[HISTORY: Adopted by the Mayor and Council
of the Town of Manchester 3-15-1977 (Ch. 77 of the 1979 Code). Amendments noted where applicable.]
This chapter is adopted to regulate the distribution
of certain materials, peddling, soliciting and related activities
within the Town of Manchester. The registration of persons engaged
in the above-mentioned activities is required so that the identity
of persons going door to door or distributing materials within the
Town may be established, so that general regulations may be more effectively
enforced, for the protection and maintenance of the health, safety
and welfare of the inhabitants of the Town and to prevent dishonest
business practices and dishonest solicitation of funds in the Town.
As used in this chapter, the following terms
shall have the meanings indicated:
Any person who distributes or causes to be distributed on
any street or public place within the Town any newspaper, periodical,
book, magazine, handbill, circular, card or pamphlet or printed material
of any kind.
All goods, wares, food, meat, fish, ice cream, fruits, vegetables,
magazines, periodicals, printed material, farm products, services
and orders or contracts for services, home improvements or alterations
and anything that may be sold or distributed by peddlers, solicitors
or distributors, as defined herein.
Any person, whether a resident of the Town or not, who goes
from house to house, from place to place or from street to street,
traveling by foot or automotive vehicle or any other type of conveyance,
carrying or transporting merchandise for the purpose of selling and
delivering the merchandise to customers. The word "peddler" shall
also include the words "hawker" and "huckster."
Any individual, firm, partnership, corporation, organization,
club, association or any principal or agent thereof.
Any person, whether a resident of the Town or not, who goes
from house to house, from place to place or from street to street,
traveling by foot or automotive vehicle or any other type of conveyance,
soliciting, taking or attempting to take orders for the sale of merchandise
or services of any kind for present or future performance or delivery,
whether or not such individual has, carries or exposes for sale a
sample of the merchandise or services and whether or not he is collecting
advance payments on such sales or orders, or who engages in any of
the foregoing activities from a stationary location on any street
or other public place. The word "solicitor" shall also include the
word "canvasser," political candidates or religious organizations
or those going door-to-door on their behalf, persons engaged in fundraising,
those distributing merchandise, printed material or services, and
any person who goes from door to door, as described above, for the
purpose of soliciting and/or who collects funds from a stationary
location on any street or other public place.
[Amended 6-11-2019 by Ord. No. 240]
Any person engaging in the activities commonly referred to
as "transient merchant" or "itinerant vendor," who merchandises or
sells with the intent to close out or discontinue such business within
a period of one year from the date of commencement and occupies a
room, building, tent, lot or other premises for the purpose of selling
merchandise.
[Amended 6-11-2019 by Ord. No. 240]
It shall be unlawful for any peddler, solicitor,
distributor or transient merchant to sell, offer for sale, recruit,
solicit votes or support, fundraise, otherwise solicit, or distribute
merchandise, printed material or services within the Town without
first registering with, filing an application for registration with,
paying a registration fee to, and obtaining a registration certificate
from, the Town of Manchester.
Upon obtaining a registration certificate as
hereinafter provided, a peddler, solicitor, distributor or transient
merchant may conduct his activities within the Town only as long as
he adheres to the regulations set forth herein and carries the registration
certificate upon his person at all times during the conduct of his
activities. The registration certificate shall identify the person
and the type of activity for which he has registered and shall be
shown to any person or police officer upon request. All certificates
shall expire December 31 of the calendar year in which they are issued.
Every applicant for a certificate under this
chapter shall file with Director of Finance or authorized agent a
sworn, written application, on a form to be furnished by said Director
or authorized agent, which shall give or be accompanied by the following
information or documents:
A.
The name and description of the applicant.
B.
The permanent home address and full local address
of the applicant.
C.
A brief statement of the nature of the business and
a description of the merchandise or service to be sold.
D.
If employed, the name and address of the employer,
together with credentials establishing the exact relationship.
E.
The length of time for which the certificate is desired.
F.
If a vehicle is to be used, a description of such
vehicle and its license number.
G.
The place where the merchandise or services to be
sold or offered for sale are manufactured or produced, where such
goods or property are located at the time such application is filed
and the proposed method of delivery.
H.
Two photographs of the applicant taken within 60 days
immediately prior to the date of the application, which photographs
shall clearly show the head and shoulders of the applicant and shall
measure two inches by two inches.
I.
Two business references located in the County of Carroll,
State of Maryland, or in lieu thereof, such other available evidence
of the character and business responsibility of the applicant as will
enable an investigator to properly evaluate such character and responsibility.
J.
A statement as to whether the applicant has been convicted
of any crime, misdemeanor or violation of any municipal ordinance,
the nature of the offense and the punishment or penalty assessed therefor.
K.
The fingerprints of the applicant.
A.
When the application is properly filled out and signed
by the applicant, the original and duplicate thereof shall be filed
with the Chief of Police, who shall make or cause to be made within
five days such investigation of the applicant's business responsibility
and character as he deems necessary for protection of the public good.
B.
If as a result of such an investigation the applicant's
character or business responsibility is found to be unsatisfactory,
the Chief of Police shall endorse on such application his disapproval
and his reasons therefor. Any determination by the Chief of Police
that an application is unsatisfactory shall be based on one or more
of the following findings with respect to the applicant:
C.
In the absence of any such finding, the Chief of Police
shall find the application satisfactory and shall endorse his approval
on the application.
A.
If an application is found unsatisfactory by the Chief
of Police, the Chief shall notify the applicant, by mail, that the
application is disapproved and shall deny the applicant any registration
certificate.
B.
If an application is found satisfactory by the Chief
of Police, the Chief shall issue a registration certificate addressed
to the applicant to conduct the business applied for upon payment
of the proper fee by the applicant. Such certificate shall contain
the signature of the issuing officer and shall show the name, address
and photograph of the applicant; the type of business (peddler, solicitor,
distributor or transient merchant) the applicant has registered for;
the kind of goods or services to be sold thereunder; the date of issue;
the length of time for which the certificate shall be operative; and
the license number and other identifying description of any vehicle
used in the activity licensed.
A.
An initial nonrefundable fee of $50 per applicant shall be paid to the Town at the time of the submission of the application required under § 139-5, and an additional fee of $100 per applicant shall be paid at the time of issuance of a registration certificate, to cover the costs of investigation and the administration and enforcement of this chapter. Such fee shall be in addition to any fee which may be chargeable under any mercantile licensing or other ordinance of the Town.
[Amended 6-9-2009 by Ord.
No. 195; 6-11-2019 by Ord. No. 240]
B.
Where an organization has several agents peddling,
soliciting or distributing merchandise or printed material, each agent
shall be registered separately and each shall pay the appropriate
fee.
C.
Upon expiration of a certificate, a new certificate
will be issued upon compliance with all provisions of this chapter
and the payment of fees and posting of bond, except that the investigation
and waiting period therefor may be waived by the Chief of Police.
A.
Prior to the issuance of any certificate, the applicant
shall file with the Town a bond running to the Town in the amount
of $1,000 with good and sufficient surety, in such form as shall be
approved by the Town Attorney or his designated representative. Said
bond shall remain in force for the term of the certificate and shall
be conditioned to indemnify and pay the Town for any penalties or
costs incurred in the enforcement of any of the provisions of this
chapter and to indemnify or reimburse any purchaser of personal property
from the holder of the certificate in a sum equal to at least the
amount of any payment such purchaser may have been induced to make
through the misrepresentation as to the kind, quality or value of
the personal property, whether the misrepresentations were made by
the licensee or said licensee's agents, servants or employees either
at the time of making the sale or through any advertisement printed
or circulated with reference to such personal property or any parts
thereof.
C.
The Town Council may, by resolution, exempt persons
from the bond requirement, provided that the applicant satisfies the
Town Council that the nature of his activity does not jeopardize the
position of the Town or the protection given herein to the residents.
Any person aggrieved by the action of the Chief of Police in the denial of a certificate, as provided in § 139-7 of this chapter, shall have the right of appeal to the Town Council. Such appeal shall be taken by filing with the Town Council, within 14 days after the 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 Town Council shall set a time and place for a hearing on such appeal, and notice of such hearing shall be given to the applicant in the same manner as provided in § 139-11 of this chapter for notice of hearing on revocation. The decision of the Town Council on such appeal shall be final and conclusive.
A.
Certificates issued under the provisions of this chapter
may be revoked by Town Council, after notice and hearing, for any
of the following causes:
(1)
Fraud, misrepresentations or a material incorrect
statement contained in the application for a certificate.
(2)
Fraud, misrepresentation or a material incorrect statement
made in the course of carrying on his business as solicitor, peddler,
distributor or transient merchant.
(3)
Any violation of this chapter.
(4)
Conviction of any crime or misdemeanor.
(5)
Conducting the business of peddler, solicitor, distributor
or transient merchant in an unlawful manner 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.
(6)
Peddling, soliciting or conducting other activity governed by this
chapter on premises at which a sign is posted stating "no solicitation"
or similar words to that effect.
[Added 6-11-2019 by Ord.
No. 240]
B.
Notice of the hearing for revocation of a certificate
shall be given by the Director of Finance, in writing, setting forth
specifically the grounds of complaint and the time and place of the
hearing. Such notice shall be mailed, postage prepaid, to the holder
of the certificate at the address given on the application at least
five days prior to the date set for the hearing, or shall be delivered
by the agent of the Town in the same manner as a summons at least
three days prior to the date set for the hearing.
C.
Upon revocation, the certificate shall be surrendered
to the Director of Finance.
No person or certificate holder shall:
A.
Peddle, solicit or distribute merchandise except between
the hours of 8:00 a.m. and 6:00 p.m., unless specifically having been
invited into a house by the occupant or having made an appointment
with a person previously.
B.
Attempt to peddle, solicit or distribute merchandise
or printed material without first having identified himself as a peddler,
solicitor or distributor registered with the Town and displaying his
certificate.
C.
Have exclusive right to any location in the Town.
D.
Operate in any congested area where his operations
might impede or inconvenience the public.
E.
Leave at a property or house or in any public place
circulars, samples or other matter, except newspapers, which shall
be defined as a periodical with a paid circulation of at least 90%
of its total circulation, except when handed to a person or house
occupant.
F.
Enter or attempt to enter the land of any resident
in the Town without an express invitation from the occupant of the
house.
G.
Conduct themselves in such a manner as to become objectionable
to or annoy an occupant of any house.
H.
Shout, cry out, blow a horn, ring a bell or use any
sound making or amplifying device upon any of the streets, parks or
public places of the Town or upon private premises where sound of
sufficient volume is emitted or produced therefrom capable of being
plainly heard upon the streets, avenues, parks or public places of
the Town or upon private premises, for the purpose of attracting attention
to any merchandise or services.
I.
Distribute obscene merchandise or printed material
or that which advocates unlawful conduct.
J.
Litter the streets, public places or properties within
the Town with any merchandise or printed material.
K.
Peddle, solicit or conduct other activity governed by this chapter
on premises at which a sign is posted stating "no solicitation" or
similar words to that effect.
[Added 6-11-2019 by Ord.
No. 240]
The following persons or organizations are exempt
from the payment of a fee and, in the discretion of the Chief of Police
or Mayor, the application and/or investigation procedures, upon compliance
with all other provisions of this chapter and submission of applicable
identification and documents to support the claim to exemption:
A.
Any person who is a member of a volunteer fire department
or an approved agent of the fire department and is serving the Town
of Manchester and its environs.
B.
Any public utility or its employees, which said public
utility is subject to regulation by the Public Service Commission;
provided, however, that such employees shall display the identification
badge or card issued by their employer.
[Amended 6-11-2019 by Ord. No. 240]
C.
Any person selling fruits and farm products grown
by himself, with or without the help of others.
D.
Any person engaged in the delivery of goods, wares
or merchandise or other articles or things, in the regular course
of business, to the premises of persons who had previously ordered
the same or were entitled to receive the same by reason of a prior
agreement (includes newsboys).
E.
Any school, political or civic organization, benevolent
society, service club or organization not for profit which is located
in or has a substantial membership from the Town.
F.
Political candidates, religious organizations, nonprofits engaged
in fundraising door-to- door, or those going door-to-door on their
behalf.
[Added 6-11-2019 by Ord.
No. 240]
[Amended 4-2-1979 by Ord. No. 11; 6-11-2019 by Ord. No. 240]
Each violation of this chapter is declared to be a municipal
infraction. The penalty for each violation of this chapter shall be
$150.
