As used in this chapter, the following terms
shall have the meanings indicated:
CHARITABLE ORGANIZATION
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.
CONTRIBUTION
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.
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.
NEWSPAPER
A paper that is distributed and contains news, articles of
opinion and advertising. This definition includes community newspapers
and pennysavers.
PEDDLER
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.
PERSON
A natural person, corporation, partnership, association,
joint-stock company, society or any other entity of any kind.
PRODUCE
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.
SOLICITOR
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:
A.
Sells any goods, wares or merchandise, including
magazines and printed matter, or accepts subscriptions or orders therefor.
B.
Accepts or requests donations for any charitable
purpose.
All persons desiring a permit under the requirements
of this chapter shall register with the Talbot County Sheriff and
furnish the following information:
A. The name, home address and local address, if any,
of the applicant.
B. 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.
C. The name, address and telephone number for the firm
or corporation for whom or through whom orders are to be solicited
and cleared.
D. The nature of the goods, wares or merchandise for
which orders are to be solicited.
E. A statement as to whether the applicant has been convicted
of a felony or misdemeanor and, if so, what.
F. Current verification that the applicant holds a Maryland
sales tax identification number.
G. A copy of a valid state motor vehicle operator's license
(copy to be attached).
H. If the applicant is unable to meet the criteria of Subsection
G above, some other type of identification with picture (copy to be attached).
The provisions of this chapter shall not apply
to the following:
A. 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.
B. The peddling of seafood or seafood products of any
kind which have been taken from waters within the limits of the County.
C. 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.
D. 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.
E. Route deliverymen who make deliveries at least once
a week to regular customers and whose solicitation is only incidental
to their regular deliveries.
F. The delivery of newspapers.
G. School-affiliated groups (i.e., PTA, band boosters,
etc.), provided that the organization is associated with a school
located in Talbot County.
H. Organized youth teams based in Talbot County (baseball,
soccer, basketball, softball, field hockey, etc.).
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.