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 market vendor; and
(B) Approved by the regulatory authorities.
(2) “Antiques” means items of personal property manufactured or made more than 100 years ago.
(3) “Artist” means an individual who created the works of art offered for sale and includes two or more individuals who work together in creating individual works of art offered for sale.
(4) “Center hall” means the 3,160 square feet of the Eastern Market building on the first and second floors that is between the South Hall and North Hall and which, on April 16, 1999, contained a pottery studio and bathrooms.
(5) “Chief Property Management Officer” (“CPMO”) means the Chief Property Management Officer of the District of Columbia Department of General Services.
(6) “Community Arts Center” means a space operated for the promotion of the arts including performances, exhibitions, sales, demonstrations and instruction.
(7) “Community group” means any District-based not-for-profit association or organization whose mission in some way serves the interests of the District’s residents.
(8) “Compatible or complementary uses” means uses similar to the other permitted uses of Eastern Market Square or uses that would enhance and not detract from those uses.
(9) “Crafter” means an individual who created the hand-crafted goods offered for sale and includes two or more individuals who work together in creating individual hand-crafted goods offered for sale.
(10) “Eastern Market” means the building at Lot 800, Square 872 in the District of Columbia.
(11) “Eastern Market Community Advisory Committee” (“EMCAC”), means the advisory committee created in § 37-111.
(12) “Eastern Market Special Use Area” means:
(A) Eastern Market Square, including the North Hall Plaza;
(B) The Capitol Hill Natatorium Plaza;
(C) The playground and parking lot of Hine Junior High School, as of December 24, 2013, until commencement of construction with respect to new development on the Hine Junior High School site;
(D) 7th Street, S.E., between North Carolina Avenue, S.E., and Pennsylvania Avenue, S.E., including the area between the curb and near edge of the sidewalk on both the east and west sides of the street and excluding the area between the property line and far edge of the sidewalk on both sides of the street;
(E) The new C Street, S.E., to be constructed between 7th and 8th Streets, S.E., including the area between the curb and near edge of the sidewalk on both the north and south sides of the street and excluding the area between the property line and the far edge of the sidewalk on both sides of the street; and
(F) Other privately owned or controlled lands or buildings that are directly adjacent to the area defined in subparagraphs (A), (B), (C), and (D) of this paragraph, each being subject to a lease or management agreement between the market manager and such owner or controlling entity, and for durations and under conditions defined in the lease or management agreements.
(13) “Eastern Market Square” means the area between the south curb of North Carolina Avenue, S.E., and the north curb of C Street, S.E., and between the west curb of 7th Street, S.E., and the building line with the Capitol Hill Natatorium.
(14) “Eastern Market Tenants Council” means an Eastern Market tenants’ group comprised of one representative of each major activity, including, but not limited to, the farmers, South Hall stall holders, Center Hall tenants, North Hall tenants, arts and crafts market vendors, and flea market vendors.
(15) “Farmer” means a market vendor who sells agricultural products, of which at least 70%, during the April-November harvest season was: (A) grown on land owned or leased by the market vendor; (B) grown on land neighboring the land owned or leased by the market vendor; (C) obtained directly from others who have grown the product on land which is owned or leased by the producer; or (D) in the non-harvest season of December-March, a market vendor who sells agricultural products in the harvest season, of which at least 30% was either (A), (B), or (C) of this paragraph.
(16) “Farmers’ line” means that portion of the Eastern Market Square (under the existing shed) and extending north to North Carolina Avenue, S.E., and south of the shed along the sidewalk of 7th Street, S.E., to C Street, S.E., as well as the portion of the Eastern Market square between Eastern Market and the curb of C Street, S.E.
(17) “Food merchant” means a market vendor who sells agricultural products or prepared food, both home-grown and food obtained from wholesalers, but primarily from food wholesalers, to retail customers.
(18) “Food wholesaler” means vendors who sell agricultural products grown by themselves and others to a food merchant for resale to retail customers.
(19) “Hand-crafted goods” means items produced or created from raw or basic materials that are changed into a significantly different shape, design, form or function using a special skill, trade or manual art.
(20) “Importers of hand-crafted and indigenous goods” means market vendors who sell items that are ethno-specific and are designed, produced and representative of the country of origin and purchased by the applicant in the country of origin or imported by the market vendor.
(21) “Market manager” means a person or persons, having experience relevant to operating an historic urban fresh food or farmers’ market, employed to provide unified and coordinated management for the Eastern Market Special Use Area.
(22) “Market vendor” means an individual, association or corporation (including, but not limited to, any partnership, society, club, joint-stock company, estate, receiver, trustee, assignee, or referee, and any combination of individuals acting as a unit) with a currently enforceable contract or agreement with the market manager and engaged in selling any good in or about the Eastern Market Square and includes any artist, any crafter, any farmer and any merchant.
(23) “North Hall” means the 4,500 square feet of space on the ground floor of the North end of Eastern Market.
(24) “North Plaza” means that portion of Eastern Market Square bounded by the private right of way on the west, North Carolina Avenue, S.E., on the north, the Farmers’ Line on the east, and the north face of the Eastern Market building on the south.
(26) “Sidewalk market” means the areas, covered and uncovered, between the building and the street curbs on the south, east and north sides of the Eastern Market building on the Eastern Market Square.
(27) “Sidewalk market stall” means a sidewalk space of at least 32 square feet (normally eight feet by four feet) within which a market vendor is permitted to display and sell goods.
(28) “South Hall” means the 9,500 square feet of the ground floor and basement of the Eastern Market building at the southern end of the building closest to C Street, S.E.
(29) “Tenant” means an individual, association or corporation (including, but not limited to, any partnership, society, club, joint-stock company, estate, receiver, trustee, assignee, or referee, and any combination of individuals acting as a unit) but not limited to organizations and community groups having a written contract with the market manager to occupy space inside the Eastern Market building.
(30) “Vintage goods or collectibles” means any items of personal property previously purchased at retail.
(31) “Works of art” means drawings, paintings, sculptures, photographs, ornamental textiles, ornamental glass, ornamental pottery, and any other items created primarily for aesthetic appreciation.
(Apr. 16, 1999, D.C. Law 12-228, § 2, 46 DCR 1066; Apr. 20, 1999, D.C. Law 12-264, § 22(a), 46 DCR 1066; Sept. 26, 2012, D.C. Law 19-171, § 91(a), 59 DCR 6190; Dec. 24, 2013, D.C. Law 20-61, § 1052, 60 DCR 12472.)
1981 Ed., § 10-301.
Effect of Amendments
The 2012 amendment by D.C. Law 19-171 substituted “Department of General Services” for “District of Columbia Office of Property Management” in (5); and repealed (25), which formerly read: “’Office of Property Management’ (’OPM’) means the District of Columbia Office of Property Management.”
The 2013 amendment by D.C. Law 20-61 rewrote (12) and (21).
For temporary (90 day) amendment of section, see § 2(a) of Eastern Market Emergency Amendment Act of 2008 (D.C. Act 17-570, November 7, 2008, 55 DCR 12114).
For temporary (90 days) amendment of this section, see § 1052 of the Fiscal Year 2014 Budget Support Emergency Act of 2013 (D.C. Act 20-130, July 30, 2013, 60 DCR 11384, 20 DCSTAT 1827).
For temporary (90 days) amendment of this section, see § 1052 of the Fiscal Year 2014 Budget Support Congressional Review Emergency Act of 2013 (D.C. Act 20-204, October 17, 2013, 60 DCR 15341, 20 DCSTAT 2311).
Section 1051 of D.C. Law 20-61 provided that Subtitle F of Title I of the act may be cited as the “Eastern Market Jurisdiction Clarification Amendment Act of 2013”.