[HISTORY: Adopted by the Mayor and Council of Pocomoke City 7-6-1981 by Ord. No. 266, approved 7-6-1981 (Ch. 46A
of the 1968 Code). Amendments noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
Any person who displays samples, models, goods, wares or
merchandise in any hotel or motel room, 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 or sales held in any
existing business where the purpose is to promote the existing business.
[Amended 6-2-1997 by Ord.
No. 349]
No person shall engage in business as a transient merchant in
Pocomoke City unless he or she has secured and holds a current license
as such issued upon application to the City Clerk. There shall be
a fee, in an amount as set forth in the Fees, Charges and Rates Schedule,
adopted by resolution of the City Council from time to time[1] charged for the issuance of each and every license, and
each license shall be valid for a period of no longer than two days.
The City may waive the license fee for any sale that is organized
and operated by and for the sole benefit of any bona fide nonprofit
civic, religious or charitable organization.
[1]
Editor's Note: The current Fees, Charges and Rates Schedule
is on file in the City Clerk's office.
The City Clerk shall prepare and have available application
forms for a transient merchant license, which shall require the following
information:
A.
His or her home address.
B.
The name and complete address of the firm or firms he or she represents,
together with credentials establishing the relationship.
C.
A brief description of the nature of the business and the kind of
goods or commodities he or she desires to sell.
D.
The exact location where the applicant proposes to sell his or her
merchandise.
E.
The proposed length of his or her occupancy.
A.
Before such licenses are issued, 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 City Attorney.
B.
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 Pocomoke City 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 or she 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.
C.
There shall be no forfeiture in respect to the four-month limitation
where there is proof that non-delivery 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 or she fails to do so,
the bond shall be liable to the extent of the 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 or her need for a license
and shall request said transient merchant to exhibit his or her license
prior to the solicitation of business on the rented premises. Upon
failure of the transient merchant to exhibit his or her license prior
to opening his or her exhibition and solicitation of business, the
owner, proprietor or manager of the premises shall immediately notify
the Pocomoke City police of the unlicensed exhibition and solicitation
of business by the transient merchant.
[Amended 6-2-1997 by Ord.
No. 349]
Any person violating the provisions of this chapter shall be
guilty of a municipal infraction and, upon conviction thereof, shall
be subject to a fine as set forth in the Fees, Charges and Rates Schedule,
adopted by resolution of the City Council from time to time.[1] Every day that a violation of this chapter shall continue
shall constitute a separate and distinct offense.
[1]
Editor's Note: The current Fees, Charges and Rates Schedule
is on file in the City Clerk's office.
