[Amended 12-5-2016 by
HO-2016-02]
It shall be unlawful for any person to engage in vending unless
the person has first obtained a license from the Department. All licenses
shall be issued according to regulations established by the Department.
[Amended 12-5-2016 by
HO-2016-02]
A. The application for a vending license shall contain all information
relevant and necessary to determine whether a particular license may
be issued, including but not limited to:
(1) The applicant's full name, current address, telephone number
and proof of identity, issued by the State of Maryland, or other recognized
government;
(2) A brief description of the nature, character and quality of goods,
wares or merchandise to be offered for sale;
(3) The specific location, if any, in which the vendor intends to conduct
business;
(4) If the applicant is employed by another, the name and address of
the person, firm, association, organization, company or corporation;
(5) If a motor vehicle is to be used, a description of the vehicle together
with the motor vehicle identification number and license number;
(6) A complete listing of any other licenses or permits issued to the
applicant by the City within the five years immediately preceding
the date of the application.
B. Food and beverage vendors.
(1) Unless specifically allowed by the City for a special event, no license
for food and/or beverage vendors shall be issued except for pre-packaged,
pre-prepared food stuffs, soft serve ice cream/frozen yogurt or shaved
ice or other frozen novelties. Food that needs to be prepared on or
near the vending vehicle, whether by heating, mixing or any other
means of cooking or preparation shall not be licensed or allowed except
pursuant to this subsection.
(2) Any application for a vending license to engage in the sale of food
or beverages shall also be referred to the County and State Health
Department for approval and issuance of a certificate of health inspection
[or health permit] in addition to the regular vending license. The
applicant's equipment shall be subject to inspections at the
time of application and at periodic intervals thereafter. The City
will not issue or renew a vending license until all required County
or State licenses or permits have been issued and evidence of such,
to the reasonable satisfaction of the department, has been demonstrated.
Any vendor wishing to conduct business at a special event shall apply to the Department for a temporary vending permit. Application for such a permit must be made at least five days prior to the beginning of the event for which the permit is sought. The permit shall be valid only for the duration of the special event. Fees for such permit shall be as specified in Section
90-6 of this chapter. Any vendor to whom a temporary permit is granted shall be subject to the same operating regulations as all other vendors, except where otherwise specified. Vending at special events without a temporary vending permit is prohibited.
Any vendor granted a vending license under this chapter shall
pay an annual license fee of $50 or such other fee as set by the City
Budget Ordinance. Any vendor granted a temporary vending permit for
special events shall pay a fee as set by the City.
All vendors shall assure that a current and correct name, residence
address and mailing address are on file with the Department. Whenever
either the name or address provided by a licensed vendor on his application
for a vending license changes, the licensee shall notify the Department
in writing within 15 days of such change and provide the same with
the name change or address change.
The provisions of this chapter do not apply to:
A. Goods, wares, or merchandise temporarily deposited on the sidewalk
in the ordinary course of delivery, shipment or transfer;
B. The placing and maintenance of unattended stands or sales devices
for the sale, display or offering for sale of newspapers, magazines,
periodicals and paperbound books; or
C. The distribution of free samples of goods, wares and merchandise
by any individual from his person.
Any person claiming to be legally exempt from the regulations
set forth in this chapter, or from the payment of a license fee, shall
cite to the Department the statute or other legal authority under
which exemption is claimed and shall present to the Department proof
of qualification for such exemption.
Unless the license specifically provides otherwise, vendors
shall be allowed to engage in the business of vending only between
the hours of 9:00 a.m. and 8:00 p.m. for no more than 15 minutes at
a single stop after which the vendor must move the vending station
or conveyance and other related items a minimum of 1,000 feet from
the previous location. A vendor may not return to within 1,000 feet
of a previous location for 24 hours. No vending station, conveyance
or other items related to the operation of a vending business shall
be located on any City sidewalk or other public way during non-vending
hours.
Absent an explicit authorization by the City for a special event
or circumstance, no vendor shall be permitted to operate:
A. On any public space, within 25 feet of any street, intersection or
pedestrian crosswalk.
B. Within 25 feet of any, loading zone or bus stop, intersection or
pedestrian crosswalk.
C. Within 200 feet of another vending location assigned to another vendor
on a public sidewalk.
D. In any area within 100 feet of a building entrance or exit or, in
the case of a hotel or motel, within 250 feet of building entrances
or exits.
E. On the median strip of a divided roadway.
F. Within 50 feet of display windows of fixed location businesses.
G. Any area within 1,000 feet of a hospital, college, university, elementary
school, middle school or high school.
H. Within 25 feet of any fire hydrant or fire escape.
I. Within 25 feet of any parking space or access ramp designated for
persons with disabilities.
No person engaged in the business of vending under this chapter
shall do any of the following:
A. Obstruct pedestrian or motor vehicle traffic flow, except for no
more than two minutes to load and unload vending stations and/or vending
merchandise.
B. Obstruct traffic signals or regulatory signs.
C. Stop, stand or park any vehicle, pushcart or conveyance upon any
street for the purpose of selling during the hours when parking, stopping
and standing have been prohibited by signs or curb markings.
D. Leave any conveyance unattended at any time or store, park, or leave
such conveyance in a public space overnight.
E. Use a handcart or pushcart whose dimensions exceed six feet in width,
six feet in length, and five feet in height.
F. Use any stand or other fixed-location conveyance whose dimensions
exceed six feet in width, six feet in length, and three feet in height.
G. Use any conveyance that when fully loaded with merchandise, cannot
be easily moved and maintained under control by the licensee, his
employee, or an attendant.
H. Sell any goods, wares or merchandise on public space unless the location
has been or shall be hereafter so designated by the City Council for
vending.
I. Sound any device that produces a loud and raucous noise or operate
any loudspeaker, public address system, radio, sound amplifier, or
similar device to attract public attention, or otherwise violate the
City's noise ordinance or the Transportation Article of the Maryland
Code § 22-401 and 22-401.1, as amended.
J. Conduct business in such a way as would restrict or interfere with
the ingress or egress of the abutting property owner or tenant, create
a nuisance, increase traffic congestion or delay, constitute a hazard
to traffic, life or property, or obstruct adequate access to emergency
and sanitation vehicles.
K. Fail to obey the lawful order of the Department, or a police officer.
L. Operate in violation of the terms and conditions of the City permit
or in violation of the vending restrictions above.
M. Operate in violation of the hours and times outlined in §
90-11 above.
Violation of this chapter shall be a municipal infraction. The
penalty for violating a provision of this chapter or any other applicable
section of the City Code shall be a fine not exceeding $250 for a
first offense together with revocation or suspension of the vendor's
license for a time period not to exceed 90 days for such first offense.
Subsequent violations shall have a fine not exceeding $500 with revocation
or suspension of the vendor's license for a time period not to
exceed 120 days.
A vending license may be renewed, provided an application for
renewal and license fees are received by the City no later than the
expiration date of the current license. Any application received after
that date shall be processed as a new application. The Department
shall review each application for renewal, and upon determining that
the applicant is in full compliance with the provisions of this chapter
and all applicable City, County and State Codes and Regulations, shall
issue a new license.