which to correct these deficiencies. If a revised Retail District Enhancement Zone application is submitted within this 45day period, the Mayor shall have 20 days (excluding Saturdays, Sundays, and holidays) to approve or reject the revised Retail District Enhancement Zone Application, based on the Mayor's determination of whether the adoption of the Retail District Enhancement Zone is within the public interest under subsection (e) of this section.

Sec. 104. Establishment of Retail District Enhancement Zone. 

(a) The Mayor, within 60 days of the approval of the Retail District Enhancement Zone Application under section 103 of this act, shall by order:

(1) Establish the Retail District Enhancement Zone and list the sponsor the Retail District Enhancement Zone;

(2) Establish the rules contained within the Retail District Enhancement Zone Plan as regulations;

(3) List regulations of the District that are determined by the Mayor to be inconsistent with the order promulgated under paragraph (2) of this subsection and provide that those inconsistent regulations shill not be applicable in that Retail District Enhancement Zone. The order promulgated. pursuant to paragraphs (2) and (3) of this subsection shall not take effect with respect to any permit in existence at the time of the adoption of the plan for any use within the Retail District Enhancement Zone, until the expiration date of such permit or October 1, 2002, whichever is sooner.

(b) Upon establishment of the Retail District Enhancement Zone, the sponsor shall administer and enforce the regulations promulgated pursuant to subsection (a)(2) of this section, and, if agreed by the Mayor and the sponsor, any other regulations that remain applicable to the vending businesses in the Retail District Enhancement Zone under Title 24 of the District of Columbia Code of Municipal Regulations. Such administration and enforcement shall be through the issuance, management, and notifications with respect to compliance certificates pursuant to section 106 of this act. The provisions of Chapter 11 of Title I of the District of Columbia Code, except for section 1-1130, shall not apply to this section.

(c) The Retail District Enhancement Zone Plan and the regulations promulgated pursuant to it under this section shall be valid for five years from the date of final approval of the plan. Upon the request of the sponsor, the plan may be renewed at the Mayor's discretion for additional five-year terms.

(a) The Mayor shall create and issue vending permits for vending businesses to operate within the Retail District Enhancement Zone. Where applicable, separate permits shall be issued respectively by the Mayor, for any sidewalk cafe, publication distribution business, street furniture, public art, and information and display kiosks. The Mayor shall only issue a permit for such area after receiving a valid vending plan compliance certificate issued by the sponsor. Based on the information provided in the compliance certificate, the Mayor shall determine whether a permit is temporary, seasonal, or annual.

(b) No vending business, sidewalk cafe, or publication distribution business that is subject to a Retail District Enhancement Zone Plan, shall operate within such Retail District Enhancement Zone without a valid and current permit issued by the Mayor pursuant to this section.

(c) The Mayor shall collect, prior to the issuance of such permit, all permit, payment in lieu of taxes, and annual space rental fees associated with the issuance of such permits as provided in the relevant compliance certificate.

(d) The District shall charge a permit fee for a vendor's permit that shall be: 

(1) $100 for a merchandise vending permit; 

(2) $150 for a food vendor permit; or 

(3) $250 for a roadway vending permit. The Mayor may adjust the permit fees on an annual basis.

(e) The District shall charge a payment in lieu of tax fee for a vendor's permit that shall be: 

(1) $100 for a temporary vending permit; 

(2) $500 for a seasonal vending permit that lasts 90 days; or 

(3) $1,500 for an annual vending permit. The Mayor may adjust the permit fee on an annual basis.

(f) The Mayor shall charge an annual public space rental fee for all public space that is occupied for a commercial purpose under this act except for elements subject to section 202 of this act. The fee for the use of public space for a commercial purpose shall be listed on the compliance certificate and shall be: 

(1) $20 per square foot of occupied space; or 

(2) The amount specified pursuant to the Retail District Enhancement Zone Plan if the sponsor has assigned varying public space rental fees based on market values of different locations, and has listed the method for determining differing values in such Retail District Enhancement Zone Plan.

(g) The Mayor shall transfer to the sponsor no less than 50 percent of the amount of fees that are collected pursuant to subsections (e) of this section in payment for the sponsor's administrative costs and management of the Retail District Enhancement Zone.

(h) The sponsor may establish a program to either directly purchase or lease, or assist a permitted vendor to purchase or lease, a new vending stand, kiosk, or pushcart that complies with the sponsor's Retail District Enhancement Zone Plan. If the sponsor establishes such a program:

(1) The Mayor shall transfer 100 percent of the fees collected pursuant to subsection (f) of this section to the sponsor for deposit into a microenterprise development fund managed by the sponsor solely to help defray the cost of new vending stands, kiosks, or pushcarts in the Retail District Enhancement Zone.

(2) The sponsor shall include a notification of participation in the program to the Mayor on the vendors' plan compliance certificate.

(3) The sponsor shall send a confirmation notification to the Mayor of all vendors who are participating in the program, on an annual basis.

(i) Determinations regarding the issuance, renewal, modification, and termination of a permit made by the Mayor under this section shall be subject to appeal and judicial review pursuant to section 110 of this act.

(j) Vendors shall maintain a copy of a current and valid permit at their vending location at all times and make such copy available for inspection to the sponsor or appropriate District government enforcement official upon request.

(a) The sponsor shall create and issue vending plan compliance certificates for vending businesses to operate within the Retail District Enhancement Zone. Where applicable, separate compliance certificates shall be issued respectively by the sponsor, for any sidewalk cafe, publication distribution business, street furniture, public art, and information and display kiosks.

(1) After the establishment of a Retail District Enhancement Zone, only the sponsor shall have authority to issue or renew a compliance certificate within the Retail District Enhancement Zone.

(2) The sponsor may issue seasonal plan compliance certificates in accordance with the Retail District Enhancement Zone Plan and the regulations adopted in accordance with this act.

(3) The sponsor may issue temporary plan compliance certificates for special events in accordance with the Retail District Enhancement Zone Plan and the regulations adopted in accordance with this-act.

(4) The sponsor may issue plan compliance certificates for vending on privately owned outdoor property that is adjacent to public space if the sponsor or the vendor has a valid lease or use agreement with the land owner, and the proposed vending business is in accordance with the Retail District Enhancement Zone Plan and the regulations adopted in accordance with this act.

(5) Except with respect to temporary or seasonal permits, plan compliance certificates shall be valid for one year. Plan compliance certificates may be renewed annually by the sponsor upon application of the permit holder. The sponsor shall notify the holder of the plan compliance certificate 90 days in advance of the end of the plan compliance certificate period if the sponsor does not intend to offer the vendor a renewal of the certificate, and shall state the reasons for the denial. A vendor may seek appeal and judicial review of actions taken pursuant to this section pursuant to section 110 of this act.

(b) Plan compliance certificates and permits within the Retail District Enhancement Zone shall be subject to the regulations established pursuant to this act, and other relevant statutes and regulations of the District of Columbia. Plan compliance certificates may be restricted by the sponsor in accordance with the regulations applicable to the Retail District Enhancement Zone. These restrictions may be more detailed and specific than the provisions of the regulations, and may address:

(1) The precise location where the vending business may operate;.

(2) The business activity permitted;

(3) The appearance of the vending operation; and

(4) Any other matter addressed in the regulations.

(c) Plan compliance certificates may be modified (including at the request of the holder of a certificate) by the sponsor with 30 days notice to the holder of the permit if

(1) There is a new proposed use of the public space by an abutting property proximate to the vending location specified in the plan compliance certificate;

(2) There is a new commercial use of private property proximate to the vending location specified in the plan compliance certificate;

(3) There is a change in the volume of pedestrian traffic proximate to the vending location specified in the plan compliance certificate;

(4) There is a public health or safety need for the change; or

(5) The sponsor determines that the modification is necessary to fulfill the purposes of this act, and must be made prior to the end of the permit period. Upon receiving notice by the sponsor of the modification of a plan compliance certificate, the Mayor shall within 5 business days issue a revised permit to the applicable vendor. Upon the issuance of such a revised permit, the original permit shall be null and void.

(d) The sponsor and a vendor or prospective vendor within the Retail District Enhancement Zone may enter into a contract concerning the issuance of a plan compliance certificate and related matters. Such contract may include terms that provide additional assurances for vendors based on obligations undertaken by the sponsor. The sponsor shall solely be liable for any damages arising from any breach in the assurances made in such a contract. The District shall not be liable for any damages arising under such a contract.

(e) Pursuant to the notification procedures described in section 108(b) of this act, a sponsor may revoke a plan compliance -certificate if the holder of the permit abandons a vending location or is not regularly conducting business at the appointed vending location during business hours, during weather conditions, or at times of the year, suitable for the business activities authorized in the permit for over 30 days. A vendor's plan compliance certificate may not be revoked if the vendor or immediate family member of the vendor requires medical treatment or the vendor has an unforeseen emergency. Upon written request by a vendor, the sponsor may grant a leave of absence to a vendor or substitution by another vendor for reasonable circumstances including, but not limited to sickness, vacation time, or any other reasonable circumstances. Upon receiving notice by the sponsor of the revocation of a plan compliance certificate, the Mayor shall within S business days revoke the permit of the vendor to whom that plan compliance certificate had been issued.

(f) Determinations regarding the issuance, renewal, modification, and termination of plan compliance certificates made by the sponsor under this section, including the selection process for determining permit holders, shall be subject to appeal and judicial review pursuant to section 110 of this act.

(g) Vendors shall maintain a copy of a current and valid compliance certificate at their vending location at all times and shall make such copy available for inspection to the sponsor or appropriate District government enforcement official upon request.

Sec. 107. Amendments to Retail District Enhancement Zone Plan and regulations.

(a) The sponsor may from time to time as the need may arise submit to the Mayor proposed modifications to the Retail District Enhancement Zone Plan and regulations, including for the addition or amendment of a Sidewalk Cafe Plan, Publication Vending Plan, Street Furniture and Public Art Plan, Public Banner Plan, Retail Signage Plan, or Information and Display Kiosk Plan. Proposed modifications to the vending plan must be approved by the vending committee before submission.

(b) The Mayor shall determine within 15 days of a submission under subsection (a) of this section whether the proposed modifications to the Retail District Enhancement Zone Plan and regulations are consistent with the goals and objectives of this act. If the Mayor determines that the proposed modifications of the Retail District Enhancement Zone Plan are consistent with these goals and objectives, the mayor shall approve the proposed modification, and shall publish the revised Retail District Enhancement Zone Plan and regulations in the District of Columbia Register. The revised regulations shall take effect as regulations 30 days after this date of publication.

(c) The sponsor shall provide any person with a vending permit in the Retail District Enhancement Zone with written notice 15 days prior to any submission under subsection (a) of this section. The notice shall be delivered by hand or by first class mail and shall contain a copy of the submission to be provided to the Mayor.

(d) The sponsor shall provide any person with a vending permit in the Retail District Enhancement Zone with written notice of any changes to the District of Columbia regulations that are specific to the Retail District Enhancement Zone within 15 days after the date the regulations are published in the District of Columbia Register. The notice shall be delivered by hand or by first class mail.

(a) Pursuant to DCMR 24.509.1, the Mayor shall have authority to enforce the regulations promulgated under this act.

(b) Pursuant to section 104(b) of this act, the sponsor shall have the authority to issue written notification to any vending business that such person is in violation of any provision in plan compliance certificates. Each written notification shall include:

(1) A description of the violation or infraction;

(2) A notice that the vendor has a reasonable amount of time to cure the violation or infraction not to exceed 30 days;

(3) A notice that the violator's plan compliance certificate shall be suspended by the sponsor for a period of time specified in such notice if the violation or infraction is not cured within the time specified pursuant to paragraph (2). ;

(4) A notice that the violator's plan compliance certificate shall be revoked if more than 12 written notifications are issued on 12 separate occasions within a twelve-month period, or if the vendor's plan compliance certificate is suspended more than two times within a twelve-month period.

(c) Upon receiving notice by the sponsor of the suspension or revocation of a plan compliance certificate pursuant to subsection (b) of this section, the Mayor shall, irrespective of any action to cure such violation, within 5 business days respectively suspend for four months or revoke the permit of the vendor to whom that plan compliance certificate had been issued.

(d) Determinations regarding the suspension or revocation of a permit under subsection (c) of this section shall be subject to appeal and judicial review pursuant to section 110 of this act.

(e) Any individual who has a permit revoked pursuant to this section may not reapply for a permit in such Retail District Enhancement Zone for a period of one year, and shall lose any preference to a future vending permit in the Retail District Enhancement Zone.

(f) Any person who operates a vending business in a Retail District Enhancement Zone without a valid permit shall be fined not more that 51,000 or imprisoned not more than 90 days, or both. In addition, upon conviction, such person shall pay to the District treasury an amount of money equal to the sum gained while operating the vending business in a Retail District Enhancement Zone without a valid permit. The sponsor shall immediately notify the Metropolitan Police of any suspected violation of thus subsection.

Sec. 109. Vending Committee.

(a) Any group that submits a plan pursuant to section 101 of this act shall create a Vending Committee. The Vending Committee will:

(1) Mediate disputes between vendors and other parties, including other vendors, retailers, other users of public space, and the sponsor, that arise from the implementation of an approved plan;

(2) Review and provide comments to the Mayor on any proposed changes to an approved plan; 

(3) Adjudicate appeals from vendors for citations for plan noncompliance.

(b) The Vending Committee shall be composed of an equal number of representatives from the sponsor, the District government, and vendors .operating vending businesses covered by this act, not to exceed a total of nine members and three alternate members.

(1) The sponsor shall appoint its committee members and alternates, and shall fill all vacancies of sponsor representatives on the committee.

(2) The Deputy Mayor for Planning and Economic Development shall appoint committee members and alternates representing the District and shall fill all vacancies of District representatives on the vending committee.

(3) Vendors shall elect their representatives to the vending committee at an election that is facilitated by the sponsor in accordance with this paragraph.

(A) The vendors currently operating vending businesses in a proposed Retail District Enhancement Zone at the time that the creation of a committee by a sponsor shall be allowed to both vote for, and run to be elected as, a vendor representative or alternate on the Vending Committee.

(B) The sponsor shall distribute, by hand, notices of intention to hold an election to each vendor operating in the proposed area at least 14 days prior to an election. The sponsor shall attempt to deliver notices on at least two separate occasions.

(C) The sponsor shall hold an election on a non-holiday weeknight.

(D) The sponsor shall provide a place within the proposed retail enhancement zone to hold the election, and shall provide a facilitator and process for candidates to place themselves in nomination.

(E) Any person who holds a valid vending license, who operates a vending business in the proposed Retail District Enhancement Zone, and who personally attends the election shall be eligible to cast a ballot. 

(F) The sponsor may provide an opportunity for absentee ballots to be cast by vendors who are not able to attend the election.

(G) Elections shall not be called for before 7:30 a.m. or after 8:30 p.m.

(H) There shall be no quorum requirements for the election process.

(4) Vendors who are elected to serve on the Vending Committee shall serve for a term of two years. Vacancies of vendors from the Vending Committee shall be filled by appointment of the remaining vendors for the remainder of the term.

(c) It is the responsibility of the sponsor to ensure that the Vending Committee is properly constituted.

(1) The Vending Committee shall be convened by the sponsor.

(2) Vending Committee meetings shall be held in accordance with this paragraph and other terms specified in applicable regulations promulgated as a result of the adoption of the plan.

(3) Meetings shall be held to adjudicate appeals pursuant to section 110 of this act within one month of the appeal being properly filed with the sponsor.

(4) The members of the committee will receive notice of a meeting at least 10 days prior to a meeting. Less than 10 days notice can be given to hold a meeting if the number of members equal to the full membership not including the number of alternates indicate their ability to attend the meeting.

(5) A quorum to hear an appeal is a majority of the members excluding alternates.

Sec. 110. Appeals and review. 

(a) Vendors adversely affected by a determination by a sponsor under sections 106(a)(5), 106(f), and 107(d) of this act may seek appeal and judicial review of such determinations only as follows:

(1) First, the vendor may, within 20 days of such determination by a sponsor, appeal in writing such determination to the sponsor, which shall issue a ruling on such appeal within 10 days of receiving such written appeal;

(2) Second, the vendor may, within 10 days of a determination under paragraph (1), appeal the written ruling of the sponsor under paragraph (1) to the vending committee described in section 109 of this act, which shall issue a written ruling on such appeal within 10 days of the meeting described in section 109(d)(2)(A);

(3) Third, the vendor may, within 30 days of a determination under paragraph (2), appeal a written ruling of the vending committee under paragraph (2) to the D.C. Board of Appeals and Review in accordance with 1 DCMR §500 et seq.;

(4) Any vendor covered by this act that is adversely affected by a decision of the Board of Appeals and Review under paragraph (3) of this section may seek judicial review thereof in the D.C. Court of Appeals pursuant to Part I, Commissioners' Order No. 55-1500, effective August 11, 1955, and D.C. Code §1-1510.

(b) Vendors adversely affected by a determination by the Mayor under sections 105(i) and 108(d) of this act may seek appeal and judicial review pursuant to subsection (a) of this section. Any such appeal shall begin with an appeal to the vending committee as described in subsection (a)(2), and shall not involve any appeal to the sponsor as described in subsection (a)(1). Such an appeal shall be in writing and presented to the vending committee no later than 20 days after the determination by the Mayor that is the subject of the appeal.

(1) Vendors may not raise any issue during a challenge to a determination regarding a permit under this section which they either could have or did raise in a challenge to a determination regarding a compliance certificate under subsection (a) of this section.

(2) A determination of the Mayor regarding the issuance, renewal, modification, or termination of a permit issued by the Mayor pursuant to this act once challenged by a vendor shall be stayed pending a written ruling of the vending committee.

(c) A determination of a sponsor under subsection (a)(1) of this section shall be stayed upon the submission of a written appeal under subsection (a)(2) of this section,

(d) A written ruling of the vending committee under subsection (a)(2) of this section shall be effective immediately and continue in force unless overturned by the D.C. Board of Appeals and Review or the D.C. Court of Appeals pursuant to this section.

(e) Vendors shall continue to have such interest in a vending permit under District law as they had on the date of enactment of this act. No vendor shall be construed to have any property interest in any vending location under any circumstances.

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TITLE II. OPTIONAL ZONE PLAN COMPONENTS.

(a) A Retail District Enhancement Zone Plan submitted under Title I of this act may include a Sidewalk Cafe Plan in accordance with this section or a Sidewalk Cafe Plan may be added to an existing Retail District Enhancement Zone Plan pursuant to section 107 of this act.

(b) A Sidewalk Cafe Plan submitted pursuant to subsection (a) of this section shall:

(1) Specify existing locations for all enclosed or unenclosed sidewalk cafes within the Retail District Enhancement Zone;

(2) Identify all sites and locations where enclosed or unenclosed sidewalk cafes may potentially be located in the Retail District Enhancement Zone, consistent with existing public health and safety regulations;

(3) Not affirmatively cause a net loss in the total number of outdoor cafe permits in the area described in paragraph (a) of this section, from the number of-such locations in existence on the date of introduction of this legislation.

(4) Define any criteria in addition to the existing public space regulations that will be applied to outdoor cafe permit applications.

(c) The Mayor shall charge an annual public space rental fee for all public space that is occupied by an outdoor cafe under this act. The fee for the use of public space for an outdoor cafe shall be listed on the compliance certificate and shall be: 

(1) $10 per square foot of occupied unenclosed space; or 

(2) $20 per square foot of occupied enclosed space; or 

(3) The amount specified pursuant to the Retail District Enhancement Zone Plan if the sponsor has assigned varying public space rental fees based on market values of different locations, and has listed the method for determining differing values in such Retail District Enhancement Zone Plan.

Sec. 202. Outdoor vending of publications.

(b) A Publication Vending Plan submitted pursuant to subsection (a) of this section shall include detailed rules for the administration of the Publication Vending Plan. Such rules shall:

(1) Specify appropriate locations for newsstands, modular news racks, news rack corrals, news rack covers, and free-standing news racks within the Retail District Enhancement Zone (including through the use of maps), or guidelines for making those determinations.

(2) Provide criteria for selecting among applicants for a particular publication vending permit in a particular site. These criteria shall include a mechanism that grants a preference for providing a vending permit under the Publication Vending Plan as follows:

(A) First, to those applicants who propose operating a newsstand at an appropriate location under paragraph (1) of this subsection;

(B) Second, to those applicants who propose operating a modular news rack, or news rack cover, at an appropriate location under paragraph (2) under this subsection; and

(C) Third, to any applicant who currently operates a publication vending business in the Retail District Enhancement Zone, or to the sponsor, to place news racks in a corral under paragraph (2) of this subsection; and

(D) Fourth, to any applicant who currently operates a publication vending business in the Retail District Enhancement Zone but only to the extent necessary and possible within the context of the plan and the preferences granted by subparagraphs (A), (B) and (C) of this paragraph to preserve such applicant's active publication vending business operations within such area.

(3) Specify aesthetic standards for newsstands, modular news racks, news corrals; and news rack boxes, including permissible formats for identifying the publications being vended or distributed, and advertising on those distribution mechanisms.

(4) Provide for sufficient outlets for publication vending throughout the Retail District Enhancement Zone to make publications reasonably available to the public.

(5) Not exempt any property from having publication vending locations on the public sidewalks surrounding the property, if the location meets the public safety standards and the criteria in the Publication Vending Plan for establishing such vending locations; and security restrictions of local and federal governing agencies.

(6) Require the sponsor of the Retail District Enhancement Zone Application to keep a list of the name and address of any person who notifies the sponsor in writing of their interest in obtaining a permit to conduct a publication distribution business within the Retail District Enhancement Zone, and shall require the sponsor to mail notice to the persons on this list at the address provided by such person at least 60 days prior to the date that any publication vending permit (other than a renewal) is issued.

(c) The Mayor may enter into a contract or contracts to allow a vendor or vendors to exclusively or on a shared basis provide the city with newsstands; and/or modular news racks; and or news rack corrals under this act. In the event that the Mayor does not enter into such a contract or contracts, the sponsor may enter into a contract or contracts with a vendor or vendors to provide these items consistent with the Publication Vending Plan and only within the Retail District Enhancement Zone.

(d) In all areas of the District, including both areas that are, and are not, subject to a Retail District Enhancement Zone, the Mayor shall charge an annual public space administration fee for the placement of all publication distribution boxes by regulation to cover the District's and the sponsor's administrative costs and shall require that:

(1) Fees shall be paid annually;

(2) The public space administration fee shall be calculated based on the actual cost of administering the management of the Publication Vending Plan;

(3) Until such time as regulations are put in place, the administration fee shall be:

(A) $400 per staffed news kiosk; 

(B) $200 per modular kiosk; or 

(C) $60 per free standing news rack;

(4) The permit holder for a publication distribution box shall be fined not more than $50 for the first violation of allowing a box to be left empty for more than 15 consecutive days.

(5) The Mayor may remove a publication distribution box for a publication distribution box permit holder's second violation of allowing a box to be left empty for more than 15 consecutive days.

(6) No distribution box may be attached to a public fixture, sign, pole, bike rack, bench, tree, or tree box and may be removed and discarded if this prohibition is violated.

(7) The Mayor may delegate the power to enforce the provisions of this section to the sponsor or to another contractor.

(d) For any publication distribution box that contains outdoor advertising, the Mayor may charge an outdoor advertising fee as follows:

(1) Fees shall be paid annually;

(2) The Mayor shall either negotiate such fees with the publication distributor or advertiser, or shall set such fees by order, and

(3) The Mayor may transfer all or a portion of such fees to the sponsor to offset the sponsor's costs of administering the plan.

(a) A Retail District Enhancement Zone Plan submitted under Title I of this ad may include a Street Furniture and Public Art Plan in accordance with this section or a Street Furniture and Public Art Plan may be added to an existing Retail District Enhancement Zone Plan pursuant to section 107 of this act.

(b) A Street Furniture and Public Art Plan shall provide for the permissible locations of street furniture, (including benches, tables, ate chairs) light fixtures, kiosks, information kiosks, sandwich board signs, plantings, landscaping, and public art or guidelines for making those determinations. All fixtures specified in the plan mast be consistent with the Streetscape Standards described in DCMR §24.11. A street furniture and public art plan may establish a public process to select the public art to be installed at locations permitted under the plan.

(c) The sponsor or his agent is permitted to erect or install on public space any streetscape element consistent with an adopted Street Furniture and Public Art Plan. Prior to the installation of any fixture or streetscape element under this subsection, the sponsor shall provide 30 days notice of its intention to add an element to the public space consistent with the approved plan to the Public Space Committee.

(1) Within 30 days, the Public Space Committee may issue A notice to the sponsor that the proposed installation is not consistent with the Retail District Enhancement Plan and it shall provide documentation to the sponsor within 30 days describing changes necessary to bring the proposed installation into compliance with the plan. 

(2) Failure to notify the sponsor within 30 days of either noncompliance, or describing changes necessary to bring the proposed installation into compliance shall be construed that the streetscape fixture or element may be installed.

(a) A Retail District Enhancement Zone Plan submitted under Title I of this act may include a Public Banner Plan in accordance with this section or a Public Banner Plan may be added to an existing Retail District Enhancement Zone Plan pursuant to section 107 of this act.

(1) Specifications for such banners, consistent with public safety requirements;

(2) That a reasonable number of banner locations shall be available for special event banners requested by third parties;

(3) That the sponsor shall be responsible for installing such special event banners;

(4) That third parties requesting banners under paragraph (2) of this subsection shall be responsible for paying for, or reimbursing the sponsor for the costs associated with, the special banners; and

(5) The sponsor with authority to approve the design of all such banners.

(c) The Mayor shall contract with the sponsor to assume responsibility for the installation and administration of banners on appropriate public fixtures for any area covered by an approved Public Banner Plan in a manner consistent to the Public Bar Plan.

(d) The provisions of Chapter I 1 of Title I of the District of Columbia Code, except for § 1-1130, shall not apply to a contract entered into pursuant to this section.

(e) The Mayor may by regulation waive the applicability with respect to the relevant area of any regulation that is inconsistent with the Public Banner Plan upon the adoption of such a plan and prior to the execution of any contract authorized by subsection (a) of this section. The provisions of the District of Columbia Administrative Procedure Act shall not apply to the promulgation of regulations ands this section.

Sec. 205. Retail Signage Plan.

(a) A Retail District Enhancement Zone Plan submitted under Title I of this act may include a Retail Signage Plan in accordance with this section or a Retail Signage Plan may be added to an existing Retail District Enhancement Zone Plan pursuant to section 107 of this act.

(c) Notwithstanding any other statute or regulation of the District, if a Retail Signage Plan is in effect:

(1) The sponsor of such Retail Signage Plan may issue plan compliance certificates for sandwich board signs to be displayed in a Retail District Enhancement Zone;

(2) The Retail Signage Plan may exempt banners or flags from counting against the maximum allowable signage for a property;

(3) Pursuant to section 106 of this act, the sponsor may issue Retail Signage Plan compliance certificates for three-dimensional retail signs that express the type of goods or services sold in a retail store. Such signs must not pose any health, safety, obstruction, or access threat to pedestrians or building users.

(d) Pursuant to section 105 of this act, the Mayor shall issue a sign permit to any holder of a Retail Signage Plan compliance certificate provided the applicant's sign does not pose any health, safety, obstruction, or access threat to pedestrians or building users.

(e) Street clocks in a Retail District Enhancement Zone shall not be subject to the prohibitions in D.C. Code §2904.1.4 on listing the name of the company that sponsors the clock, so long as the sponsoring company has a place of business in the immediate vicinity of the clock.

(a) A Retail District Enhancement Zone Plan submitted under Tide I of this act may include an Information and Display Kiosk Plan in accordance with this section or an Information and Display Kiosk Plan may be added to an existing Retail District Enhancement Zone Plan pursuant to section 107 of this act.

(1) A description of the purpose of such kiosks;

(2) A description of how the kiosks will be managed, and a description of the criteria for placing information on them;

(3) A description of the criteria for where kiosks will be placed; and

(4) A description of the criteria for how kiosks will be designed.

After the effective date of this act, the Mayor may issue public space, vending and other permits to any BID or CDC that is in the process of preparing a Retail District Improvement Zone plan, to place demonstration elements in the public space including any element that is allowed by this act pursuant to the general restrictions of this act.

Any rule, regulation, or procedure established by and pursuant to this act shall supersede any inconsistent District of Columbia statute, regulation, or order, except for any comprehensive citywide outdoor advertising and street furniture contract or contracts entered into by the Mayor.

The Council adopts the fiscal impact statement in the committee report as the fiscal impact statement required by section 602(c)(3) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 813; D.C. Official Code § 1206.02(c)(3)).

This act shall take effect following approval by the Mayor (or in the event of veto by the Mayor, action by the Council to override the veto), approval by the Financial Responsibility and Management Assistance Authority as provided in section 203(x) of the District of Columbia Financial Responsibility and Management Assistance Act of 1995, approved April 17, 1995 (109 Stat. 116; D.C. Official Code §47-392.03(a)), a 30-day period of Congressional review as provided in section. 602(c)(1) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 813; D.C. Official Code §1-206.02(c)(2)), and publication in the District of Columbia Register.