Title 37 — Weights, Measures, Markets, and Vending.

For the purpose of this chapter, the term: (1) “Agricultural products” means vegetables, fruits, grains, mushrooms, honey, plants, plant cuttings, flowers, herbs, nuts, seeds, bulbs, and rootstock and includes baked or processed foods that are: (A) Processed in some way by the ma…

(a) The Department of General Services shall supervise and provide coordinated management over all operations in the Eastern Market Square. On April 16, 1999, the District of Columbia shall notify any extant lessees and sub-assignees with an existing lease, contract, agreement or…

(a) There is established the Eastern Market Enterprise Fund (“Fund”), an interest-bearing account, pursuant to § 47-373(2)(C). The Fund shall be operated by the CPMO in accordance with general accepted accounting principles. (b) The CPMO shall deposit into the Fund all revenues, …

Eastern Market shall be operated primarily as an indoor urban fresh food market and an outdoor Farmers’ Line, with a community arts center and public meeting space in the North Hall, with an arts and crafts market and a flea market on the North Plaza, and with compatible uses in …

(a) The CPMO shall consult with the EMCAC in preparing each request for proposals (“RFP”) which shall be issued by the District government for the selection of a market manager. The CPMO shall submit to the EMCAC each response to the market manager RFP for its review and recommen…

(a) Tenants shall not occupy any space or stand inside the Eastern Market building without first having entered into a written contract with the market manager. (b) Each contract shall require that the tenant possess the required business license and sales and use tax number and …

(a) Any individual, association or corporation having a lease, contract, agreement, or legally binding understanding to operate one or more stalls in the South Hall, a breakfast or lunch restaurant in the Center and South Hall, a pottery studio in the Center Hall, a community- an…

(a) Any farmer or other market vendor of agricultural products who has operated one or more stalls on the sidewalk at any time within the last 2 years shall be offered a right of first refusal to continue such operations under substantially similar terms, except that: (1) The ter…

(a) In order to maintain the theme and character of Eastern Market, any District of Columbia agency having jurisdiction over public property, including, but not limited to, the property under the jurisdiction of the District of Columbia Public Schools and the Department of Recrea…

In the event that a market vendor violates any law, regulation, sidewalk market rule or condition of the market vendor’s sub-lease as specified in the contract, the market manager may issue a market violation notice (“MVN”) to the market vendor suspending the market vendor’s sub-…

(a) There is hereby established the Eastern Market Community Advisory Committee (“EMCAC”) to be comprised of no more than 11 voting members. The EMCAC shall be comprised as follows: (1) Repealed. (2) One representative of ANC 6B, who shall be a serving ANC Commissioner; (3) One r…

(a) The market manager shall maintain appropriate liability insurance. The market manager shall require each tenant and market vendor to maintain liability insurance, individually or as part of a group policy. (b) The market manager, each tenant and each market vendor shall indem…

No later than January 2, 2004, the CPMO shall file a report with the Council for review. The report shall contain information including, but not limited to, a report on the operations and management of Eastern Market for the past 5 year period, financial operations, a summary of …

For the purposes of this chapter, the term: (1) “Fund” means the Vending Regulation Fund established by § 37-131.07(b). (2) “Public market” means a vending operation that takes place in an area of public space set aside and permitted on a regular basis for the sale of goods, merc…

(a) Except as set forth in subsection (b) of this section, a person shall not vend from a sidewalk, roadway, or other public space unless the person holds: (1) A basic business license properly endorsed as provided in subsection (c) of this section; (2) A vending site permit, or …

(a) The Mayor shall designate the specific vending locations on sidewalks, roadways, and other public spaces where a person may vend. (b) A person shall not vend from a location on a sidewalk, roadway, or other public space other than a vending location designated by the Mayor un…

(a) A vendor shall not vend from a vending location without first obtaining a vending site permit from the Mayor. (b) Vending locations shall be assigned by lotteries conducted by the Mayor, unless: (1) The Mayor establishes an alternate means of assignment by rule; (2) The vendi…

The Mayor may establish vending development zones, upon application and after public notice, in which the Mayor may waive the regulatory provisions, such as the design standards, the standards for designation of vending locations, and the procedure for assigning vending locations…

The Mayor may require the permitting of public markets on public space and may require the licensing of managers of public markets on public space and private space.

(a) The Mayor may establish fees, by rule, for the application for, and issuance of, each license, permit, and authorization required under this chapter or the rules issued pursuant to this chapter. The Mayor may establish the fees based on the class of license, vending location,…

(a) The Mayor may establish civil penalties for the violation of this chapter and rules promulgated pursuant to this chapter, including the establishment of civil penalties pursuant to Chapter 18 of Title 2 [§ 2-1801.01 et seq.]. (b) Any person who violates any of the provisions …

(a) Within 30 days after October 22, 2009, the Mayor shall create and convene the Citywide Vending Task Force (“Task Force”), consisting of representatives from the street vendor, small business, downtown business, and other affected communities, including District residents. (b)…

The Mayor, pursuant to subchapter I of Chapter 5 of Title 2 [§ 2-501 et seq.], may issue rules to implement this chapter, including rules regulating the location, the design, and the maintenance of vendor carts, stands, vehicles, and other equipment, and rules requiring that pers…

(a) There is hereby created an executive department in the government of the District of Columbia which shall be known as the Department of Weights, Measures, and Markets. Such Department shall be in charge of a Director of Weights, Measures, and Markets, who shall be appointed b…

The Director shall, before entering upon the performance of his duties, give bond to the District of Columbia in the penal sum of $5,000, signed by 2 sureties or by a bonding company, to be approved by the Mayor, conditioned on the faithful discharge of the duties of his office, …

(a) The Director and, under his direction, his assistants and inspectors, shall have exclusive power to perform all the duties provided in this subchapter. They shall, at least every 6 months, and oftener when the Director thinks proper, inspect, test, try, and ascertain whether …

No person shall use or, having the same under his control, permit to be used, any weight, scale, measure, weighing or measuring device, or any attachment or part thereof after the same has been altered or repaired without the same having been inspected and approved as provided in…

No person shall neglect, fail, or refuse to exhibit any weight, scale, beam, measure, weighing or measuring device, subject to inspection or test under the provisions of this subchapter, to the Director or any of his assistants or inspectors for the purpose of inspection and test…

The Director shall keep in his office a record of weighing and measuring devices inspected, which record shall show the type of device, the name and address of the owner, the date of inspection, and whether the same was approved or condemned. Such record shall be open to the publ…

No person shall sell, offer for sale, keep, or expose for sale anywhere in the District of Columbia any commodity of any kind as a weight, measure, or numerical count greater than the actual or true weight, measure, or numerical count thereof, and no person shall take or attempt …

When any commodity is sold by weight it shall be net weight. When any commodity is sold by the ton, it shall be understood to mean 2,000 pounds avoirdupois.

No person, firm, or corporation shall erect, operate, or maintain, or cause to be erected, operated, or maintained within the District of Columbia any coin-in-the-slot machine or automatic vending device without placing in charge thereof some responsible person. No such machine s…

Every person, firm, or corporation shall, when a sales ticket is given with a purchase, cause such sales ticket to show the correct name and address of such person, firm, or corporation and the weight, measure, or numerical count, as the case may be, of each commodity sold to the…

(a) It shall be unlawful to sell or offer for sale in the District of Columbia any coal, charcoal, or coke in any manner other than by weight. No person shall sell or deliver or attempt to deliver to any purchaser within the District of Columbia any coal, charcoal, or coke unless…

It shall be unlawful to sell, within the District of Columbia, any ice in any manner other than by weight, such weight to be ascertained at the time of delivery of such ice, and every person, or in case of a firm, copartnership, or corporation, the person in charge of its busines…

(a) The word “bread” when used in the name of the food means the unit weighs 8 ounces or more after cooling, and any bread exposed for sale or sold in the District of Columbia shall have the net weight of the contents indicated by printing or marking the net weight on the label, …

(a) All fluid and frozen dairy products, including but not limited to whole milk, skimmed milk, cultured milk, sweet cream, sour cream, buttermilk, chocolate milk, chocolate drink, ice cream, and frozen custard, and frozen dairy desserts such as sherbet, water ice, and ice milk, …

(a) Standard containers for the sale of fruits, vegetables, and other dry commodities in the District of Columbia shall be as follows: (1) Standard barrel for fruits, vegetables, and other dry commodities other than cranberries, shall be of the following dimensions when measured …

Nothing in this subchapter contained shall be construed as permitting the use as a dry measure or substituting for a dry measure any of the following containers: barrels, boxes, lug boxes, crates, hampers, baskets, or climax baskets; and the use of any such container as a measure…

No person shall sell, offer, or expose for sale in the District of Columbia any food in package form unless the quantity of contents is plainly and conspicuously marked on the outside of each package in terms of weight, measure, or numerical count. The Council of the District of …

A cord of wood shall contain 128 cubic feet. Wood more than 8 inches in length shall be sold by the cord or fractional part thereof, and when delivered shall contain 128 cubic feet per cord when evenly and compactly stacked. Split wood, 8 inches or less in length, may be sold by …

The standard liquid gallon shall contain 231 cubic inches; the half gallon, one hundred and fifteen and five-tenths cubic inches; the quart, fifty-seven and seventy-five hundredths cubic inches; the pint, twenty-eight and eight hundred and seventy-five thousandths cubic inches; t…

(a) The Director shall: (1) Take samples of automotive fuel wherever it is offered for sale or use in the District of Columbia; (2) Inspect and test on at least an annual basis and on a random, unannounced basis the octane levels of the gasoline dispensed at each gasoline pump; (…

Shucked oysters shall be sold only by liquid measure or numerical count, and whenever there is included in the sale by measure of shucked oysters more than 10 per centum of oyster liquid or other liquid substance, the vendor shall be deemed guilty of selling short measure. All fi…

Every user of an automatic measuring pump or similar device, shall, when the supply of the commodity which he is measuring for sale with such pump or similar device, is insufficient to deliver correct measure of such commodity by the usual or customary method of operating such pu…

Whenever any commodity is offered for sale at a stated price for a stated quantity, a smaller quantity shall be sold at a pro rata price unless the purchaser is informed to the contrary at the time of sale.

The Director, or under his direction, his assistants and inspectors, shall from time to time weigh or measure and inspect packages or amounts of commodities of whatever kind kept for sale, offered or exposed for sale, sold, or in the process of delivery, in order to determine whe…

The Director of Weights, Measures, and Markets is further authorized to make purchases of food in connection with the investigation and detection of sales of food by misrepresentation or false advertising in violation of §§ 22-1511 to 22-1513; and there are authorized to be appro…

It shall be unlawful for the Director or any employee of his office to vend any weights, measures, weighing or measuring device, or to offer or expose the same for sale, or to be interested, directly or indirectly, in the sale of same.

There is hereby conferred upon the Director, his assistants and inspectors, police power, and in the exercise of their duties they shall, upon demand, exhibit their badges to any person questioning their authority; and they are authorized and empowered to make arrests of any pers…