Cecil County, MD
 
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of County Commissioners (now County Council) of Cecil County 6-23-1992. Amendments noted where applicable.]
GENERAL REFERENCES
Auctioneers — See Ch. 148.
Curfew — See Ch. 180.
Parks and recreation — See Ch. 261.

§ 265-1 Permit required.

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.

§ 265-2 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
A. 
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.
B. 
A fire company which is organized for the prevention and extinguishment of fires.
CONTRIBUTION
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.
ESTABLISHED PLACE OF BUSINESS
Any building or room licensed for the handling of the products enumerated in this chapter.
INCORPORATED TOWN
Cecilton, Charlestown, Chesapeake City, Elkton, North East, Perryville, Port Deposit and Rising Sun.
ITINERANT RETAIL PRODUCE DEALER
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.
ITINERANT RETAIL SEAFOOD DEALER
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.
NEWSPAPER
A paper that is distributed and contains news, articles of opinion and advertising. This definition includes community newspapers and pennysavers.
PEDDLER
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.
PERSON
A natural person, corporation, partnership, association, joint-stock company, society or any other entity of any kind.
PRODUCE
Agricultural products, fruits and vegetables.
RESIDENTIAL PREMISES
A house, apartment, condominium, cooperative or mobile home which is used as a dwelling place or domicile by the occupant.
SOLICITOR
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:
A. 
Selling any goods, wares or merchandise, including magazines and printed matter, or accepts subscriptions or orders therefor.
B. 
Accepting or requesting donations for any charitable purpose.

§ 265-3 Registration requirements.

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).
H. 
If the applicant is unable to meet the criteria of Subsection G above, some other type of identification with picture is required (copy to be attached).

§ 265-4 Exemptions.

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.).

§ 265-5 Issuance, term and display of permit; lost or stolen permits.

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]

§ 265-6 Prohibitions; revocation of permits.

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.
B. 
Revocation of permits.
(1) 
A permit will be revoked for fraud, misrepresentation or false statements made in the course of carrying on business as a peddler.
(2) 
A permit will be revoked for any violation of this chapter.

§ 265-7 Hours of operation.

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.

§ 265-8 Violations and penalties.

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.

§ 265-9 Fees.

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.