[HISTORY: Adopted by the Town Council of the Town of Denton 7-11-2011 by Ord. No.
633. Amendments noted where applicable.]
GENERAL REFERENCES
Noise — See Ch. 85.
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
qualified under Section 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.
The Town of Denton Department of Planning and Codes Administration.
The Director of Planning and Codes Administration.
Any person who distributes or causes to be distributed on
any street or public place within the Town any subscription newspaper,
periodical, book, magazine, handbill, advertisement, circular, card,
pamphlet, or printed material of any kind other than a regularly delivered
newspaper, magazine, or periodical.
Any building or room licensed for the handling of products
enumerated in this chapter.
A type of indoor or outdoor merchandizing area where inexpensive
or secondhand goods are sold or bartered.
A peddler who sells his wares by outcry in the streets and
public places. Note: The activity of hawking is prohibited.
A seller of small articles, usually of cheap or shoddy quality,
or one engaged in haggling or making petty bargains. Note: The activity
of huckstering is prohibited.
Any person, without an established place of business within
the limits of the Town, selling or offering for sale from any cart,
wagon, truck, automobile, or other vehicle any fruits, vegetables,
garden produce, eggs, cheese, game, meat, poultry, seafood, or seafood
products.
All goods, wares, food, meat, fish, ice cream, fruits, vegetables,
magazines, periodicals, advertising material, printed material, farm
products, services, and orders or contracts for services, home improvements
or alterations, and anything that may be sold or distributed by peddlers,
solicitors, or distributors, as defined herein.
A paper that is distributed and contains news, articles of
opinion, and advertising. This definition includes community newspapers
and "penny savers."
Any person, either principal or agent, whether a resident
of the Town or not, engaged in business for profit who sells, takes
orders, offers for sale any commodity or article, going from house
to house, from place to place, or from street to street, or who sells
or offers for sale and delivery, traveling by foot, automotive vehicle,
or any other type of conveyance in the Town, or who engages in any
of the foregoing activities from a stationary location on the street
or other public place, any commodity or article, and carrying such
commodity for the purpose of selling and delivering the merchandise
to customers.
A natural person, corporation, joint-stock company, firm,
business trust, estate trust, partnership, organization, club, association,
society, two or more persons having a joint or common interest, or
any legal or commercial entity, or any principal or agent thereof.
Agricultural products, fruits, and vegetables.
A dwelling unit, including apartments and manufactured homes,
which is used as a dwelling or domicile by the occupant.
Any person, either principal or agent, whether a resident of
the Town or not, who goes from house to house, from place to place,
or from street to street, traveling by foot or automotive vehicle
or any other type of conveyance, soliciting, taking, or attempting
to take orders for the sale of merchandise or services of any kind
for present or future performance or delivery, whether or not such
individual has, carries or exposes for sale a sample of the merchandise
or services, and whether or not he is collecting advance payments
on such sales or orders, or who engages in any of the foregoing activities
from a stationary location on any street or other public place. The
word "solicitor" shall also include the word "canvasser," or any person
who goes from door to door, as described above, for the purpose of
soliciting and/or who collects funds, including donations for any
charitable purpose, from a stationary location on any street or other
public place.
Any person who attempts to take orders for subscriptions, contributions,
or any other kind of support, or who, without necessarily having the
intention of making a direct sale, distributes literature, pamphlets,
handbills, samples, and the like for commercial purposes.
A.
It shall be unlawful for any person to publicly sell, offer for sale,
peddle, or distribute any articles of merchandise, printed material,
or services within the Town of Denton (Town) without having first
filed an application for license, paid a license fee, and obtained
a license from the Town.
B.
The acts of hawking and huckstering shall be unlawful.
All persons desiring a license under the requirements of this
chapter shall, prior to engaging in such activity as defined in this
chapter, register with the Department of Planning and furnish, in
writing, on an application to be furnished by the Department of Planning,
the following information:
A.
Peddler, distributor, or flea market.
(1)
The applicant's name.
(2)
The permanent home address and local mailing address of the applicant.
(3)
The applicant's telephone number.
(4)
The name and address of the person by whom the applicant is employed
or with whom the applicant is associated.
(5)
The length of such employment or association.
(6)
The place of residence and nature of employment of the applicant
during the preceding 12 months.
(7)
A brief description of the nature of the business and the goods to
be sold and the name and address of the principal office of their
manufacturer, as well as the name and address of the agent designated
to receive service of process in the State of Maryland.
(8)
An estimate of the length of time and a statement of the part of
the Town in which the applicant will pursue his activities. The location
of sale, if intended to sell any commodity or article from an established
spot on a street or other public place.
(9)
Whether or not orders are to be solicited or taken for future delivery
of goods or performance of services.
(10)
The names and addresses of three persons who have known the applicant
for at least one year and from whom the applicant is willing that
inquiry be made to verify the facts stated by the applicant.
(11)
A copy of a valid state motor vehicle operator's license (copy
to be attached). If unable to meet the license criteria, some other
type of identification with a picture taken within 60 days immediately
prior to the date of filing of the application (copy to be attached).
(12)
A physical description of the applicant, setting forth the applicant's
age, height, weight, color of hair and eyes, and any other distinguishing
physical characteristics.
(13)
A statement as to whether or not the applicant has been convicted
of a crime, misdemeanor, or violations of any municipal ordinance,
other than a traffic violation, and the nature of the offense and
the punishment or penalty assessed thereafter.
(14)
The applicant's Maryland state retail sales tax number; the
address of any permanent place of business in the Town or the State
of Maryland or, if there is no permanent place of business in the
State of Maryland, a copy of a certificate from the State Department
of Assessments and Taxation evidencing the fact that the person has
qualified to do business in the State of Maryland and the name and
address of its agent for the service of process in this state if the
same is a corporation, limited partnership, or such other legal entity.
If the applicant is an individual or partnership, the same shall be
required to provide proof that he or it is qualified to do business
and has obtained all necessary licenses required by the State of Maryland
and the county requisite for the operation of said business.
B.
Solicitor. In the case of solicitation of contributions, one person
shall make application for the organization at least 30 days prior
to the proposed date the solicitation will begin, which application
shall give or be accompanied by the following:
(1)
Name and local residence of the applicant.
(2)
Name and official address of the organization represented and the
names and addresses of the organization's local officers and
managers.
(3)
Purpose of the solicitation.
(4)
Name and address of the person or persons who will be in direct charge
of conducting the solicitation.
(5)
A list of the names and addresses of all sponsors, promoters, and
solicitors connected with the solicitation.
(6)
An outline of the methods to be used in conducting the solicitation.
(7)
The dates when the solicitation is to be made, giving the commencement
and termination date.
(8)
A statement as to whether or not any commission, fee, wage, or other
compensation is to be paid in connection with such solicitation and,
if so, the details as to the amount to be expended from the funds
collected.
(9)
An IRS nonprofit tax certification shall be provided if the solicitor
is a nonprofit organization.
(10)
Each solicitation individual's information shall be provided as specified in § 92-3A if the solicitor is a for-profit organization.
(11)
A certificate of good standing from the Maryland Department of Taxation
indicating the solicitor is authorized to do business and in compliance
with the State of Maryland requirements.
A.
The Town shall promptly make such verification of the facts stated
by the applicant as the circumstances may require and shall complete
such verification in not more than 14 days after the filing of the
licensing statement.
B.
It shall be unlawful for the applicant to engage as a peddler within
the Town until the period of 14 days has elapsed or until the Town
has advised the applicant that the applicant has complied with the
requirements and the same have been sufficiently verified.
C.
If, as a result of such investigation, the applicant's background
or business responsibility is found to be unsatisfactory, the Director
of Planning shall endorse on such application his disapproval and
the Town's reasons for the same and shall notify the applicant
that his application is disapproved. Disapproval reasons are, but
shall not necessarily be limited to:
D.
If the results of such investigation are found to be satisfactory,
the Director of Planning shall endorse his approval on the application
and shall, upon the payment of the prescribed license fee, execute,
and deliver to the applicant his license. The Director of Planning
shall cause to be kept a record of all licenses issued and of all
complaints received, if any, concerning each license.
The Director of Planning may refuse to issue or renew, revoke, or suspend any license if he 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 § 92-4C. The Director of Planning may suspend, for a period up to 90 days, 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 refusal, revocation, suspension, or failure to renew shall be by written notice to the licensee and shall be delivered personally or sent by first-class mail to the licensee's local address listed in the application. The notice shall contain a statement of the reasons for the action taken.
A.
Licenses issued under this chapter may be revoked by the Director
of Planning after reasonable notice and hearing for any of the following
causes, but shall not necessarily be limited to:
(1)
Fraud, misrepresentation, or false statement contained in the application
for the license.
(2)
Fraud, misrepresentation, or false statement made in the course of
carrying on activities regulated herein.
(3)
Conviction of any crime or misdemeanor involving moral turpitude.
(4)
Conducting the business of soliciting and canvassing in an unlawful
manner, in violation of this chapter, or in such manner as to constitute
a breach of the peace or menace to the health, safety, or general
welfare of the public.
B.
Notice of hearing for revocation of a license shall be given by the Director of Planning, in writing, setting forth the grounds of complaint and the time and place of hearing. Such notice shall be served personally upon the licensee or by certified mail, return receipt postage prepaid, to the licensee at the address given by the licensee in making application under § 92-3 herein, or shall be delivered by the agent of the Town in the same manner as a summons at least 10 days prior to the date set for hearing.
C.
Upon revocation, the certificate shall be surrendered to the Director
of Planning.
Any person aggrieved by the action of the Director of Planning in the denial of an application for a license as provided in § 92-3 of this chapter or in the decision with reference to the revocation of a license as provided in § 92-5 of this chapter shall have the right to appeal to the Mayor and Council. Such appeal shall be taken by filing with the Mayor and Council, within 14 days after notice of the action complained of has been mailed to such person's last known address, a written statement setting forth fully the grounds for the appeal. The Mayor and 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 § 92-5 of this chapter for notice of hearing on revocation. The Mayor and Council shall make written findings of fact as part of their decision. Any appeal of their decision shall be in accordance with Title 7, Chapter 200, of the Maryland Rules of Procedure.
A.
A license issued under this chapter shall be good for one year from
the date of issuance, unless a previous suspension or revocation has
been assessed, then the time may be limited.
B.
Every peddler or solicitor shall carry with him his 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 is so
engaged.
C.
The license shall remain the property of the Town and shall be surrendered
to the Town upon expiration, suspension, or revocation.
The holder of any expiring license under this chapter desiring a new license to be effective on the expiration of the existing license shall, not less than 30 nor more than 60 days before the expiration of the existing license, file a written application for renewal with the Town, giving the information set forth in § 92-3. The Town Council may set a renewal fee.
A.
No peddler shall ply his/her vocation on any street, sidewalk, park,
parkway, or in any other public place, including the public square,
unless authorized to do so by the Mayor and Town Council and said
peddler's license specifies that peddling in such public place
is permitted thereunder.
B.
No peddler shall be permitted to sell or offer for sale any goods,
commodities, foodstuffs, merchandise, or products of whatsoever nature
or kind from any parking space adjacent to any parking meter. This
restriction shall not apply during any special event sponsored by
the Town.
C.
No peddler selling from any vehicle going from place to place shall
be permitted to:
(1)
Sell from the same location for more than 30 minutes at any one time;
(2)
Sell within 300 feet of a permanent store, restaurant, or other business
location which offers for sale similar or competing products to those
of the licensed peddler; or
(3)
Sell within 300 feet of a designated Town special event, unless the
peddler is specifically licensed to operate at said event.
A.
No license shall be issued under this chapter to any person under
the age of 18 years.
B.
It shall be unlawful for any peddler or solicitor in plying his 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.
C.
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.
D.
No license shall be transferred from one person to another.
E.
No one shall peddle, solicit or distribute merchandise except between
the hours of 10:00 a.m. and dusk, unless specifically having been
invited into a house by the occupant or having made an appointment
with a person previously.
F.
No outdoor flea market shall operate except between the hours of
8:00 a.m. and 5:00 p.m.
G.
No one shall attempt to peddle, solicit, or distribute merchandise
or printed material without first having identified himself as a peddler,
solicitor, or distributor registered with the Town and having displayed
his certificate or credentials, in the case of the solicitation of
funds.
H.
No one shall have exclusive right to any location in the public streets
or operate in any congested area where his operations might impede
or inconvenience the public.
I.
It shall be unlawful to enter or attempt to enter the residence of
any person in the Town without an express invitation from the occupant
of such residence.
J.
It shall be prohibited to conduct himself in such a manner as to
become objectionable to or annoy an occupant of any residence.
K.
It shall be unlawful to shout, cry out, blow a horn upon any of the
streets, parks, or public places of the Town.
(1)
It shall be unlawful to shout, cry out, blow a horn, or ring a bell
or use any sound-making or amplifying device upon private premises
where sound of sufficient volume is produced or emitted therefrom
to be capable of being plainly heard upon the streets, avenues, parks,
or other public places of the Town or upon private premises for the
purpose of attracting attention to any merchandise or services.
(2)
Use of any sound-making or amplifying device upon any of the streets,
parks, or public places of the Town shall be reviewed and approved
by the Department of Planning as part of the permitting process.
L.
It shall be unlawful to distribute obscene merchandise or printed
material or that which advocates unlawful conduct.
M.
It shall be unlawful to litter the streets, public places, or properties
within the Town with any merchandise or printed material.
N.
It shall be unlawful to place flyers on motor vehicles (e.g., windshields).
A.
No license shall be issued until the proper fees have been paid to
the Town office:
B.
Fees for such licenses shall be as set by the Mayor and Town Council
from time to time. Fees shall be based upon the number of persons,
vehicles and days of operation. The Mayor and Town Council may require
the posting of cash or other appropriate bond to insure compliance
with the provisions of this chapter.
C.
License classifications.
The following persons or organizations are exempt or partially
exempt from the licensing procedure, upon compliance with all other
provisions of this chapter and submission of applicable identification
and documents to support the claim to exemption:
A.
Any itinerant food products dealer.
B.
Any person engaged in the delivery of goods, wares, or merchandise
or other articles or things, in the regular course of business, to
the premises of persons who had previously ordered the same or were
entitled to receive the same by reason of a prior agreement.
C.
Any persons selling products or services at a Main Street managed
farmers' market.
D.
Any persons selling products or services at a Town- or county-sponsored
or -sanctioned event.
F.
Newsboys.
G.
Persons selling personal property at wholesale to dealers in such
articles.
H.
Persons conducting a bona fide auction sale pursuant to law or a
sale required by statute or by order of any court.
I.
Any veteran who holds a special license under the laws of the State
of Maryland shall be exempt from securing a license or paying the
fee as provided herein, but shall be required to comply with all other
applicable sections of this chapter and shall be required to register
with the Director of Planning and obtain a license, which will be
issued by the Director of Planning upon proper identification and
exhibition of such state license.
J.
All persons engaged in a business or occupation for which they are required to obtain a state license shall be exempt from the fees imposed under § 92-11 hereof, provided that application is made for a license and the requisite state license is presented for inspection by the Town prior to issuance of the license required herein.
K.
Any person who is a member of a volunteer fire department or an approved
agent of the fire department and is serving the Town and its environs.
L.
Any public utility or its employees, which said public utility is
subject to regulation by the State Board of Public Works; provided,
however, that such employees shall display the identification badge
or card issued by their employer.
Any violation of the provisions of this chapter, whether by
a principal agent or an employee of another, shall constitute a municipal
infraction. The penalties for such municipal infraction shall be as
follows:
If any section, subsection, sentence, clause or phrase, or portion
of this chapter is for any reason held invalid or unconstitutional
by any court of competent jurisdiction, such portion shall be deemed
a separate, distinct, and independent provision and such holding shall
not affect the validity of the remaining portions of this chapter,
it being the intent of the Mayor and Council that this chapter shall
stand, notwithstanding the invalidity of any section, subsection,
sentence, clause, phrase or portion hereof.
