Town of Myersville, MD Chapter 100 Peddling and Soliciting

[HISTORY: Adopted by the Town Council of the Town of Myersville 8-10-1999 (Section 403 of the 1999 Code of Ordinances); amended in its entirety 2-8-2022 by Ord. No. 2021-16; subsequent amendments noted where applicable.]

§ 100-1 License required.

No person, firm or corporation shall hawk, sell, peddle, vend, solicit or offer for sale at retail within the public right-of-way, or go from house to house for the purpose of hawking, selling, peddling, vending, soliciting or offering for sale any merchandise, products, food, goods or services of any kind unless such person shall have previously obtained a peddler and solicitor license from the Town Clerk.

§ 100-2 License duration, fees, and transferability.

A. Each license issued by the Town shall be valid for a period of 90 days and shall automatically expire after that period.

B. A filing fee shall accompany each application for a peddler and solicitor license. The fee shall be established, from time to time, by the Town Council. The fee schedule shall be maintained on file in the office of the Town Clerk.

C. A peddler and solicitor license issued by the Town shall not be transferable.

§ 100-3 Application requirements.

Each applicant for a peddler and solicitor license, as required by this chapter, shall be required to provide:

A. Full name of applicant.

B. Address or place of residence.

C. Business or employer name.

D. Business or employer address.

E. Description of merchandise, products, food, goods or services being sold, offered for retail, or solicited.

F. The proposed location of operation.

G. If the applicant intends to operate door to door.

H. A current form of valid federal- or state-issued photo identification.

§ 100-4 Regulations and restrictions.

A. No licensee shall operate in a manner which impedes, hinders or obstructs vehicular or pedestrian traffic within the public right-of-way.

B. No licensee, shall hawk, sell, peddle, vend, solicit or offer for sale at retail any merchandise, products, food, goods or services on public property which is owned, rented or leased by the Town of Myersville without the approval of the Town Council.

C. Licensees are restricted to operation within the area specified on the approved license.

D. Licensees may not hawk, sell, peddle, vend or solicit from the same location for a period of more than eight consecutive hours.

E. Licensees may not operate between the hours of 8:00 p.m. and 7:00 a.m. each day.

F. Licensees must display the approved vendor and solicitor license issued by the Town at all times during hours of operation.

§ 100-5 Denial or revocation of license; appeal.

A. The Town Clerk may refuse to issue or to renew a license, or may revoke any license issued under this chapter, if the Town Clerk finds that the applicant has willfully submitted false or misleading information on the license application or misrepresented any fact therein. The Town Clerk may revoke or refuse to renew any license upon a finding that the licensee, while vending, peddling, or dealing, has engaged in fraud or willful misrepresentation, has violated any of the provisions 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 denial, revocation or failure to renew shall be by written notice to the applicant or licensee, delivered personally or sent by certified mail to the licensee's address as listed in the application. The notice shall contain a statement of the reason for the action taken.

B. Any person aggrieved by the action of the Town Clerk in the denial, revocation or failure to renew a license as provided in this chapter shall have the right of appeal to the Mayor and Town Council. Such appeal shall be filed with the Mayor, within 15 days after receipt of notice of the action complained of, in a written statement setting forth fully the grounds for the appeal. The Mayor shall set a time and place for a hearing on such appeal within 30 days of the filing of the request for appeal, and notice of such hearing shall be given to the appellant at least 10 days prior to the hearing. The decision and order of the Mayor and Council on such appeal shall be final and conclusive and shall be appealable pursuant to Maryland law for administrative appeals.

§ 100-6 Severability.

The provisions of this chapter are severable. If any provision of this chapter or its application to any person or circumstances is held to be invalid, such invalidity shall not affect any other provision or applications of this chapter which can be given effect without the invalid provision or application.

§ 100-7 Violations and penalties.

Any person who willfully violates any provision of this chapter shall, upon conviction, be guilty of a Class H municipal infraction, and shall be subject to the fines as set forth in Chapter 20. Any and all court costs and/or costs of prosecution shall be paid by the violator upon conviction, in addition to the penalties provided for in this section.