As used in this chapter, the following terms shall have the
meanings indicated:
CHARITABLE ORGANIZATION
A.
Any benevolent, philanthropic, patriotic, not-for-profit, educational,
religious or eleemosynary group, association or corporation which
qualifies under § 501 of the Internal Revenue Code as a
tax-exempt organization.
B.
A fire company which is organized for the prevention and extinguishment
of fires.
CONTRIBUTION
The promise or grant of any money, credit, property, financial
assistance or any other thing of value, including payments for literature
in excess of the fair market value of said literature.
INCORPORATED TOWN
Cecilton, Charlestown, Chesapeake City, Elkton, North East,
Perryville, Port Deposit and Rising Sun.
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.
ITINERANT RETAIL SEAFOOD 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 seafood or seafood products.
NEWSPAPER
A paper that is distributed and contains news, articles of
opinion and advertising. This definition includes community newspapers
and pennysavers.
PEDDLER
Any person, either principal or agent, who in/on any public
street, road or highway or public place or from any vacant property,
whether publicly or privately owned, or by going from place to place
or house to house, delivers or distributes advertising material, literature,
pamphlets, samples or handbills or sells or offers for sale, barter
or exchange any goods, wares, merchandise, service or any other article
or thing whatsoever, either in his possession or not in his possession,
either for immediate or future delivery.
PERSON
A natural person, corporation, partnership, association,
joint-stock company, society or any other entity of any kind.
PRODUCE
Agricultural products, fruits and vegetables.
RESIDENTIAL PREMISES
A house, apartment, condominium, cooperative or mobile home
which is used as a dwelling place or domicile by the occupant.
SOLICITOR
Any person, either principal or agent, who acts, in any public
street, road or highway or public place or from any vacant property,
whether publicly or privately owned, or by going from place to place
or house to house for the following purposes:
A. Selling any goods, wares or merchandise, including magazines and
printed matter, or accepts subscriptions or orders therefor.
B. Accepting or requesting donations for any charitable purpose.
All persons desiring a permit under the requirements of this
chapter shall register with the Department of Permits and Inspections
and furnish the following information:
A. The name, home address and local address, if any, of the applicant.
B. A physical description of the applicant, setting forth the applicant's
age, height, weight and color of hair and eyes, and any other distinguishing
physical characteristics of the applicant.
C. The name, address and telephone number for the firm or corporation
for which or through which orders are to be solicited and cleared.
D. The nature of the goods, wares or merchandise for which orders are
to be solicited.
E. A statement as to whether the applicant has been convicted of a felony
or misdemeanor and, if so, what.
F. Current verification that the applicant holds a Maryland sales tax
identification number.
G. A copy of a valid state motor vehicle operator's license (copy to
be attached).
H. If the applicant is unable to meet the criteria of Subsection
G above, some other type of identification with picture is required (copy to be attached).
The provisions of this chapter shall not apply to the following:
A. The peddling of farm produce by farmers or persons who produce such
goods. The term "farm produce" shall be interpreted to mean only edible
farm products.
B. The peddling of seafood or seafood products of any kind which have
been taken from waters within the limits of the County.
C. Members of any civic or charitable organization who are registered
with the Cecil County Department of Permits and Inspections, when
the names of the solicitors have been listed as such members and the
organization has provided each person with an approved means of identification
of the organization represented.
D. The delivery of food, goods, wares, merchandise, magazines, periodicals,
produce, services or commodities previously ordered by the occupant
of the premises to which the same is delivered or on which the services
are to be performed.
E. Route deliverymen who make deliveries at least once a week to regular
customers and whose solicitation is only incidental to their regular
deliveries.
F. The delivery of newspapers.
G. School-affiliated groups (i.e., PTA, band boosters, etc.), provided
that the organization is associated with a Cecil County school.
H. Cecil County organized youth teams (baseball, soccer, basketball,
softball, field hockey, etc.).
Within the unincorporated boundaries of Cecil County, soliciting or peddling shall be prohibited before the hour of 9:00 a.m. or after the earlier of 1/2 hour after sunset or 8:00 p.m. Except as otherwise provided, this provision shall not apply to transactions under §
265-4 of this chapter.
Any person who violates any provision of this chapter is guilty
of a misdemeanor and shall be subject, upon conviction thereof, to
a fine not to exceed $500 or imprisonment not to exceed three months,
or both, for each violation. Each violation of this chapter is considered
a separate offense.
All fees shall be established by resolution by the Cecil County
Council as provided for by law. Copies of the fee schedule will be
available in the office of the Cecil County Council and the Department
of Permits and Inspections.