Worcester County, MD Licenses and Permits

Findings of fact. It has been determined by the County Commissioners that it is in the public interest and is necessary for the protection of the health, security, morals and welfare of the county and the inhabitants thereof that the selling or offering for sale through or by means of coin-operated vending machines any article or goods or merchandise by any person in the county be subject to license, regulation and inspection.

License required; expiration; definitions.

Each person selling or offering for sale in the county, through or by means of coin-operated vending machines, any article of goods or merchandise shall first obtain an annual county license therefor from the County Commissioners and shall pay therefor an annual license fee, as hereinafter set forth, and shall be subject to all regulations and requirements established for the use of such coin-operated vending machines. All licenses shall expire on the 30th day of April of each and every year.

For the purposes of this section, the owner or lessee, whether an individual, partnership or corporation, shall be deemed to be the person maintaining or operating any and all coin-operated vending machines located in, on or about any and all buildings, parts of buildings or premises under the control or supervision of such owner or lessee, and such owner or lessee shall be responsible for obtaining the license or licenses provided for herein, whether or not such owner or lessee is the owner of such coin-operated vending machine, provided that nothing in this subsection shall prevent the owner of such coin-operated vending machine from obtaining the proper license therefor under the provisions of this section.

Application procedure.

Forms. Applications for all licenses provided for herein shall be made upon printed forms to be provided by the County Commissioners upon request of the applicant. Such applications shall be filed with the County Clerk, together with the appropriate fee required for such license. Upon approval by the County Commissioners, such licenses shall be issued and the license fees deposited or credited to the general funds of the county. If the application is denied, all fees shall be returned to the applicant.

Time for filing. Applications for all licenses to become effective as of the first day of May in each and every year shall be filed between the first day of April and the Tuesday next preceding the first day of May of such year.

Metal tags. At the time such license is issued, the County Clerk shall deliver to such licensee, in addition to his license, a numbered or identifiable metal tag or stamp for each coin-operated vending machine operated or maintained by such licensee. Such licensee shall attach or affix such metal tag or stamp to a visible surface of the appropriate coin-operated vending machine as evidence of payment of the required license fee.

Such metal tags or stamps shall not be transferable either from one licensee to another licensee or from one coin-operated vending machine to another.

A properly identified coin-operated vending machine, to which is attached or affixed a proper metal tag or stamp, may be moved from one location to another by the licensee to whom such metal tag or stamp was issued, provided that such licensee remains the owner, operator or maintainer of such coin-operated vending machine, and provided further that notice thereof is given, in writing, to the County Commissioners or to the County License Inspector.

If a properly identified coin-operated vending machine, to which is attached or affixed a proper metal tag or stamp, is destroyed or becomes so inoperable as to be rendered useless, upon application under oath and signed by the licensee, setting forth such destruction or inoperability so rendering such a machine useless, and upon the surrender of the metal tag or stamp previously attached thereto and the payment of a transfer fee of one dollar, the County Commissioners shall issue to such licensee a new metal tag or stamp in replacement of the one so surrendered, which may be attached or affixed to another coin-operated vending machine. If there is a bona fide sale by one licensee to another licensee of a properly identified coin-operated vending machine, to which is attached or affixed a proper metal tag or stamp, upon application under oath and signed by the vendee, setting forth the name and address of the vendor, the name and address of the vendee, the make, model and/or serial number of such coin-operated vending machine and the number or identification stamped upon or set forth upon the metal tag or stamp attached or affixed to such machine, and upon surrender of such metal tag or stamp and the payment of a transfer fee of one dollar, the County Commissioners shall issue to the vendee a new metal tag or stamp in replacement of the one so surrendered, which shall be attached or affixed to such machine, the subject of such sale.

Fees. The annual fees for such coin-operated machine licenses shall be determined by the type, purpose and number of machines operated by such applicant. Such fees may from time to time be amended, supplanted or changed by resolution of the County Commissioners.

All coin-operated vending machines except cigarette machines.

For all coin-operated vending machines designed for use by one or more coins totaling in value at least five cents but less than ten cents, there shall be an annual fee of five dollars each.

For all coin-operated vending machines designed for use by one or more coins totaling in value at least ten cents but less than twenty-five cents, there shall be an annual fee of fifteen dollars each.

For all coin-operated vending machines designed for use by one or more coins totaling twenty-five cents or more, there shall be an annual fee of twenty dollars each.

Coin-operated cigarette vending machines.

For all coin-operated vending machines dispensing cigarettes and designed for the use of one or more coins totaling in value thirty-five cents or less, there shall be an annual fee of twenty-five dollars each.

For all coin-operated vending machines dispensing cigarettes and designed for the use of one or more coins totaling in value thirty-six cents or more, there shall be an annual fee of fifty dollars.

Coin-operated newspaper vending machines. For all coin-operated newspaper vending machines, there shall be an annual license fee of five dollars.

Proration of fees for period less than twelve months prohibited; amendment of fees. The license fees set forth above shall not be reduced or prorated for any license period of less than twelve months. Such fees may from time to time be amended, supplanted or changed by resolution of the County Commissioners.

(e)

Exemptions. The licensing provisions of this section shall not apply to the following coin-operated vending machines:

Any vending machine which can be operated by or with one or more coins, the total value of which is four cents or less.

Any vending machine which sells or offers to sell milk, ice or ice water or stamps.

Any vending machine and/or meter which sells, offers for sale or dispenses gas or gas products, electricity, water, oil or other fuels or other utility services, designed for use and consumption on the premises of the purchaser, user or consumer and which are supplied from municipal or private mains, systems or tanks directly to the premises of the purchaser, user or consumer. This shall include the selling, offering for sale or dispensing of any such utility services as are regulated or controlled or the rates for which are regulated or controlled by the state public service commission.

(f)

Health regulations. All coin-operated vending machines, whether exempted from licensing or not, must comply with all regulations of the State and County Health Departments, including but not restricted to requirements and regulations pertaining to packages, wrappers, containers, storing, refrigeration, preservation of wholesomeness, spoilage and contamination.

(g)

Operation. All coin-operated vending machines, whether exempted from licensing or not, must be maintained in good working order, must be constructed of good and substantial materials and so constructed or anchored so that they are not easily tipped over, moved or dislodged so as to injure persons so using them and must clearly indicate to the general public when they are empty or out of order and, when so empty or out of order, they must be capable of returning or refunding to the persons attempting to use them such coins as may be inserted therein.

(h)

Violations and penalties.

Any person maintaining or operating any coin-operated vending machine without a license or who shall violate any provision of this section shall be guilty of a civil infraction.

[Amended 11-10-1987 by Bill No. 87-5]

In addition to any penalties which may be imposed under Subsection (h)(1) above, all persons required to procure licenses by reason of this section and who shall fail or neglect to procure the same within the time prescribed shall pay, in addition to the prescribed license fee, an additional fee equal to ten percent of such license fee for each and every month thereafter that the fee shall remain unpaid, provided that such licensees shall not be deemed to be in default under the provisions of this subsection until after the lapse of fifteen days from the date on which they may be required to obtain such licenses.

(i)

County License Inspector. There is hereby created the office of County License Inspector. The County License Inspector shall be appointed by the County Commissioners and shall serve at their pleasure. His compensation shall be fixed from time to time by the County Commissioners. He shall perform such duties as may be assigned to or required of him under this section and such other duties as may be assigned to him by the County Commissioners in relation to or in connection with any other provision for county licenses of coin-operated machines or amusement devices. In the performance of his duties, he shall have all authority, rights, privileges, powers, limitations and immunities reasonably necessary to enable him to carry out such duties and shall be considered to be a law enforcement officer and peace officer of the county.

§ TR 2-104 Peddlers and salesmen.

License required. It is unlawful for any person to conduct the business of or to act as an itinerant or door-to-door peddler or salesman of goods, wares or merchandise, either by sample or otherwise, in Worcester County unless he has secured and holds a current license as such issued, upon proper application, by the Sheriff of the county. Prior to the issuance of such license by the Sheriff, a recent photograph of such peddler or salesman must be attached to said license. As used herein, "peddler" or "salesman" includes one who offers for sale or solicits subscriptions for magazines or other periodical publications.

Fee. The fee for such peddler or salesman license shall be as determined by resolution of the County Commissioners.

Exceptions. This section does not apply to vendors of milk or cream, bread, meat, fuels of petroleum products, farm produce, fish or other seafood, farm supplies, home furnishings, motor vehicles or newspapers. It does not apply to any person under eighteen years of age who is regularly attending school in any of the schools of said Worcester County.

Violations. Any person who violates the provisions of this section shall be guilty of a civil infraction.

[Amended 11-10-1987 by Bill No. 87-5]

§ TR 2-105 Amusement devices and arcade licenses.

Pursuant to Article 56, § 20A, of the Annotated Code of Maryland, 1957 Edition:

Prohibited machines. The following machines are not legalized and cannot be licensed in Worcester County:

Free-play console machines.

Free-play pinball machines with a push button or other device or scheme to release registered free plays.

Permitted machines by license. The following are legalized if properly licensed hereunder:

Multiple-coin free-play pinball machines without a push button or other device or scheme to release registered free plays are legalized for an annual license fee of not less than twenty-five dollars nor more than one hundred dollars each, as established by resolution of the County Commissioners, which shall be due regardless of whether or not an arcade license is purchased pursuant hereto.

Claw machines, shuffleboard, mechanical bowling machines, single-coin pinball machines or any similar device for public amusement only whose operation requires the insertion of a coin or token and the result of whose operation depends in whole or in part upon the skill of the operator are legalized for an annual license fee of not less than ten dollars nor more than fifty dollars each, as established by resolution of the County Commissioners.

Arcade licenses. Arcade licenses in lieu of individual licenses for machines listed under Subsection (b)(2) hereof.

For any arcade having from fifty to one hundred machines or devices described in Subsection (b)(2) above, annual license fee of one thousand dollars.

For any arcade having more than one hundred and not more than one hundred and fifty machines or devices described in Subsection (b)(2) above, annual license fee of one thousand five hundred dollars.

For any arcade having more than one hundred fifty and not more than two hundred machines or devices described in Subsection (b)(2) above, annual license fee of two thousand dollars.

For any arcade having more than two hundred machines or devices described in Subsection (b)(2) above, annual license fee of two thousand five hundred dollars.

Violations. Any person who violates the provisions of this section shall be guilty of a civil infraction.

[Added 11-10-1987 by Bill No. 87-5]

§ TR 2-106 Rental licenses.

[Added 8-20-2019 by Bill. No. 19-4]

Definitions. For the purposes of this section the words and terms contained herein shall have the meanings and interpretations as ascribed by the definitions contained in § ZS 1-103 of the Zoning and Subdivision Control Article of the Code of Public Local Laws of Worcester County, Maryland.

License required. No person, firm or corporation or any other entity with an interest in real property shall rent or offer for rent all or any portion of any house, townhouse, apartment, condominium unit, cottage, cabin, manufactured home, rooming house, recreational vehicle, recreational park model, hotel or motel room, or any other building or structure or portion thereof as sleeping accommodations or any lot or parcel of land for the purposes of placing a manufactured or mobile home, recreational vehicle or tent, regardless of the length of the rental term, without first obtaining a rental license from the Department. Rental licenses shall be issued only to the property owner.

License fees. Rental license fees shall be established by resolution of the County Commissioners. License fees payable upon application are non-refundable and no license fee will be prorated, upon cancellation, whether voluntary or otherwise.

Applications. Applications for a rental license shall be made on forms provided by the Department. The application shall be submitted to the Department together with the following information:

For buildings or structures other than a hotel or motel where only a portion of the principal or accessory structure or building on a property is being offered for rental the applicant shall provide a floor plan drawn to scale that clearly shows the sizes and uses of all rooms and areas in the structure and those rooms and/or areas that may be available to rent. The floor plan shall indicate the maximum number of persons permitted in each sleeping area. Additionally, a site plan of the property shall be provided which clearly shows any outdoor areas of the property that are available for use by those renting a portion of the principal or accessory building or structure, including the area designated for off-street parking.

For hotels and motels the applicant shall provide a list of all rooms available for rent, including the room number, the gross square footage of the room and the maximum number of persons permitted in each room.

For all buildings or structures where the entire building or structure is being offered for rent the applicant shall provide a floor plan drawn to scale that clearly shows the sizes of all rooms and areas in the structure and their intended use. In addition, the floor plan shall indicate the maximum number of persons permitted to occupy the structure.

For all manufactured or mobile home parks and campgrounds other than cooperative campgrounds as defined in § ZS 1-318(a), the applicant shall provide a list of all lots or sites in the park or campground and the maximum number of persons permitted to occupy each lot or site.

(5)

A copy of the standard lease or rental agreement and a copy of any house or property rules for renters.

(6)

The names, mailing address, email address and telephone number of all of the property owner(s) and, if applicable, the property manager and resident agent, any of whom may be contacted twenty-four hours a day during any property rental period. The signature of all property owners shall be provided on the application.

(7)

Any other information determined necessary by the Department to ensure compliance with the terms of this Title and the laws and regulations adopted under any other Title of the Code of Public Local Laws of Worcester County, Maryland.

(e)

License term, renewal and display of license.

Applications for all new rental licenses may be made at any time. However, all rental licenses shall be valid for a period of one year from the date of issuance as shown on the rental license.

All applications for license renewals shall be made on forms provided by the Department and submitted not less than sixty days prior to the expiration of the license. The information required to be submitted for a new rental license as listed in Subsection (d)(1) through (d)(7) herein need not be submitted, provided that none of the information has changed since the last license renewal. If the application for renewal is not received at least sixty days prior to the license expiration, it will be treated as a new application and shall comply with all initial application requirements. If a rental license expires without being renewed as provided herein, the property shall not be used for rental purposes described by this section until a new license application is submitted, approved and issued as provided for herein.

All issued rental licenses shall be prominently displayed on the premises to which it applies and shall be available for inspection at all times and to the County.

All advertising, whether by print, electronic, audible or in any other form or substance designed or used to inform as to the availability of any property for rent which is subject to the terms of this section, shall contain the valid rental license number issued in accordance with this section.

(f)

Uses allowed and restrictions on licenses.

Only those areas, uses and number of residents, roomers, boarders or lodgers or any other parameter specifically mentioned in the rental license shall be permitted. No property for which a rental license has been issued shall be expanded or altered nor the types of rental arrangements modified to be other than those specifically described in the rental license without the licensee first applying for and being issued a new rental license which includes the expansion, alteration or modifications. Additionally, all properties used for the rental purposes described herein shall conform to the limitations and restrictions contained in the Zoning and Subdivision Control Article for the zoning district in which the property is located and the terms of the Building Regulations Article, Title 3, Property Maintenance Standards, Subtitle I, Rental Housing Code, of the Code of Public Local Laws.

Rental licenses are not transferable. If a property is transferred, the rental license shall expire on the day the property is transferred and the property shall not thereafter be used for rental purposes until a new license is issued. Contract purchasers may apply for a new rental license prior to settlement on a property. However, the license shall not be issued until the new property owner provides the Department with proof of property transfer. There shall be no refunds of rental license fees for the unused portion of the license term or for unissued rental licenses when applied for by contract purchasers prior to property settlement in the event the property transfer does not occur.

A rental license may not be issued unless the subject property is in full compliance with all State and local laws and regulations.

(g)

Administration and enforcement, inspection and penalties.

The responsibility for the administration and enforcement of this Title shall be vested in such County Department (hereinafter called the "Department") as designated or created for such purpose by the County Commissioners. The Department may delegate to its own personnel and to other persons such duties and responsibilities in connection with the administration and enforcement of this Title as are appropriate in the Department's judgement. The staff of the Department or any public safety or law enforcement agency or department shall have the right to enter upon any property for which a rental license has been issued hereunder in order to inspect such license and such property or parts of such property which are covered by the license; provided, however, that nothing herein shall be so construed so as to give said individuals the right or privilege of entering upon any such premises or any part thereof while the same are under the control or supervision of a tenant of the license holder without permission of that tenant or having obtained a valid search warrant, if applicable, unless such premises is usually and customarily open to members of the public.

If the Department shall find that any of the provisions of this Title are being violated, it shall notify the property owner and, if applicable, the property manager or resident agent either by certified mail, by posting the property or by other appropriate method, including by e-mail with delivery and read receipts requested. Such notification shall indicate the nature of the violation and order the action necessary to correct it within a reasonable period of time as determined by the Department.

At the conclusion of such reasonable period, if the violation has not been satisfactorily corrected in the judgement of the Department, the Department shall take appropriate action to bring about the correction of such violation or shall take any other action authorized by law to ensure compliance with this section and prevent violation of its provisions. Violations of the provisions of this section or failure to comply with any of its requirements shall constitute a civil infraction. Potential penalties may include but are not limited to suspension or revocation of the license, fines, filing of an injunction to bring about correction of any violations, and abatement of imminent dangers to the health and safety of the occupants as determined by the Department. Each day of a violation constitutes a separate offense. The remedies available to the County and the Department under this Title are cumulative and not exclusive.

Any person establishing, maintaining, renting or operating any place as herein described without first obtaining a rental license or operating or maintaining the same in violation of this section or regulations or standards adopted by resolution of the County Commissioners shall be guilty of a civil infraction.

(5)

In the event that a rental license is revoked, the Department shall not issue a rental license for that particular property for a period of three years to the former license holder or member of the former license holder's housekeeping unit as defined in § ZS 1-103(b).

(6)

After providing the owner of the licensed property an opportunity to be heard, the County Commissioners may revoke, suspend or refuse to renew any rental license issued in accordance with this section for any of the following reasons:

A material falsification, as determined by the County Commissioners, of any information supplied on a rental license application or in any additional information supplied by the property owner, applicant, property manager or any person as part of the rental license application or renewal process.

Any activity conducted on the licensed premises that is or would be detrimental to the health, safety or welfare of the public as determined by the County Commissioners.

Conviction of an applicant, property owner, applicant, property manager or any person in control of a property of any felony crime, regardless of where committed, or any violation of gambling, alcoholic beverage, controlled substance or prostitution laws during the rental license period by any person while on the property.

A repeated failure to conform to the rental license conditions, any rules and regulations adopted by resolution of the County Commissioners with regard to properties licensed under this section, the Zoning and Subdivision Control Article of the Code of Public Local Laws as it applies to rental properties or the terms of the Building Regulations Article, Title 3, Property Maintenance Standards, Subtitle 1, Rental Housing Code of the Code, of Public Local Laws.

Recurrent offensive conduct or behavior of any person or persons on the property causing a public nuisance or disturbance as determined by the County Commissioners.

SUBTITLE II Permits

§ TR 2-201 Gaming permits. [1]

[Amended 4-25-1989 by Bill No. 89-3]

Legislative intent. The County Commissioners, in view of the passage of Chapter 463 of the Acts of 1988, codified as § 251B of Article 27 of the Annotated Code of Maryland, 1957 Edition, deem it necessary and appropriate to enact this section of the Code of Public Local Laws of Worcester County dealing with gaming for the purpose of establishing a system for the issuance of permits, grounds for the refusal of the issuance of gaming permits, the means for determining whether a group, organization or corporation is qualified to obtain a gaming permit, to place a limitation on the number of raffle permits to be issued and to generally deal with gaming permits in the county, all pursuant to Chapter 463 of the Acts of 1988. It is not the legislative intent to contravene or attempt to limit or expand Chapter 463 of the Acts of 1988, except as therein authorized, nor is it the legislative intent to qualify or change the definition of a raffle as set forth therein.

Limitation on raffle permits. No organization may receive more than twelve raffle permits in any calendar year.

Chapter 463 of the Acts of 1988 to be complied with. In all cases, the provisions of chapter 463 of the Acts of 1988, as time to time amended, shall be complied with in the issuance of raffle permits in the county.

System for issuance of gaming permits. The system for the issuance of raffle permits in the county shall be as follows:

Application shall be under oath and will be made to the agency designated by the County Commissioners as the issuing agency for the raffle permits, upon forms provided by the County Commissioners. Each application shall contain, without limitation, information as to the name and type of organization of the application, the location of the applicant's principal place of business, lodge, fire house or other appropriate headquarters, the names and bona fide residences of the officers or leaders of the applicant, the number of members, stockholders or participants of applicant, the approximate date of the founding or chartering of the applicant, the number of meetings held by the applicant within the last three years, the name or names of the beneficiaries of the receipts of the raffle, whether or not the applicant or the beneficiary of the raffle has been granted tax-exempt status by any taxing authority and, if so, details as to such exemption, the nature of the event, giving details as to the working thereof, a list of prizes to be awarded as a result of the event, the time of the event, including sales and awarding of prizes, the proposed dates of the event, whether or not the event is a raffle and such other information as the County Commissioners may from time to time deem necessary and appropriate. All applications shall be accompanied by such fees as may be prescribed by law.