[HISTORY: Adopted by the Mayor and City Council
of the City of Havre de Grace 6-5-1989 by Ord. No. 732. Amendments noted where
applicable.]
As used in this chapter, the following terms
shall have the meanings indicated:
Includes any vendor that sells any sort of food product for
consumption in the City limits from a truck, trailer, mobile smoker/frill
or pull-behind cart such as a hot dog cart.
[Added 8-17-2020 by Ord. No. 1039]
A peddler who sells his/her wares by outcry in the streets
and public places.
[Amended 8-17-2020 by Ord. No. 1039]
A person who is established in business in the City with
the intention and determination to remain for a short period of one
or more weeks or months, or until a particular stock of merchandise
is disposed of or until the local market for the commodity handled
by the dealer has been exhausted, and who, for such limited period,
engages or occupies a lot of ground or the improvements thereon or
a part thereof for the exhibition and sale of his goods or wares.
[Amended 8-17-2020 by Ord. No. 1039]
A person who goes from place to place and/or from house to
house carrying for sale and/or exposing for sale goods, wares and
merchandise which he/she carries; or a vendor of goods who sells and
delivers to customers the identical goods which he/she carries.
[Amended 8-17-2020 by Ord. No. 1039]
An individual, corporation, business trust, estate trust,
partnership, association, two or more persons having a joint or common
interest or any legal or commercial entity.
A person who, going from person to person, house to house,
or place to place, seeks orders, 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.
[Amended 3-20-2017 by Ord. No. 987; 8-17-2020 by Ord. No. 1039]
A.
It shall be unlawful for any peddler, hawker, itinerant
vendor, transient merchant, solicitor, or food truck operator to operate
within the limits of the City without a license issued by the Director
of Planning.
B.
It shall be unlawful for any peddler, hawker, itinerant vendor, transient merchant, solicitor, or food truck operator to operate within any area for which an area license has been granted, including any area for which an approved City special event permit has been granted, unless such person operates pursuant to the area license. Area licenses shall be issued in accordance with § 127-6B of this chapter.
A.
Application requirements.
(1)
Applications for a vendor's or solicitor's license
may be obtained from the Department of Planning.
[Amended 8-17-2020 by Ord. No. 1039]
(2)
Application for a vendor's or solicitor's license
may require such information and proof of identification as the Director
of Planning may deem appropriate.
(3)
Applications may require the disclosure of location
of the permanent residence of all persons operating pursuant to the
license.
B.
The Director of Planning shall issue the license applied
for after:
[Amended 8-17-2020 by Ord. No. 1039]
(1)
The applicant provides the information as requested
by the application and any further information requested by the Director
of Planning as may be necessary in the judgment of the Director of
Planning to identify persons or vehicles operating pursuant to the
herein required license.
(2)
The applicant pays the required license fee.
(3)
At the discretion of the Director of Planning, applications
may be referred to the Mayor and City Council at any time for final
determination.
[Amended 8-17-2020 by Ord. No. 1039]
The license shall be in a form to be determined
by the Director of Planning. The form of the license may vary with
the type or class of license. The license shall state the date of
issue, the date of expiration and the limits of the area of operation.
Anyone to whom a license is issued shall present the license to any
person for inspection upon demand.
Fees for such licenses shall be as set by the
Mayor and City Council from time to time. Fees shall be based upon
the number of persons, vehicles and days of operation. The Mayor and
City Council may require the posting of cash or other appropriate
bond to insure compliance with the provisions of this chapter.
A.
Individual licenses.
(1)
A one-year license shall permit up to two persons
and one vehicle to operate within the City for a period of one year.
Additional persons and vehicles may operate pursuant to any such license
for an additional fee.
(2)
A six-month license shall permit up to two persons
and one vehicle to operate within the City for a period of six months.
Additional persons and vehicles may operate pursuant to any such license
for an additional fee.
(3)
A daily license shall permit up to two persons and
one vehicle to operate within the City for a period of one day. Additional
persons and vehicles may operate pursuant to such license for an additional
fee.
B.
Area licenses. An area license shall be issued for
three or more itinerant vendors or transient merchants who will operate
in a defined area for the period specified in the license. The license
shall be issued to a person, the licensee, who shall determine and
make available to the Director of Planning the name and address of
all merchants operating pursuant to the license. The licensee shall
be responsible for any violation of this chapter.
[Amended 8-17-2020 by Ord. No. 1039]
C.
Group licenses. A group license shall be issued for
20 or more persons who will operate within the City limits for a period
specified in the license. The license shall be issued to a person,
the licensee, who shall determine and furnish the names and addresses
of all persons to operate pursuant to the license prior to the issuance
of the license. The licensee shall be responsible for any violation
of this chapter.
[Amended 8-17-2020 by Ord. No. 1039]
A.
All persons engaged in a business or occupation for which they are required to obtain a state or county license, other than Health Department licenses, shall be exempt from the fees imposed under § 127-5 hereof provided that application is made for a license, and the requisite state license is presented for inspection by the Director of Economic Planning prior to issuance of the license required herein.
B.
Nothing in this chapter shall apply to hawkers, peddlers,
itinerant vendors, transient merchants, solicitors or food truck operators
while dealing in oysters and fish in their unpreserved and natural
condition or fresh fruits, vegetables or other country produce or
home produce, provided that the seller is the grower, harvester or
home producer thereof.
[Amended 8-17-2020 by Ord. No. 1039]
It shall be unlawful for any peddler, hawker,
itinerant vendor, transient merchant, solicitor, or food truck operator
to operate within the City of Havre de Grace between the hours of
8:00 p.m. and 8:00 a.m.
Any person convicted of committing any unlawful
act as provided in this chapter shall be guilty of a misdemeanor.
If any unlawful act is continuing, then each day during which such
violation continues shall be considered a separate offense. In addition
to any criminal penalty which may be imposed, all the provisions of
this chapter may be enforced by petition for injunction filed on behalf
of the Mayor and City Council of Havre de Grace.
[Added 8-17-2020 by Ord. No. 1039]
A food truck operator must comply with the following requirements
to operate within the Havre de Grace City limits:
A.
Licenses.
(1)
Food
truck operators must possess a current Harford County Health Department
license.
(2)
Food
truck operators must possess a current insurance certificate and be
in good standing with the State of Maryland.
(3)
Food
truck operators must obtain a license to operate at one of the City's
approved locations. (See Exhibit A.)[1])
(a)
Four spaces at Hutchins Park.
(b)
Three spaces at the North Park (Conesteo Street loop).
(d)
On private property within the C/Commercial Zoning District.
[Added 12-5-2022 by Ord. No. 1090]
(e)
On private property within the RB/Residential Business Zoning District
and RO/Residential Office Zoning District, with the following conditions:
[Added 12-5-2022 by Ord. No. 1090]
[1]
The proposed location must have an existing nonresidential land use;
[2]
The Department of Planning will review the application and approve,
approve with conditions or deny the application based on location,
available parking, traffic concerns, and the health, safety and general
welfare of the public.
[1]
Editor's Note: Said exhibit is on file in the City offices.
(4)
[3]Food truck operators must keep the area within a twenty-five-foot
radius of his/her truck free of trash and food scraps.
[3]
Editor's Note: Former Subsection A(4), regarding conditions
for food truck operators to operate on private property, was repealed 12-5-2022 by Ord. No. 1090. This ordinance also redesignated former Subsection A(5)
through (9) as Subsection A(4) through (8).
(5)
Food
truck operators will not conduct business in a residentially zoned
portion of the City.
(6)
Food
truck operators will not display any signage other than what is lettered
on his/her food truck and up to two sandwich-style boards or similar
signs for the purpose of posting a food menu. Such sandwich board
signs must be located no farther than 15 feet from the food truck.
(7)
Food
truck operators must be self-contained, meaning that all water, wastewater
and electric shall be produced and managed by the food truck.
(8)
Waste
cooking oil, wastewater, and trash shall be removed by the operator
daily.
B.
License
terms and conditions.
(1)
A
license shall be issued under this chapter for a period of 90 days.
The license shall be $50 per ninety-day period per truck.
(a)
Locations will be assigned on a first-come-first-served basis.
(2)
Renewals
will only be accepted within five business days of an expiring license.
(3)
If
a licensee causes damage to City property, such licensee shall reimburse
the City of the damages caused. Further, no future license shall be
issued to the licensee until the reimbursed costs are fully paid.
