[HISTORY: Adopted by the County Council of Talbot County 1963, ch. 343; amended in its entirety 7-24-2001 by Bill No. 837. Subsequent amendments noted where applicable.]
It shall be unlawful for any person to publicly sell, hawk or peddle any articles of merchandise within the unincorporated boundaries of Talbot County without having first obtained a license from the Talbot County Sheriff, except as exempted herein.
In the areas of the County which are incorporated, it is the responsibility of the peddler/hawker to check for licensing requirements within those jurisdictions.
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 Section 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.
- 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
- Easton, Oxford, St. Michaels, Trappe, Queen Anne.
- 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.
- A paper that is distributed and contains news, articles of opinion and advertising. This definition includes community newspapers and pennysavers.
- 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.
- A natural person, corporation, partnership, association, joint-stock company, society or any other entity of any kind.
- 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.
- Any person, either principal or agent, who, 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:
Editor's Note: See 26 U.S.C. § 501.
All persons desiring a permit under the requirements of this chapter shall register with the Talbot County Sheriff and furnish the following information:
The name, home address and local address, if any, of the applicant.
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.
The name, address and telephone number for the firm or corporation for whom or through whom orders are to be solicited and cleared.
The nature of the goods, wares or merchandise for which orders are to be solicited.
A statement as to whether the applicant has been convicted of a felony or misdemeanor and, if so, what.
Current verification that the applicant holds a Maryland sales tax identification number.
A copy of a valid state motor vehicle operator's license (copy to be attached).
The provisions of this chapter shall not apply to the following:
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.
The peddling of seafood or seafood products of any kind which have been taken from waters within the limits of the County.
Members of any civic or charitable organization who are registered with the Talbot County Sheriff's Department, 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.
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.
Route deliverymen who make deliveries at least once a week to regular customers and whose solicitation is only incidental to their regular deliveries.
The delivery of newspapers.
School-affiliated groups (i.e., PTA, band boosters, etc.), provided that the organization is associated with a school located in Talbot County.
Organized youth teams based in Talbot County (baseball, soccer, basketball, softball, field hockey, etc.).
Upon furnishing the information required under § 107-3, the applicant shall be issued a license by the Talbot County Sheriff as prescribed by the County Council of Talbot County at the fee established by the Council.
A license 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.
Each licensee shall at all times have on his person, while engaged in the purpose licensed under this chapter, the license issued hereunder and shall exhibit the same to any County official or police officer upon request.
If a peddler's license is lost or stolen, such shall be reported to the Talbot County Sheriff's Department within 10 days. Upon notification, the Department shall issue a replacement license at a cost to be set by the Common Council in the annual budget process.
No permit shall be issued under this chapter to any person under the age of 18 years.
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.
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.
No permit/license shall be transferred from one person to another.
A license will be revoked for fraud, misrepresentation or false statements made in the course of carrying on business as a peddler.
A license will be revoked for any violation of this chapter.
Within the unincorporated boundaries of Talbot 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 § 107-4 of this chapter.
All fees shall be established by the Talbot County Council in the annual budget process. Copies of the fee schedule will be available in the County Finance Office and the Talbot County Sheriff's Department.
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 six months, or both, for each violation. Each violation of this chapter is considered a separate offense.