[HISTORY: Adopted by the Harford County Council as indicated in article histories. Amendments noted where applicable.]
Article I Solicitors
Article II Itinerant Dealers
[Adopted by Bill No. 75-76]
As used in this article, the following terms shall have the meanings indicated:
- A person who goes from door to door visiting multifamily or single-family dwellings or a person standing on a street or highway for the following purposes:
All persons, before entering into or upon a private residence within the county for the purpose of soliciting, shall register with the Department of Inspections, Licenses and Permits and furnish the following information:
The name, local and permanent address, age, race, weight, height, color of hair and eyes and any other distinguishing physical characteristics of the applicant.
The nature or purpose for which solicitations will be made and the nature of the goods, wares and merchandise offered for sale.
The name and address of the employer or organization represented and, if the organization is a charitable organization as defined by Article 41, § 103A, of the Annotated Code of Maryland, 1957, a statement that the organization has complied with the requirements of Article 41, §§ 103A to 103E, of the Annotated Code of Maryland, 1957.
A statement as to whether the applicant has been convicted of any felony or misdemeanor and, if so, the nature of the offense, when and where convicted and the penalty or punishment assessed therefor.
[Amended by Bill No. 85-10]
The county shall charge such fees as are established by Chapter 157 of this Code.
Upon furnishing the information required under § 197-2, the applicant shall be issued a license by the Department of Inspections, Licenses and Permits without charge, unless the information furnished in compliance with this article shows that the applicant has been convicted of a crime involving moral turpitude.
All licenses issued under this article shall be issued for 1 year commencing on the date of issuance, unless revoked as provided in this Article.
[Amended by Bill No. 16-005]
Every solicitor shall carry his license with him at all times while engaged in soliciting and shall display the license to any person who demands to see the license while he is so engaged.
No person shall:
Enter into or upon a private residence in the county under false pretenses to solicit for any purpose or for the purpose of soliciting orders for the sale of goods, wares or merchandise.
Remain in a private residence or on the premises thereof after the owner or occupant has requested such person to leave.
Enter into or upon the premises of a private residence for soliciting when the owner or occupant has displayed a "No Soliciting" sign on such premises.
Engage in the practice of soliciting in the county without a license required by this article.
Knowingly allow an employee or agent to solicit without a license required by this article.
Stand on a street or highway and solicit, or attempt to solicit, employment, business or contribution from the occupants of any vehicle.
[Added by Bill No. 02-47]
The provisions of this article shall not apply to the following:
Any person who visits any residence or apartment at the request or invitation of the owner or occupant thereof.
Unpaid members of any civic or charitable organization who are registered as such with the Department of Inspections, Licenses and Permits, when the names of the solicitors have been listed as such members and the organization has provided each person listed with an approved means of identification with the organization represented and are not engaged in soliciting on a street or highway.
[Amended by Bill No. 02-47]
Newsboys soliciting subscriptions to any newspaper published in the county or the state.
Route deliverymen who make deliveries at least once a week to regular customers and whose solicitation is only incidential to their regular deliveries.
[Adopted by Bill No. 75-76]
For the purposes of this article, the following words and phrases shall have the meanings respectively ascribed to them by this section:
- ESTABLISHED PLACE OF BUSINESS
- Any building or room licensed for the handling of the products enumerated in this article.
- ITINERANT RETAIL PRODUCE DEALER
- Any person without an established place of business within the limits of the county, selling or offering for sale from any cart, wagon, truck, automobile or other vehicle any fruits, vegetables, garden produce, eggs, cheese, game, veal, pork, mutton, lamb, rabbits or poultry to any person or to any restaurant, hotel or public institution within the limits of the county, provided that this article shall not apply to or affect any dealer having an established place of business within the limits of the county.
- Agricultural products, fruits and vegetables.
It shall be unlawful for any person to conduct or operate the business of an itinerant retail produce dealer without first having obtained a license to do so.
Written application for such license shall be made to the Department of Inspections, Licenses and Permits on forms prepared by the Executive Branch. Such application shall contain the name and address of the applicant and, if the applicant is a firm, the name and address of each member of the firm. If the applicant is a corporation or association, the application shall contain the names and addresses of its principal officers. The application shall contain such further information as may be required by the Executive Branch in order to inform such Department fully as to the nature of the business and the equipment and facilities to be used.
The license shall not be issued until it is approved by the County Health Officer or his designee.
Payment of fee; expiration; transfer. The license for each cart, wagon, truck, automobile or other vehicle used in the business of an itinerant retail produce dealer and operated or propelled along or upon the streets or thoroughfares of the county shall be twenty-five dollars ($25.) per annum, or a portion thereof, for each vehicle, which amount shall be paid to the Treasurer of the county. Such license shall expire on the first day of January each year and shall not be transferable.
The following regulations and conditions shall be observed by itinerant retail produce dealers licensed under this article:
Marking of vehicles; display of license. Each such dealer shall have his name, address and the number of his license painted conspicuously on both sides of his cart, wagon, truck, automobile or other vehicle, together with the words "itinerant retail produce dealer" in letters and figures of not less than three (3) inches in height, or have the same printed or stamped on metal plates to be so displayed on both sides of such vehicle, and he shall also carry such license and shall exhibit the same whenever required by any police officer or other officer authorized under the laws of the county to make arrests.
Other requirements. In addition to the conditions and regulations above set forth, each itinerant retail produce dealer licensed under this article shall be subject to the laws of the state and the county governing the sale of food products.
This article shall not apply to a farmer or producer who offers for sale or sells to persons, retailers, hotels, restaurants or public institutions or to commission merchants the products herein mentioned or any of them which he himself has raised or produced within the state. These persons, however, are subject to the provisions of state law.