[HISTORY: Adopted by the Mayor and Council of the Town of Rock Hall
during codification 8-10-1979 by Ord. No. 79-15
(see Ch. 1, General Provisions, Art. II). Amendments noted where applicable.]
GENERAL REFERENCES
Fees — See Ch. 102.
Licensing — See Ch. 76.
It shall be unlawful for any peddler, hawker, vendor, canvasser or solicitor,
as hereinafter defined, to engage in such activity within the Town of Rock
Hall without first obtaining a license therefor in accordance with the provisions
of this chapter.
When used in this chapter, the following terms shall have the following
meanings:
Shall be deemed to be in the category of peddler, hawker, vendor,
solicitor or canvasser, as set forth below.
Includes any person, whether a resident of the Town of Rock Hall
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 place.
Includes any person, whether a resident of the Town of Rock Hall
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 of 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 place.
A.
Applicants for a license under this chapter shall file
with the Town Clerk a sworn application, in writing on a form to be furnished
by the Town Clerk, which shall give the following information:
(1)
Name and description of the applicant.
(2)
Permanent home address and local mailing address, if
any, of the applicant.
(3)
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.
(4)
If employed, the name and address of the employer.
(5)
The length of time for which the right to do business
is desired.
(6)
The applicant's fingerprints, at the request of
the Police Chief.
(7)
A statement as to whether or not the applicant has been
convicted of any 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 therefor.
(8)
Whether or not orders are to be solicited or taken for
future delivery of goods or performance of services.
B.
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 original shall
be referred to the Police Chief, who shall cause to be made such investigation
of the applicant's business and moral character as he deems necessary
for the protection of the public welfare.
B.
If, as a result of such investigation, the applicant's
character or business responsibility is found to be unsatisfactory, the Police
Chief shall endorse on such application his disapproval and his reasons for
the same and return the application to the Town Clerk, who shall notify the
applicant that his application is disapproved.
C.
If, as a result of such investigation, the character
and business responsibility of the applicant are found to be satisfactory,
the Police Chief shall endorse his approval on the application, returning
the application to Town Clerk, who shall, upon payment of the prescribed license
fee, execute and deliver to the applicant his license. The Clerk shall keep
a record of all licenses issued and of all complaints received, if any, concerning
each license.
A fee as provided in Chapter 102, Fees, shall be paid by each applicant upon the issuance of each license, except as otherwise provided by law.
All licenses issued must be worn or displayed 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 Police Chief 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 breach of the peace or 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 addresses given by the licensee in making application under § 163-3 herein, at least five days prior to the date set for hearing.
Any person aggrieved by the action of the Police Chief or the Town Clerk in the denial of an application for a permit or license as provided in § 163-4 of this chapter or in the decision with reference to the revocation of a license as provided in § 163-8 of this chapter shall have the right of appeal to the Mayor and Council of the Town of Rock Hall. 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 § 163-8 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.
The equipment used or employed by peddlers, hawkers and vendors of ice
cream, foods, beverages, confections and other related commodities shall be
maintained in a clean and sanitary manner and be subject to inspection by
and comply with the rules and regulations of the Kent County Health Department
and the ordinances of the Town of Rock Hall.
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 issued 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 Clerk and obtain a permit, which will be issued by the Clerk
upon proper identification and exhibition of such state license.
C.
Certain organizations.
(1)
Any nonprofit religious, charitable, educational, civic or veteran's 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 item of literature or merchandise for which a fee is charged or solicited from persons other than members of such organization, at any place or places within the Town of Rock Hall, for a charitable, religious, patriotic or philanthropic purpose, shall be exempt from the provisions of §§ 163-3, 163-4 and 163-5 of this chapter, provided that there is filed a sworn application, in writing, with the Town Clerk or Police Chief which shall give the following information:
(a)
Name and purpose of the cause for which the permit is
sought.
(b)
Name and address of the organization.
(c)
Period during which solicitation is to occur.
(d)
Name and address of each agent or representative who
will conduct solicitations and the length of time that said agent or representative
has been employed or affiliated with such organization, society, association
or corporation.
(2)
Upon being satisfied that such person, organization,
society, association, etc., is a bona fide nonprofit religious, charitable,
educational, patriotic or philanthropic organization and that the agents or
representatives who shall conduct the solicitations are of good moral character
and reputation, the Town Clerk or Police Chief shall issue a permit, without
charge to such organization, association or corporation, to solicit in the
town. Such organization, association, society, corporation, etc., shall furnish
to all its members, agents or representatives conducting solicitation credentials,
in writing, stating the name of the agent and the duration and purpose of
solicitation.
D.
Any school, political or civic organization, benevolent
society, service club or organization not operated for profit, which is located
in or has substantial membership from the Town of Rock Hall, is hereby exempt
from the provisions of this chapter.
[Amended 5-5-1994 by Ord. No. 94-4]
Violations of this chapter shall be punishable as a municipal infraction.
Violators shall be subject to a fine not to exceed $100. Repeat offenders
may be assessed a fine not to exceed $200 for each offense.
