[HISTORY: Adopted by the Harford County Council
as indicated in article histories. Amendments noted where applicable.]
[Adopted by Bill No. 75-76[1]]
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:
A.
The name, local and permanent address, age, race,
weight, height, color of hair and eyes and any other distinguishing
physical characteristics of the applicant.
B.
The nature or purpose for which solicitations will
be made and the nature of the goods, wares and merchandise offered
for sale.
C.
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.
D.
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.
A.
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.
B.
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]
C.
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:
A.
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.
B.
Remain in a private residence or on the premises thereof
after the owner or occupant has requested such person to leave.
C.
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.
D.
Engage in the practice of soliciting in the county
without a license required by this article.
E.
Knowingly allow an employee or agent to solicit without
a license required by this article.
F.
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:
A.
Any person who visits any residence or apartment at
the request or invitation of the owner or occupant thereof.
B.
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]
C.
Newsboys soliciting subscriptions to any newspaper
published in the county or the state.
D.
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[1]]
For the purposes of this article, the following
words and phrases shall have the meanings respectively ascribed to
them by this section:
Any building or room licensed for the handling of the products
enumerated in this article.
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.
A.
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.
B.
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.
C.
The license shall not be issued until it is approved
by the County Health Officer or his designee.
A.
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:
A.
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.
B.
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.
