The Mayor of the District of Columbia is authorized and directed in the name of the District of Columbia to exclusively control, regulate, and operate as a market and for such other uses as the Mayor determines to be appropriate, the water frontage on the Potomac River lying south of Water Street, between 11th and 12th Streets, including the buildings and wharves thereon; and said Mayor shall have power to make leases, fix and determine rentals, wharfage and dockage fees, and to collect and pay the same into the treasury of the United States to the credit of the General Fund of the District of Columbia; and said Mayor to make and amend, from time to time, all such regulations as it may deem proper for the control, regulation, and operation of said market.
(Mar. 19, 1906, 34 Stat. 72, ch. 958; Mar. 4, 1913, 37 Stat. 941, ch. 150; Feb. 22, 1921, 41 Stat. 1144, ch. 70, § 7; June 28, 1944, 58 Stat. 533, ch. 300, § 18; May 2, 2002, D.C. Law 14-116, § 5, 49 DCR 1945; July 9, 2012, 126 Stat. 990, Pub. L. 112-143, § 2.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 10-137.
1973 Ed., § 10-135.
Effect of Amendments
D.C. Law 14-116 substituted "said Mayor" for "the Council of the District of Columbia".
Pub. L. 112-143 substituted "operate as a market and for such other uses as the Mayor determines to be appropriate" for "operate as a municipal fish wharf and market"; deleted ", and said wharf shall constitute the sole wharf for the landing of fish and oysters for sale in the District of Columbia" following "thereon"; and substituted "operation of said market" for "operation of said municipal fish wharf and market".
Temporary Amendments of Section
Section 5 of D.C. Law 14-55 amended the section by substituting "said Mayor" for "the Council of the District of Columbia".
Section 10(b) of D.C. Law 14-55 provides that the act shall expire after 225 days of its having taken effect.
Emergency Act Amendments
For temporary (90 day) amendment of section, see § 5 of Food Regulation Emergency Amendment Act of 2001 (D.C. Act 14-128, August 3, 2001, 48 DCR 7939).
For temporary (90 day) amendment of section, see § 5 of Food Regulation Legislative Review Emergency Amendment Act of 2001 (D.C. Act 14-147, October 23, 2001, 48 DCR 10183).
Legislative History of Laws
For D.C. Law 14-55, see notes following § 37-201.28.
For Law 14-116, see notes following § 37-201.28.
Change in Government
This section originated at a time when local government powers were delegated to a Board of Commissioners of the District of Columbia (see Acts Relating to the Establishment of the District of Columbia and its Various Forms of Governmental Organization in Volume 1). Section 402(200) of Reorganization Plan No. 3 of 1967 (see Reorganization Plans in Volume 1) transferred all of the functions of the Board of Commissioners under this section to the District of Columbia Council, subject to the right of the Commissioner as provided in § 406 of the Plan. The District of Columbia Home Rule Act, 87 Stat. 818, § 711 (D.C. Code, § 1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act (D.C. Code, § 1-207.14(a)), appropriate changes in terminology were made in this section.
Delegation of Authority
Delegation of authority to National Capital Revitalization Corporation and Anacostia Waterfront Corporation Reorganization Clarification Emergency Act of 2007, see Mayor's Order 2007-172, July 25, 2007 (54 DCR 11600).
On and after July 1, 1906, all receipts of the Wholesale Producers' Market, including the receipts for the occupation of the south side of B Street northwest, and the Farmers' Street Markets adjacent to the Western and Georgetown Markets, respectively, shall be paid to the Director of the Department of Finance and Revenue, to the credit of the revenues of the District, weekly. There is hereby authorized for the use of space at the above-mentioned street markets a space charge of $1 per day for each space occupied for rent. The market masters of the several markets herein mentioned shall make collections daily and make a return thereof, with a sworn statement, weekly to the sealer of weights and measures, who shall deposit the same with the Mayor to the credit of the revenues of the District of Columbia.
The Mayor of the District of Columbia shall amend by rule from time to time the charge imposed for the use of space at the street markets mentioned in this section.
(June 27, 1906, 34 Stat. 485, ch. 3553; Mar. 4, 1913, 37 Stat. 940, ch. 150; Mar. 3, 1921, 41 Stat. 1225, ch. 118, § 33; Nov. 15, 1983, D.C. Law 5-39, § 2, 30 DCR 4991; Apr. 16, 1999, D.C. Law 12-228, § 15, 46 DCR 1066.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 10-138.
1973 Ed., § 10-136.
Emergency Act Amendments
For temporary permission, on an emergency basis, for the interim continuation of non-food open air retailing, see §§ 2 and 3 of the Eastern Market Open Air Retailing Emergency Act of 1998 (D.C. Act. 12-320, April 6, 1998, 45 DCR 2296), and see §§ 2 and 3 of the Eastern Market Open Air Retailing Second Emergency Act of 1998 (D.C. Act 12-352, May 12, 1998, 45 DCR 3104).
For temporary repeal of the Eastern Market Open Air Retailing Emergency Act of 1998 (D.C. Act 12-320), see § 4(a) of the Eastern Market Open Air Retailing Second Emergency Act of 1998 (D.C. Act 12-352, May 12, 1998, 45 DCR 3104).
For temporary repeal of the Eastern Market Open Air Retailing Temporary Act of 1998 (Bill 12-513), see § 4(b) of the Eastern Market Open Air Retailing Second Emergency Act of 1998 (D.C. Act 12-352, May 12, 1998, 45 DCR 3104).
For temporary provision to permit, on an emergency basis, the interim continuation of non-food open air retailing in the exterior space at Eastern Market that is not otherwise leased, see §§ 2 and 3 of the Eastern Market Open Air Retailing Emergency Act of 1998 (D.C. Act 12-320, April 6, 1998, 45 DCR 2296). D.C. Act 12-320 was subsequently repealed by § 4(a) of the Eastern Market Open Air Retailing Second Emergency Act of 1998 (D.C. Act 12-352, May 12, 1998, 45 DCR 3104), and § 4(a) of the Eastern Market Open Air Retailing Congressional Review Emergency Act of 1998 (D.C. Act 12-435, August 12, 1998, 45 DCR 5951).
For temporary provision to permit, on an emergency basis, the interim continuation of non-food open air retailing in the exterior space at Eastern Market and to clarify the extent to which exterior space is otherwise leased, see §§ 2 and 3 of the Eastern Market Open Air Retailing Second Emergency Act of 1998 (D.C. Act 12-352, May 12, 1998, 45 DCR 3104), and §§ 2 and 3 of the Eastern Market Open Air Retailing Congressional Review Emergency Act of 1998 (D.C. Act 12-435, August 12, 1998, 45 DCR 5951).
For temporary (90-day) continuation and clarification provisions relative to the Eastern Market, see § 2 of the Eastern Market Open Air Retailing Emergency Act of 2000 (D.C. Act 13-54, April 6, 1999, 46 DCR 3648).
Legislative History of Laws
Law 5-39, the "Farmers Street Market Space Charge Increase Act of 1983," was introduced in Council and assigned Bill No. 5-97, which was referred to the Committee on Finance and Revenue. The Bill was adopted on first and second readings on July 5, 1983 and September 6, 1983, respectively. Signed by the Mayor on September 22, 1983, it was assigned Act No. 5-64 and transmitted to both Houses of Congress for its review.
Law 12-133, the "Eastern Market Open Air Retailing Temporary Act of 1998," was introduced in Council and assigned Bill No. 12-573. The Bill was adopted on first and second readings on March 3, 1998, and April 7, 1998, respectively. Signed by the Mayor on April 20, 1998, it was assigned Act No. 12-333 and transmitted to both Houses of Congress for its review. D.C. Law 12-133 became effective on July 24, 1998.
Law 12-150, the "Eastern Market Open Air Retailing Second Temporary Act of 1998," was introduced in Council and assigned Bill No. 12-620. The Bill was adopted on first and second readings on April 21, 1998, and May 5, 1998, respectively. Signed by the Mayor on May 20, 1998, it was assigned Act No. 12- 362 and transmitted to both Houses of Congress for its review. D.C. Law 12-150 became effective on September 18, 1998.
Law 12-228, the "Eastern Market Real Property Asset Management and Outdoor Vending Act of 1998," was introduced in Council and assigned Bill No. 12-477, which was referred to the Committee on Government Operations. The Bill was adopted on first and second readings on June 2, 1998, and June 16, 1998, respectively. Signed by the Mayor on July 8, 1998, it was assigned Act No. 12- 416 and transmitted to both Houses of Congress for its review. D.C. Law 12-228 became effective on April 16, 1999.
Effective Dates
Section 3 of D.C. Law 5-39 provided that § 2 of the act shall take effect 30 days following November 15, 1983.
References in Text
Pursuant to the Office of the Chief Financial Officer's "Notice of Public Interest" published in the April 18, 1997, issue of the District of Columbia Register (44 DCR 2345) the Office of Tax and Revenue assumed all of the duties and functions previously performed by the Department of Finance and Revenue, as set forth in Commissioner's Order 69-96, dated March 7, 1969. This action was made effective January 22, 1997, nunc pro tunc.
Miscellaneous Notes
Office of Collector of Taxes abolished: The Office of the Collector of Taxes was abolished and the functions thereof transferred to the Board of Commissioners of the District of Columbia by Reorganization Plan No. 5 of 1952. All functions of the Office of the Collector of Taxes including the functions of all officers, employees and subordinate agencies were transferred to the Director, Department of General Administration by Reorganization Order No. 3, dated August 28, 1952. Reorganization Order No. 20, dated November 10, 1952, transferred the functions of the Collector of Taxes to the Finance Office. The same Order provided for the Office of the Collector of Taxes headed by a Collector in the Finance Office, and abolished the previously existing Office of the Collector of Taxes. Reorganization Order No. 20 was superseded and replaced by Organization Order No. 121, dated December 12, 1957, which provided that the Finance Office (consisting of the Office of the Finance Officer, Property Tax Division, Revenue Division, Treasury Division, Accounting Division, and Data Processing Division) would continue under the direction and control of the Director of General Administration, and that the Treasury Division would perform the function of collecting revenues of the District of Columbia and depositing the same with the Treasurer of the United States. Organization Order No. 121 was revoked by Organization Order No. 3, dated December 13, 1967, Part IVC of which prescribed the functions of the Finance Office within a newly established Department of General Administration. The executive functions of the Board of Commissioners were transferred to the Commissioner of the District of Columbia by § 401 of Reorganization Plan No. 3 of 1967. Functions of the Finance Office as stated in Part IVC of Organization Order No. 3 were transferred to the Director of the Department of Finance and Revenue by Commissioner's Order No. 69-96, dated March 7, 1969.
Temporary continuation of non-food open air retailing at Eastern Market: Sections 2 and 3 of D.C. Law 12-133, the Eastern Market Open Air Retailing Temporary Act of 1998, provide, on a temporary basis, for the interim continuation of non-food open air retailing in the exterior space at Eastern Market that is not otherwise leased.
Section 5(b) of D.C. Law 12-133 provides that the act shall expire after 225 days of its having taken effect.
Temporary continuation of non-food open air retailing at Eastern Market: Sections 2 and 3 of D.C. Law 12-150, the Eastern Market Open Air Retailing Temporary Act of 1998, provide, on a temporary basis, for the interim continuation of non-food open air retailing in the exterior space at Eastern Market and to clarify the extent to which exterior space is otherwise leased.
Section 4 of D.C. Law 12-150 provides for the repeal of the Eastern Market Open Air Retailing Temporary Act of 1998.
Section 6(b) of D.C. Law 12-150 provides that the act shall expire after 225 days of its having taken effect.
