[HISTORY: Adopted by the Commissioners of the Town of Aberdeen (now Mayor and Council of the City of Aberdeen) 3-22-1989 by Ord. No. 121 (Ch. 105 of the 1990 Code). Amendments noted where applicable.]
[Amended 5-18-2015 by Ord. No. 15-O-06]
It shall be unlawful for any person to engage within the corporate limits of the City in the business of a peddler or a solicitor or a food truck operator without first obtaining a license as provided herein.
Editor’s Note: This ordinance provided an effective date of 6-8-2015.
For the purposes of this chapter, the following terms shall have the meanings indicated:
- FOOD TRUCK OPERATOR
- Includes any vendor that sells any sort of food product for consumption on or off premises from a truck, trailer, pull-behind cart such as a hot dog cart or mobile smoker.
- PEDDLER or SOLICITOR
- Includes any person who hawks, peddles, sells, solicits or takes orders for any wares or merchandise or anything of value upon the streets of the City or any person who goes from house to house without appointment or invitation to vend, sell or take orders for any wares or merchandise or anything of value, either by sample or otherwise.
The provisions of this chapter shall not apply to:
The sale of merchandise to manufacturers, wholesalers or retailers for use in their business or for resale.
Persons who take orders for or make delivery of newspapers, milk, ice, fuel, bakery goods or other dairy or bakery perishable food products.
Persons selling such articles as may be produced, caught or raised by them.
Persons selling Christmas trees, cards, greens, holly and wreaths.
Bona fide fraternal, religious, charitable, patriotic, educational, benevolent or civic organizations.
Volunteer fire companies.
A separate license must be obtained for peddler or solicitor.
A food truck operator must comply with the following requirements to maintain his or her license with the City:
Any food truck operator must obtain and maintain all applicable licenses and meet all applicable requirements as specified by the Harford County Health Department.
Any food truck operator must operate from an approved location on City-owned property with the permission of the City or on privately owned property with written permission from the property owner.
Any food truck operator must keep the area within a twenty-five-foot radius of his or her truck free of trash and food scraps.
A food truck operator will not conduct business in a residentially zoned portion of the City.
A food truck operator will not display any signature other than what is lettered on his or her food truck and up to two sandwich boards or similar signs for the purpose of posting a food menu. Such sandwich board signs must be located no farther than 15 feet from the food truck.
An application for a license shall be filed with the City Manager and shall include:
The name, local and permanent addresses, age, weight, height, color of hair and eyes and other distinguishing physical characteristics of the applicant.
The name and local and permanent addresses of the employer of the applicant or the owner of the business.
The length of such employment or association.
A brief description of the business and nature of the merchandise to be sold.
If a vehicle is to be used, a description of the same, together with tag number.
A statement as to whether or not 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.
[Amended 8-23-2010 by Ord. No. 10-O-12]
Upon payment of a fee established by the City Council and submission of a completed application, the City Manager shall issue a license.
A license issued under this chapter shall be good for one year from the date of issuance, unless if a previous suspension or revocation has been assessed then the time may be limited.
Every peddler or solicitor shall carry with him his license at all times while engaged in peddling or soliciting and shall display the same to any person who shall demand to see the same while he is so engaged.
The license shall remain the property of the City and shall be surrendered to the City Manager upon expiration, suspension or revocation.
[Amended 8-23-2010 by Ord. No. 10-O-12]
The holder of any expiring license under this chapter desiring a new license to be effective on the expiration of the existing license shall, not less than 30 nor more than 60 days before the expiration of the existing license, file a written application for renewal with the City Manager, giving the information set forth in § 417-7. The City Council may set a renewal fee.
The City Manager may refuse to issue or renew, revoke or suspend any license if he finds that the applicant or licensee has willfully withheld or falsified any information required for a license or has been convicted of any of the crimes described in § 417-7. The City Manager may suspend, for a period up to 90 days, revoke or refuse to renew any license upon a finding that the licensee, while peddling or soliciting and in connection therewith, has engaged in fraud or willful misrepresentation, has violated any provision of this chapter, has committed any unlawful act or has refused to leave the premises immediately when requested by the owner or occupant thereof to do so. Any refusal, revocation, suspension or failure to renew shall be by written notice to the licensee and shall be delivered personally or sent by first-class mail to the licensee's local address listed in the application. The notice shall contain a statement of the reasons for the action taken.
[Amended 4-9-1990 by Ord. No. 358-90]
Each twenty-four-hour period in which a violation occurs shall constitute a separate offense.