[HISTORY: Adopted by the Mayor and Council of the Town of Galena 12-3-1990 by Ord. No. 90-2 (Ch. V, Art. 1, of the 1990 Code of Ordinances). Amendments noted where applicable.]
GENERAL REFERENCES
Noise — See Ch. 118.
Streets and sidewalks — See Ch. 150.
As used in this chapter, the following terms shall have the meanings indicated:
CANVASSER or SOLICITOR
Any individual, whether resident of the Town of Galena or not, traveling either by foot, wagon, automobile, motor truck, or any other type of conveyance, from place to place, from house to house, or from street to street, taking or attempting to take orders for sale of goods, wares and merchandise, personal property of any nature whatsoever for future delivery, or for services to be furnished or performed in the future, whether or not such individual has, carries or exposes for sale a sample of the subject of such sale, or whether he is collecting advance payments on such sales or not. Such definition shall include any person who, for himself, or for another person, firm, or corporation, hires, leases, uses, or occupies any building, structure, tent, railroad box car, boat, hotel room, lodging house, apartment, shop, or any other place within the Town for the sole purpose of exhibiting samples and taking orders for future delivery.
It shall be unlawful for any solicitor or canvasser, as defined in this chapter, to engage in such business within the corporate limits of the Town without first obtaining a permit and license therefor in compliance with the provisions of this chapter.
Applicants for permit and license under this chapter must file with the Town Administrator a sworn application in writing (in duplicate) on a form to be furnished by the Town Administrator, which shall give the information enumerated in this section hereafter:
A. 
Name and description of the applicant.
B. 
Permanent home address and full local address of the applicant.
C. 
A brief description of the nature of the business and the goods to be sold.
D. 
If employed, the name and address of the employer, together with credentials establishing the exact relationship.
E. 
The length of time for which the right to do business is desired.
F. 
The place where the goods or property proposed to be sold, or orders taken for the sale thereof, are manufactured or produced, where such goods or products are located at the time said application is filed, and the proposed method of delivery.
G. 
A photograph of the applicant, taken within 60 days immediately prior to the date of filing of the application, which picture shall be at least two inches in height showing the head and shoulders of the applicant in a clear and distinguishable manner.
A. 
Upon receipt of said application, the original shall be referred to the Town Administrator, who shall issue such permits.
B. 
The Clerk-Treasurer shall keep a permanent record of all licenses issued.
A. 
Unless otherwise provided in this chapter, the Mayor and Council shall, from time to time, pass a resolution establishing the license fees to be paid by various business categories under the provisions of this chapter.
B. 
The annual fees herein provided shall be assessed on a calendar-year basis on or after July 1 in the amount stipulated by the Mayor and Council.
C. 
In the event a nonprofit, civic, fraternal, or welfare organization wishes to engage in activities controlled by this chapter, they shall register with the Town and secure all needed permits, however, for such an organization, the permit fee shall be waived.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
All annual licenses issued under the provisions of this chapter shall expire on the 31st of December in the year when issued. Other than annual licenses shall expire on the date specified in the license.
A. 
The Town Clerk-Treasurer shall issue to each licensee at the time of delivery of his or her license a badge which shall contain the words "Licensed Solicitor," the period for which the license is issued and the number of the license, in letters and figures easily discernible from a distance of 10 feet. Such badge shall, during the time such licensee is engaged in soliciting, be worn constantly by the licensee on the front of his or her outer garment in such a way as to be conspicuous.
B. 
Solicitors and canvassers are required to exhibit their licenses at the request of any citizen.
Every license shall be held to confer a personal privilege to transact the business specified therein and shall not be exercised except by the person, firm, company, or corporation licensed, or their duly authorized agents, executors, or administrators.
A. 
It shall be the duty of any official of the Town of Galena to require any person seen soliciting or canvassing, and who is not known by such official to be duly licensed, to produce their solicitor's or canvasser's license and to enforce the provisions of this chapter against any person found to be violating the same.
B. 
The Town Administrator shall report to the Town Clerk-Treasurer all convictions for violation of this chapter, and the Town Clerk-Treasurer shall maintain a record for each license issued and record the reports of violation therein.
A. 
Permits and licenses issued under the provisions of this chapter may be revoked by the Mayor and Council of the Town of Galena after notice and hearing for any of the following causes:
(1) 
Fraud, misrepresentation, or false statement contained in the application for license;
(2) 
Fraud, misrepresentation or false statement made in the course of carrying on business as solicitor or as canvasser;
(3) 
Any violation of this chapter;
(4) 
Conviction of any crime or misdemeanor involving moral turpitude; or
(5) 
Conducting the business of soliciting or of canvassing in an unlawful manner or in such a manner as to constitute a breach of the peace or to constitute a menace to the health, safety, or general welfare of the public.
B. 
Notice of the hearing for revocation of a license shall be given in writing, setting forth specifically the grounds of complaint and the time and place of hearing. Such notice shall be mailed, postage prepaid, to the licensee at their last known address at least five days prior to the date set for hearing.
A. 
Any person aggrieved by the action of the Town Administrator or the Town Clerk-Treasurer in the denial of a permit or license as provided in § 127-4 of this chapter, or the action of the Mayor and Council pursuant to § 127-10 of this chapter, or the action of the Mayor in the assessing of the fee as provided in § 127-5 of this chapter shall have the right of appeal to the Council of the Town of Galena.
B. 
Such appeal shall be taken by filing with the Council, within 14 days after notice of the action has been mailed to such person's last known address, a written statement setting forth fully the grounds for the appeal. The Council shall set a time and place for a hearing on such appeal and notice of such hearing shall be given to the appellant in the same manner as provided in § 127-10 of this chapter for notice of hearing on revocation.
C. 
The decision and order of the Council on such appeal shall be final and conclusive.
Any person violating any of the provisions of this chapter shall, upon conviction thereof, be punished by a fine not to exceed $100 or by imprisonment not to exceed 60 days, or both.
The regulations in this chapter shall be in addition to any regulations pertaining to peddlers or solicitors found in the Annotated Code of Maryland, and, in the case of conflict, those provisions imposing the higher standards shall govern.
[1]
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. II).