[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.]
A.
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.
B.
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:
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[1] as a tax-exempt organization.
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.
Any building or room licensed for the handling of the products
enumerated in this chapter.
Easton, Oxford, St. Michaels, Trappe, Queen Anne.
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.
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.
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:
[1]
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:
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).
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.).
A.
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.
B.
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.
C.
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.
D.
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.
A.
No permit shall be issued under this chapter to any
person under the age of 18 years.
B.
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.
C.
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.
D.
No permit/license shall be transferred from one person
to another.
E.
A license will be revoked for fraud, misrepresentation
or false statements made in the course of carrying on business as
a peddler.
F.
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.
