(a) Unless otherwise permitted by law, a person must not sell or offer to sell any goods or services on any public sidewalk or the right-of-way of any public road.
(b) The Director may issue licenses for a limited number of stationary or slow-moving pushcarts or similar vehicles, not larger than a size set by regulation, from which a licensee may sell goods on designated sidewalks or rights-of-way in a Central Business District planning policy area (as defined in the County Growth Policy). The Director by regulation under method (2) must limit the number of vehicles licensed in each Central Business District and the number of licensees who can sell any particular type of goods. If more persons apply for any category of licenses under this subsection than the number available, the Director must first consider renewing each previous licensee and then conduct a lottery among qualified applicants for the remaining licenses. A licensee under this subsection may locate on a public right-of-way only if the Director of Transportation concurs that the licensee’s operation at that location will not unduly affect vehicular or pedestrian safety.
(c) A vendor who is a certified producer under standards set by regulation under method (2) may sell fresh produce on the right-of-way of any public road in locations and at times of the day that will not affect public safety. In this Section, "fresh produce" means:
(1) regionally grown fresh fruit, vegetables, herbs, cut flowers, small trees, and plants; and
(2) non-potentially hazardous prepackaged goods and eggs approved by the Department of Health and Human Services.
(d) Except for a prearranged appointment or with the Director’s approval, a vendor other than a vendor operating a food service truck must not conduct business before 9 a.m. nor after sunset. In this Section, “sunset” means the time established by the U.S. Naval Observatory for Washington D.C. and vicinity.
(e) A vendor operating a food service truck must not conduct business before 5 a.m. nor after 10 p.m.
(f) Unless permitted by the Director and the school principal for a special event, a vendor must not sell or offer to sell any item on a public road or right-of-way within 500 feet of any public or private elementary or secondary school. (1995 L.M.C., ch. 5, § 2; 1996 L.M.C., ch. 26, § 1; 2004 L.M.C., ch. 31, § 1; 2008 L.M.C., ch. 5, § 1; 2015 L.M.C., ch. 47, § 1.)
Editor’s note—2008 L.M.C., ch. 5, § 3, states: Sec. 3. Any regulation in effect when this Act takes effect that implements a function transferred to another Department or Office under Section 1 of this Act continues in effect, but any reference in any regulation to the Department from which the function was transferred must be treated as referring to the Department to which the function is transferred. The transfer of a function under this Act does not affect any right of a party to any legal proceeding begun before this Act took effect.