[HISTORY: Adopted by the Board of County Commissioners (now
County Council) of Cecil County 6-23-1992. Amendments noted where applicable.]
A.
It shall be unlawful for any person to publicly sell, hawk or peddle
any articles of merchandise within the unincorporated boundaries of
Cecil County without having first obtained a permit from the Cecil
County Department of Permits and Inspections, except as exempted herein.
B.
In the areas of the County which are incorporated, it is the responsibility
of the peddler/hawker to check for license or permit requirements
within those jurisdictions.
As used in this chapter, the following terms shall have the
meanings indicated:
Any benevolent, philanthropic, patriotic, not-for-profit, educational,
religious or eleemosynary group, association or corporation which
qualifies under § 501 of the Internal Revenue Code as a
tax-exempt organization.
A fire company which is organized for the prevention and extinguishment
of fires.
The promise or grant of any money, credit, property, financial
assistance or any other thing of value, including payments for literature
in excess of the fair market value of said literature.
Any building or room licensed for the handling of the products
enumerated in this chapter.
Cecilton, Charlestown, Chesapeake City, Elkton, North East,
Perryville, Port Deposit and Rising Sun.
Any person without an established place of business within
the limits of the County, selling or offering for sale from any cart,
wagon, truck, automobile or other vehicle any fruits, vegetables,
garden produce, eggs, cheese, game, veal, pork, mutton, lamb, rabbits
or poultry.
Any person without an established place of business within
the limits of the County, selling or offering for sale from any cart,
wagon, truck, automobile or other vehicle any seafood or seafood products.
A paper that is distributed and contains news, articles of
opinion and advertising. This definition includes community newspapers
and pennysavers.
Any person, either principal or agent, who in/on any public
street, road or highway or public place or from any vacant property,
whether publicly or privately owned, or by going from place to place
or house to house, delivers or distributes advertising material, literature,
pamphlets, samples or handbills or sells or offers for sale, barter
or exchange any goods, wares, merchandise, service or any other article
or thing whatsoever, either in his possession or not in his possession,
either for immediate or future delivery.
A natural person, corporation, partnership, association,
joint-stock company, society or any other entity of any kind.
Agricultural products, fruits and vegetables.
A house, apartment, condominium, cooperative or mobile home
which is used as a dwelling place or domicile by the occupant.
Any person, either principal or agent, who acts, in any public
street, road or highway or public place or from any vacant property,
whether publicly or privately owned, or by going from place to place
or house to house for the following purposes:
All persons desiring a permit under the requirements of this
chapter shall register with the Department of Permits and Inspections
and furnish the following information:
A.
The name, home address and local address, if any, of the applicant.
B.
A physical description of the applicant, setting forth the applicant's
age, height, weight and color of hair and eyes, and any other distinguishing
physical characteristics of the applicant.
C.
The name, address and telephone number for the firm or corporation
for which or through which orders are to be solicited and cleared.
D.
The nature of the goods, wares or merchandise for which orders are
to be solicited.
E.
A statement as to whether the applicant has been convicted of a felony
or misdemeanor and, if so, what.
F.
Current verification that the applicant holds a Maryland sales tax
identification number.
G.
A copy of a valid state motor vehicle operator's license (copy to
be attached).
The provisions of this chapter shall not apply to the following:
A.
The peddling of farm produce by farmers or persons who produce such
goods. The term "farm produce" shall be interpreted to mean only edible
farm products.
B.
The peddling of seafood or seafood products of any kind which have
been taken from waters within the limits of the County.
C.
Members of any civic or charitable organization who are registered
with the Cecil County Department of Permits and Inspections, when
the names of the solicitors have been listed as such members and the
organization has provided each person with an approved means of identification
of the organization represented.
D.
The delivery of food, goods, wares, merchandise, magazines, periodicals,
produce, services or commodities previously ordered by the occupant
of the premises to which the same is delivered or on which the services
are to be performed.
E.
Route deliverymen who make deliveries at least once a week to regular
customers and whose solicitation is only incidental to their regular
deliveries.
F.
The delivery of newspapers.
G.
School-affiliated groups (i.e., PTA, band boosters, etc.), provided
that the organization is associated with a Cecil County school.
H.
Cecil County organized youth teams (baseball, soccer, basketball,
softball, field hockey, etc.).
A.
Upon furnishing the information required under § 265-3, the applicant shall be issued a permit by the Department of Permits and Inspections.
[Amended 11-13-2012 by Ord. No. 2012-12]
B.
A permit issued under this chapter shall be good for one year, beginning
on January 1 and expiring on December 31 of the same year, unless
revoked as provided for in this chapter.
C.
Each permittee shall at all times have on his person, while engaged
in the purpose permitted under this chapter, the permit issued hereunder
and shall exhibit the same to any County official or police officer
upon request.
D.
If a peddler's permit is lost or stolen, such shall be reported
to the Department of Permits and Inspections within 10 days. Upon
notification, the Department shall issue a replacement permit at a
cost established from time to time by the County.
[Amended 11-13-2012 by Ord. No. 2012-12]
A.
Prohibitions.
(1)
No permit shall be issued under this chapter to any person under the age of 18 years. However, persons under the age of 18 years may peddle or solicit in connection with transactions as defined in § 265-4.
(2)
It shall be unlawful for any peddler or solicitor in plying his/her
trade to enter upon any premises or property or to ring the doorbell
or knock upon or enter any building whereon there is painted or otherwise
affixed or displayed to the public view any sign containing any or
all of the following words: "No Peddlers, No Solicitors, No Agents,"
or other wording, the purpose of which purports to prohibit peddling
or soliciting on the premises.
(3)
It shall be unlawful to remain in a private residence or on the premises
thereof after the owner or the occupant has requested such person
to leave.
(4)
No permit shall be transferred from one person to another.
Within the unincorporated boundaries of Cecil County, soliciting or peddling shall be prohibited before the hour of 9:00 a.m. or after the earlier of 1/2 hour after sunset or 8:00 p.m. Except as otherwise provided, this provision shall not apply to transactions under § 265-4 of this chapter.
Any person who violates any provision of this chapter is guilty
of a misdemeanor and shall be subject, upon conviction thereof, to
a fine not to exceed $500 or imprisonment not to exceed three months,
or both, for each violation. Each violation of this chapter is considered
a separate offense.
All fees shall be established by resolution by the Cecil County
Council as provided for by law. Copies of the fee schedule will be
available in the office of the Cecil County Council and the Department
of Permits and Inspections.
