[HISTORY: Adopted by the Mayor and Council of the Town of Hampstead 7-4-1949
by Ord. No. 108; amended in its entirety 11-11-1997
by Ord. No. 303. Subsequent amendments noted where applicable.]
No person shall hawk, peddle, vend, solicit or canvass any goods, wares
or merchandise of any description upon the streets, alleys or highways of
the Town, nor shall any itinerant peddler go from house to house to vend or
sell any goods, wares or merchandise, either by sample or otherwise, without
having first applied to the Clerk of the Town of Hampstead and taken out a
license therefor as provided in the following.
When used in chapter, the following terms shall have the following meanings:
In the category of peddler, hawker, vendor, solicitor or canvasser,
as set forth below.
Includes any person, whether a resident of the Town of Hampstead
or not, traveling either by foot, vehicle or any other type of conveyance,
who goes from house to house, from place to place or from street to street
conveying or transporting goods, wares or merchandise and offering or exposing
the same for sale or making sales and delivering articles to purchasers, or
who engages in any of the foregoing activities from a stationary location
on the street or other public places.
Includes any partnerships, partner, corporation or corporations or
persons.
Includes any person, whether a resident of the Town of Hampstead
or not, who goes from house to house, from place to place or from street to
street soliciting or taking or attempting to take orders for the sale or services
to be performed in the future, whether or not such individual has, carries
or exposes for sale a sample of the subject for such order and whether or
not he is collecting advance payments on such orders, or who engages in any
of the foregoing activities from a stationary location on the street or other
public places.
Nothing contained in this chapter shall be construed to apply to sales
made under any judicial process as to any sales made by auctioneers.
Applicants for a license under this chapter shall file with the Town
Manager a sworn application in writing on a form to be furnished by the Town
Manager, which shall give the following information:
A.
The name and description of the applicant.
B.
The permanent home address and local mailing address,
if any, of the applicant.
C.
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.
D.
If employed, the name and address of the employer.
E.
The length of time for which the right to do business
is desired.
F.
A photograph of the applicant taken within 60 days immediately
prior to the date of filing of the application.
G.
The applicant shall be fingerprinted at the request of
the Town Manager.
H.
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.
I.
Whether or not orders are to be solicited or taken for
future delivery of goods or performance of services.
J.
The names and addresses of at least three persons who
have known the applicant for at least one year and from whom the applicant
or registrant is willing that inquiry may be made to verify the facts stated
by the applicant or registrant.
K.
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 dealer 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 permits and licenses required by the State of Maryland
and the county requisite for the operation of said business.
The time of solicitation, peddling, hawking, vending and canvassing
shall be between the hours of 9:00 a.m. and 7:00 p.m.
A.
Upon receipt of such application, the Town Manager shall
cause to be made such investigation of the applicant's criminal background
and business practices as he or she deems necessary for the protection of
the public welfare.
B.
If, as a result of such investigation, the applicant's
background or business responsibility is found to be unsatisfactory, the Town
Manager shall endorse on such application his disapproval and his reasons
for the same and shall notify the applicant that his application is disapproved.
C.
If the results of such investigation are found to be
satisfactory, the Town Manager 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 Town Manager shall cause to be kept a record
of all licenses issued and of all complaints received, if any, concerning
each license.
A fee of $50 shall be paid by each applicant upon the issuance of each
license, except as otherwise provided by law.
All licenses issued must be worn in such a manner as to be readily visible
when engaged in the activities regulated herein.
All licenses issued under this chapter shall expire at the end of the
calendar year in which they are issued. Licenses shall not be transferable
and must be surrendered after expiration before a renewal license can be issued.
A.
Licenses issued under this chapter may be revoked by
the Town Manager after reasonable notice and hearing for any of the following
causes:
(1)
Misrepresentation or false statement contained in the
application for the license.
(2)
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 menace to the health, safety or general welfare of the public.
B.
Notice of hearing for revocation of a license shall be given 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 mailed postage prepaid to the licensee at the address given by the licensee in making application under § 79-4 herein, at least 10 days prior to the date set for hearing.
Any person aggrieved by the action of the Town Manager in the denial of an application for a permit or license as provided in § 79-6 of this chapter or in the decision with reference to the revocation of a license as provided in § 79-10 of this chapter shall have the right to appeal to the Mayor and Council of Hampstead. 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 § 79-10 of this chapter for notice of hearing on revocation. The decision and order of the Mayor and Council on such appeal shall be final and conclusive.
A.
This chapter shall not be construed to include the selling
of any article at wholesale to dealers in such articles or the delivery of
milk, eggs, bread, newspapers or other such necessary and perishable articles
of food or merchandise of a type commonly delivered on a house-to-house basis
at intervals of less than one week.
B.
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 Town Manager and obtain a permit, which will be issued by the Town Manager
upon proper identification and exhibition of such state license.
C.
Certain organizations. Any nonprofit religious, charitable,
educational, civic or veterans organization, society, association, service
club, volunteer first aid or fire company, etc. desiring to solicit or have
solicited in its name money, donations of money or property or financial assistance
of any kind or desiring to sell or distribute any items of literature or merchandise
for which a fee is charged or solicited from a person other than members of
such organizations at any place or places within the Town of Hampstead for
a charitable, religious, patriotic or philanthropic purpose shall be exempt
from the provisions of this chapter. Nor shall this chapter apply to solicitation
for political purposes.
Any person violating any of the provisions of this chapter shall be
deemed guilty of a municipal infraction, punishable by a fine of not more
than $100.
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 jurisdictions, 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 of the Town of Hampstead that this chapter shall stand, notwithstanding
the invalidity of any section, subsection, sentence, clause, phrase or portion
hereof.
