[HISTORY: Adopted by the Council of the Town
of Mount Airy 1-13-1963.[1] Amendments noted where applicable.]
[1]
Editor's Note: The provisions of this chapter
are derived from Article 8 of the former codification, adopted 1-13-1963.
For the purposes of this chapter, the following
terms shall have the meanings indicated:
Includes any person who hawks, peddles or vends or takes orders for any wares or merchandise or anything of value upon the streets of the Town or any person who goes from house to house to vend, sell or take orders for any wares or merchandise or anything of value, either by sample or otherwise. Door-to-door solicitation by or on behalf of political campaigns shall be considered peddling or soliciting for the purposes of this chapter only as to required observance of "no solicitation" signs or requests pursuant to § 70-15B through D.
[Amended 7-12-2021 by Ord. No. 2021-15]
A.
No person, corporation, company, firm, partnership
or association shall engage in any kind of business for gain within
the Town limits without first having obtained a license and paid the
required license fee. Any such person, corporation, company, etc.,
desiring to obtain a license to engage in and conduct any business
within the Town, shall first make application therefor in writing
accompanied by the prescribed fee, to the Mayor of Mount Airy upon
which shall be stated the lot and square number if the business is
to be conducted in a building and the nature of the business so to
be conducted.
B.
No person or persons shall, within the corporate limits
of Mount Airy, act, exhibit, play or perform any farce, play, show,
circus, theatrical or dramatic performance or any other description
of public entertainment or exhibition for gain (excepting only vocal
or instrumental concerts, exhibitions of paintings or sculpture and
lectures for disseminating useful knowledge) without first obtaining
a license.
C.
No person shall hawk or peddle for sale any merchandise
of any kind whatever upon the public streets, roads or alleys of Mount
Airy, without a license for that purpose first had and obtained from
the Mayor or, in his absence, from the Clerk, under Seal of the Corporation;
and such license, when issued, shall always express the specific purpose
or object for which it is granted and the space of time during which
it is to continue.
Every vehicle and everything pertaining thereto
used by a licensed vendor shall at all times be maintained in a clean
and orderly condition, and no portion of the contents thereof shall
be thrown, spilled or deposited upon the street or other public place.
Any and all premises or vehicles used by street
vendors licensed hereunder for the conduct of business shall from
time to time be inspected. If any unsanitary condition is found to
exist, or other condition injurious to the public health and morals
is disclosed, the same shall be ordered to be immediately corrected,
and if the order is not complied with, the license may be revoked
by vote of the Mayor and Council and all payments made on the same
forfeited to the Town of Mount Airy.
A.
Annual license fees for the year beginning January
1 of each and every year in the amount as hereinafter set forth shall
be due and payable on or before January 1 of the current year. Any
new business commencing after January 1 must obtain the required license
prior to the starting of the said business. All licenses acquired
must be posted on the premises in a conspicuous place at all times.
B.
No license for the operation of any type of business
shall be issued unless all real estate taxes, personal property taxes
or any other public dues, fees or assessments levied against the said
premises by the Town and county wherein the business is to be conducted
are paid to and including the calendar year immediately preceding
the year for which the license is applied.
The Mayor and Council shall from time to time
pass a resolution establishing the license fees to be paid by various
business categories in Town.
Every license shall be held to confer a personal
privilege to transact the business specified therein and shall not
be exercised, except by the person, firm, company or corporation licensed,
or his, her or its duly authorized agents, executors or administrators.
It shall be unlawful for any person to engage
within the corporate limits of the Town of Mount Airy in the business
of a peddler or a solicitor without first obtaining a license as provided
herein.
[Amended 6-1-2015 by Ord.
No. 2015-5]
A separate peddler's license must be applied for and obtained
by each individual who will participate in the hawking, peddling or
vending or the taking of orders for any wares or merchandise or thing
of value. Each individual applying for a peddler's license shall hereinafter
be referred to as "applicant" and each individual who is issued a
peddler's license shall hereinafter be referred to as "licensee."
[Amended 6-1-2015 by Ord.
No. 2015-5]
Applicants for a peddler's license shall file with the Town
Clerk a signed application giving the following information:
A.
Name, local and permanent addresses, age, weight, height, color of
hair and eyes and other distinguishing physical characteristics of
the applicant;
B.
All names by which the applicant is or has been known, all addresses
at which the applicant has regularly conducted business, and the address
where the applicant receives electronic mail, and the same information
for any company with which the applicant is employed or with which
the applicant is associated, or with which the applicant's employer
is affiliated (to include all parent, sister or subsidiary companies)
or has succeeded;
C.
Length of the applicant's employment or association with any company to disclosure of which is required by Subsection B above;
D.
Brief description of the business and nature of the merchandise to
be sold;
E.
Fingerprints of the applicant;
F.
Letters from two persons who have known the applicant for at least
two years attesting to his moral character and at least two references
from persons, other than those providing the letters attesting to
the applicant's moral character, whom the applicant is willing that
inquiry be made to verify the facts stated by the applicant;
G.
Two photographs, two inches by two inches in size, showing the head
and shoulders of the applicant in a clear and distinguishing manner;
H.
A list of all vehicles that will be used in the solicitation, which
the applicant shall update from time to time after initial application
and/or issuance of license as vehicles are added, deleted or substituted
on the list, providing as to each vehicle a description of the same,
including the make, model and year, together with license tag number;
I.
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;
J.
A complete background investigation report for the applicant, from
a reputable vendor selected by applicant from among those on an approved
list kept by the Town Clerk, which shall at a minimum include the
individual's complete criminal background if any, including any such
background as may be disclosed by searching of the fingerprinting
required by this section, a report of any bankruptcy or insolvency
proceedings filed by the individual, suits against the individual
and/or applicant and a credit report for the applicant;
K.
A copy of any home improvement license(s) held in Maryland and the
states or jurisdictions in which the applicant has its principal place
of business or in which the applicant regularly conducts business,
and an identification by the applicant of each and every such license
that the applicant has held that has been suspended or revoked;
L.
A report, letter or statement from each home improvement commission
that has issued a home improvement license to the applicant within
the last 10 years, and from any such commission that has ever suspended
or revoked such a license held by the applicant, providing a list
of any complaints filed against the applicant in the last 10 years
setting forth the resolution and current status of each such complaint,
and the reasons for the suspension or revocation of any such license
held by the applicant;
M.
A report, letter or statement from the Better Business Bureau as
to the applicant's rating and setting forth whether in the last 10
years the applicant has been the subject of any complaint, a brief
description of any such complaint, and the resolution and current
status of any such complaint; and
O.
Any updated information in the event that information required by
this section changes during the pendency of the application.
[Amended 6-1-2015 by Ord.
No. 2015-5]
Upon receipt, the Town Clerk shall review the application and information required by § 70-11 above. The Town Clerk may, but is not obliged, to conduct any further information that the Town Clerk determines is necessary and appropriate and may request further information from the applicant, including information concerning the applicant's employer or any company affiliated with the applicant's employer or which applicant's employer has succeeded.
[Amended 6-1-2015 by Ord.
No. 2015-5]
A.
Upon determining that all the information required in § 70-11 above has been provided and upon receipt or completion of any additional investigation or information requested pursuant to § 70-12 above, the Town Clerk may issue a peddler's license if, in the sound judgment of the Town Clerk, based upon the information submitted by the applicant or obtained by means of independent investigation, the applicant does not present an apparent substantial risk to those that the applicant intends to solicit of bodily injury or financial harm by means of fraud.
B.
The Town Clerk may deny issuance of a peddler's license if, in the sound judgment of the Town Clerk, based upon the information submitted by the applicant or obtained by means of independent investigation, the applicant presents an apparent substantial risk to those that the applicant intends to solicit of bodily injury or financial harm by means of fraud and/or upon a finding that the applicant has willfully withheld or falsified any information required for a license. The Town Clerk shall promptly notify the applicant in writing of the denial by mailing notification to the address, or by means of electronic mail sent to the electronic mail address, provided by the applicant pursuant to § 70-11B above. Notification of denial shall be made upon being sent by the Town Clerk.
C.
Upon determination by the Town Clerk to issue a license, or upon being directed to issue a license on appeal pursuant to § 70-14, upon signing a form acknowledging receipt of the "No Solicitation" list described in § 70-15C below and any other acknowledgment forms that the Town may, from time to time, reasonably require, and upon receipt of a license fee of $150, the Town Clerk is authorized to issue such license.
[Amended 6-1-2015 by Ord.
No. 2015-5]
An appeal from the Town Clerk's denial of the issuance of a peddler's license may be taken upon written request provided to the Town Clerk within 15 days after notification of denial to the applicant pursuant to § 70-13B above and shall be heard at the next regular meeting of the Town Council at which there is a quorum which takes place after receipt of the written request for appeal by the Town Clerk, or if such written request for appeal is timely received by the Town Clerk within 10 days of the next regularly scheduled Town Council meeting, at the regular Town Council meeting at which there is a quorum that occurs after the next such meeting. The Town Council shall thereafter affirm the action of the Town Clerk or overrule it and direct the Town Clerk to issue the license.
[Amended 6-1-2015 by Ord.
No. 2015-5]
A.
A peddler's license shall be good for one year from the date of issuance, unless earlier suspended or revoked as provided in § 70-17 below. 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 licenses shall remain the property of the Town and shall be surrendered to the Town Clerk upon expiration, nonrenewal, suspension or revocation.
B.
No person who has been issued a peddler's license shall enter upon
any private property for the purposes of peddling or solicitation
on which is conspicuously posted a "No Solicitation" sign or sign
containing substantially the same message.
C.
No person who has been issued a peddler's license shall for the purposes
of peddling or solicitation enter upon the private property of any
person who has requested to be included in a "No Solicitation" list
to be kept by the Town, notwithstanding whether a "No Solicitation"
sign has been posted on the property. Said "No Solicitation" list
shall be kept and maintained by the Town Clerk, shall be provided
to the licensee upon issuance of the license and shall be posted on
the Town's website. The list shall be updated every 90 days by the
Town Clerk and posted on the Town's website. It shall be the obligation
of the licensee to obtain an updated list every 90 days and/or to
consult the updated lists posted on the Town's website before a solicitation.
D.
Any person issued a peddler's license shall immediately leave private
property entered by the licensee upon the verbal request of the owner,
resident or other person solicited and immediately cease and desist
all peddling or solicitation attempts on the property or directed
to the person who has requested that the licensee leave the premises.
E.
A licensee may only peddle or solicit between the hours of 9:00 a.m.
and 6:00 p.m.
F.
A peddler's license is not transferable.
[Amended 6-1-2015 by Ord.
No. 2015-5]
The holder of any expiring license 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 Town Clerk, giving the information set forth in § 70-11, except, at the discretion of the Town Clerk, new photographs shall not be required if the existing photograph is a good likeness, and except that the background check required in § 70-11J shall be updated every five years. There must be filed with the application a renewal fee of $75.
[Amended 6-1-2015 by Ord.
No. 2015-5]
A.
Subject to the right of appeal set forth in § 70-14 above, the Town Clerk may refuse to renew a license or may revoke or suspend any peddler's license on any ground that would justify denial of original issuance of the license.
B.
The Town Clerk may suspend for a period up to 90 days; or immediately
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 revocation, suspension or failure to renew shall
be by written notice to the licensee delivered personally or sent
by certified mail to the licensee's local address listed in his application.
The notice shall contain a statement of the reason for the action
taken. The licensee shall promptly return the peddler's license upon
suspension, nonrenewal or revocation of the license.
[Added 12-2-1985 by Ord. No. 144]
Violation of any provision of this chapter is
hereby declared to be a municipal infraction.
