[HISTORY: Adopted by the County Council of Wicomico County 8-15-1972 by Ord. No. 39. Amendments noted where applicable.]
Peddlers — See Ch. 180.
Hawkers and peddlers — See the Business Regulation Article of the Annotated Code of Maryland, § 17-901.
As used in this chapter, the following terms shall have the meanings indicated:
- TRANSIENT MERCHANT
- Any person who displays samples, models, goods, wares or merchandise in any hotel or motel, inn, rooming house, store, club, storehouse, house or other place for the purpose of securing retail sale of such goods, wares or merchandise and who does not own said premises or is not the holder of a formal lease thereon; provided, however, that this definition shall not include farmers or the holders of booths in any fair, exposition or trade show.
[Amended 10-17-1972 by Ord. No. 39A]
No person shall engage in business as a transient merchant in Wicomico County unless he has secured and holds a current license as such issued upon application by the Sheriff of Wicomico County. There shall be a fee of $250 charged for the issuance of each and every license.
The Sheriff shall prepare and have available application forms for a transient merchant license, which shall require the following information:
His home address.
The firm or firms he represents, together with credentials establishing the relationship.
A brief description of the nature of the business and the kind of goods or commodities he desires to sell.
The exact location where the applicant proposes to sell his merchandise.
The proposed length of his occupancy.
Before such licenses are issued by the Sheriff of Wicomico County, the applicant will be required to post surety in the amount of $1,000. Such surety may be in cash or by surety bond with a company licensed to do business in the State of Maryland. Said bond shall be approved as to form and content by the County Attorney.
The condition of such bond shall be that said transient merchant will truly and well perform any and all contracts or sales orders made within Wicomico County; and more particularly that if said merchant takes orders for merchandise to be delivered at a future date and accepts payment in part or in full therefor, he will deliver said merchandise in a satisfactory condition within a period of four months from the date of said contract; a copy of which contract or sales order containing the full particulars thereof shall be delivered to the purchaser at the time of sale.
There shall be no forfeiture in respect to the four months' limitation where there is proof that nondelivery was due to strikes or other extraordinary events beyond the control of said merchant; however, in such event, the merchant shall, upon demand, promptly return in full the purchaser's deposit; and if he fails to do so, the bond shall be liable to the extent of purchaser's deposit.
The owner, proprietor or manager of any hotel, motel, inn, rooming house or other place of public accommodation shall, prior to the exhibition of the transient merchant's goods, wares, models or merchandise therein, notify the transient merchant of his need for a license from the Sheriff of Wicomico County; and shall request said transient merchant to exhibit his license prior to the solicitation of business on the rented premises. Upon failure of the transient merchant to exhibit his license prior to opening his exhibition and solicitation of business, the owner, proprietor or manager of the premises shall immediately notify the Sheriff of Wicomico County of the unlicensed exhibition and solicitation of business by the transient merchant.
[Amended 3-6-1973 by Ord. No. 39B]
Any person violating the provisions of this chapter shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $500 for each offense, and every day that a violation of this chapter shall continue shall constitute a separate and distinct offense.