[HISTORY: Adopted by the Mayor and Council of the City of Taneytown
4-12-1993 by Ord. No. 1-93 (Title 10, Ch. 3 of the 1980 Code). Amendments
noted where applicable.]
GENERAL REFERENCES
Business licenses — See Ch. 88.
A.
It shall be unlawful for any person to engage, within
the corporate limits of the city, in the business of a peddler or solicitor
or street vendor, as defined by Maryland law, or transient vendor without
first obtaining a license as provided herein.
B.
No person shall be permitted to sell any article or thing
upon any street or public place within the city, except at those places as
may be approved by the city.
As used in this chapter, the following terms shall have the meanings
indicated:
Includes any person who hawks, peddles or vends, distributes literature
or takes orders for any wares, merchandise or service upon the streets of
the City or any person who goes from house to house to vend, sell or take
orders for any wares or merchandise or anything of value or solicits service.
The provisions of this chapter shall not apply to:
A.
Persons selling merchandise to manufacturers, wholesalers
or retailers for use in their business or for resale.
B.
Fraternal, religious, charitable, patriotic, educational,
benevolent or civic organizations.
C.
Volunteer fire companies.
D.
Canvassers of political, social, and religious positions
and/or of a political candidate, petition, referendum or other ballot issue.
[Added 9-9-2002 by Ord. No.
3-2002]
A separate license must be obtained for each individual who will participate
in the hawking, peddling or vending or the taking of orders for any wares
or merchandise.
A.
Applicants for a license shall file with the City Clerk
a signed application giving the following information:
(1)
Name, local and permanent address, age, weight, height,
color of hair and eyes and other distinguishing physical characteristics.
(2)
Name and local permanent addresses of the person by whom
he or she is employed or with whom he or she is associated.
(3)
Length of that employment or association.
(4)
Brief description of the business and nature of the merchandise
to be sold.
(5)
One photo identification.
(6)
If a vehicle is to be used, a description of the same,
together with the license number.
(7)
A statement as to whether or not the applicant has been
convicted of any crime, misdemeanor or violation of any municipal ordinance,
the nature of the offense and the punishment or penalty assessed.
B.
If the application is for a license for peddling, soliciting,
street vending or transient vending on property not owned by the applicant,
a letter must be submitted to the City Clerk from the owner of the property
advising that the solicitor has permission to use the property for the purpose
of soliciting, vending or peddling.
Upon receipt of a license application, the City Clerk shall cause an
investigation of the applicant's business and moral character to be made as
he or she deems necessary for the protection of the public welfare.
[Amended 10-14-1996 by Ord.
No. 10-96]
The fee for a peddler's, solicitor's, street vendor's and transient
vendor's license shall be $25 per fiscal year or any part thereof. Any applicant
who meets all other qualifications of this chapter and who possesses a valid
and existing trader's license and whose principal place of business is located
within the corporate limits of the City shall be exempt from the requirement
of payment of the fee set forth herein.
An appeal from an action of the City Clerk in failing to approve the
issuance of any license may be taken to a regular meeting of the Council,
which shall thereafter affirm the action of the City Clerk or overrule it
and direct the Clerk to issue the license. The Council shall render its decision
within 60 days of hearing any appeal.
A license issued under this chapter shall be good for the period of
duration specified in the license from the date of issuance, unless earlier
suspended or revoked as provided in this chapter. Every peddler or solicitor
or street vendor shall carry with him or her his or her license at all times
while engaged in peddling or soliciting and shall display the same to any
person who shall demand to see the same while he or she is so engaged. The
license shall remain the property of the City and shall be surrendered to
the City Clerk upon expiration, suspension or revocation.
The City Clerk may refuse to issue or renew a license or may revoke or suspend any license issued under this chapter if the City Clerk finds that the applicant or licensee has willfully withheld or falsified any information required for a license or has been convicted of any of the crimes described in § 157-5. The City Clerk may suspend for a period up to 90 days, or revoke or refuse to renew, any license upon a finding that the licensee, while peddling or soliciting and in connection therewith, has engaged in fraud or willful misrepresentation, has violated any provision of this chapter, has committed any unlawful act or has refused to leave the premises immediately when requested by the owner or occupant thereof to do so. Any revocation, suspension or failure to renew shall be by written notice to the licensee delivered personally or sent by certified mail to the licensee's local address listed in his or her application. The notice shall contain a statement of the reason for the action taken.
Every vehicle and every thing pertaining thereto used by a licensed
peddler, solicitor or street vendor shall at all times be maintained in a
clean and orderly condition, and no portion of the contents thereof shall
be thrown, spilled or deposited upon the street or other public place.
[Amended 8-9-1999 by Ord.
No. 8-99]
Any violation of this chapter is declared to be a municipal infraction.
The penalty for violation shall be $50 for each initial offense and $100 for
each repeat offense.
