City of College Park, MD
Prince George's County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Mayor and Council of the City of College Park 7-12-1966 by Ord. No. 66-O-11; amended in its entirety 9-10-1991 by Ord. No. 91-O-22. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Fees and penalties — See Ch. 110.
[Amended 9-26-2006 by Ord. No. 06-O-6]
No person shall engage in or carry on any business, trade, occupation, solicitation, vending, temporary business, or operate any amusement device, or hold a liquor license, or engage in any other activity within the corporate limits of the City of College Park, Maryland, for which a license and/or fee is imposed under the provisions of this chapter without first having obtained from the Public Services Department of said City the applicable license and/or having paid the applicable fee.
A. 
Applications for all licenses shall be made upon the proper form, as provided by the City, and may be made in person or by mail.
B. 
The Public Services Department shall not issue a license under the terms of the chapter unless the applicant shall have complied with all of the applicable provisions of the laws and statutes of the United States, the State of Maryland, Prince George’s County and the City of College Park. The City may deny a license to any applicant who is a registered sex offender, convicted felon, or who presents any other clear and present danger to the public. If at any time the licensee shall fail to comply with all of said applicable laws and statutes, or the terms of the license, and if such noncompliance shall continue after an order of compliance has been issued by the City, the Public Services Department shall revoke said license, and said licensee shall cease from engaging in such business, occupation or use within the City.
[Amended 9-26-2006 by Ord. No. 06-O-6]
All such licenses as may be issued under the provisions of this chapter shall be issued for a period of one year, unless otherwise specified herein and shall be renewed upon continued compliance with the provisions of this chapter. Any and all license fees shall be payable upon first issuance and all subsequent renewals of said license. All fees shall be payable at the time the license is issued or renewed. The fees shall be set forth in Chapter 110 of this Code. The Public Services Director may add such reasonable conditions or restrictions to the license as reasonably necessary to protect the public safety and the purposes of this chapter.
A. 
If for any reason a license is revoked, there shall be no return of the fees paid therefor, and all required fees shall be payable upon reissuance of said license.
B. 
All licenses issued under the provisions of this chapter shall be prominently displayed in the manner set forth hereinbelow.
[Amended 12-10-1991 by Ord. No. 91-O-24]
Any person who shall violate any provision of this chapter or any provision of any rule or regulation adopted by the Mayor and Council pursuant to the authority granted by this chapter shall be issued a notice containing the requirement that the violation must be fully corrected within 10 days from the date of the notice and that, in the event that he/she fails to do so within the ten-day period, a citation shall be delivered to him/her in accordance with the provisions of § C8-3 of the City Charter and Article 23A, § 3(b)(2), of the Annotated Code of Maryland, advising him/her of the imposition of a fine as set forth in Chapter 110, Fees and Penalties, payable to the City. In the event that he/she elects not to stand trial for the violation and the violation is not fully corrected, within the following ten-day period, a second citation shall be delivered to him/her in accordance with the same provisions advising him/her of the imposition of an additional fine in the amount as set forth in Chapter 110, Fees and Penalties. For each successive five-day period in which he/she elects not to stand trial for the violation and the violation is not fully corrected, an additional citation shall be delivered to him/her advising him/her of the imposition of an additional fine as set forth in Chapter 110, Fees and Penalties.
A. 
For the purposes of this chapter, the term "amusement device" shall mean any electrically or mechanically operated machine or device utilized for amusement purpose, including slot machines, pinball machines and other such devices.
B. 
Display of license. The license for each such machine shall be displayed on the front thereof.
A. 
Any person, partnership or corporation or other organization that is a holder of a liquor, wine and/or beer license or licenses issued by any unit of government and who shall exercise such license within the City of College Park shall obtain from the City an alcoholic beverage license.
B. 
Display of license. Said license shall be displayed in a prominent manner upon the premises wherein said license shall be exercised.
[1]
Editor's Note: Former § 129-5, Vending machines, was repealed 9-26-2006 by Ord. No. 06-O-6. This ordinance also renumbered former §§ 129-7 and 129-8 as §§ 129-5 and 129-6, respectively.
A. 
For the purposes of this chapter, the term "mobile vendor" shall mean any truck, automobile, trailer, towed vehicle or any other mechanical conveyance, or any wagon, platform, handcart or pushcart, from which goods or services of any kind are bought or sold, such as ice cream vending trucks, food vending trucks and similar conveyances for such uses, and the terms "vend," "vended" or "vending" shall include the buying or selling of goods or services.
[Amended 9-26-2006 by Ord. No. 06-O-6; 5-10-2011 by Ord. No. 11-O-08]
B. 
Display of license. The license for each such mobile vendor shall be displayed on the rear thereof.
C. 
Regulations. All mobile vendor licensees shall comply with the following rules and regulations:
(1) 
Goods or services shall be vended from but one side and/or the rear of said mobile vendor at any one time, and the side of the same from which said goods or services are vended shall be located adjacent to the curb or side of the road nearest said vehicle.
[Amended 5-10-2011 by Ord. No. 11-O-08]
(2) 
No mobile vendor shall operate within the City of College Park unless equipped with flashing warning devices on both the front and rear thereof, so located as to be completely visible to other vehicles approaching from either direction at any time and in operation at all times in which the mobile vendor is serving customers.
(3) 
No mobile vendor shall operate within the City of College Park between the hours of 9:00 p.m. and 9:00 a.m.
[Amended 9-26-2006 by Ord. No. 06-O-6]
(4) 
No mobile vendor shall utilize anything other than a small bell for the purposes of drawing customers, and said bell shall be used in a reasonable manner.
(5) 
The operator's compartment of all mobile vendors shall be equipped with doors or such other necessary means as may be required to prevent entrance into said compartment of persons other than the operator thereof, and the operator of said mobile vendor shall be responsible for preventing such access by unauthorized persons thereto.
(6) 
Vendors may not stop for more than 15 minutes at a single stop, after which the vendor must move his/her vending station or conveyance and other related items a minimum of 1,000 feet from the previous location. Vendors 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, nor shall any vehicle be parked, stored or left overnight other than in a lawful parking place.
[Added 9-26-2006 by Ord. No. 0-O-6]
(7) 
Vendors shall keep the sidewalks, roadways and other spaces adjacent to their vending sites or locations clean and free of paper, peelings and refuse of any kind generated from the operation of their businesses. All trash or debris accumulating within 25 feet of any vending stand shall be collected by the vendor and deposited in a trash container. Persons engaged in food vending shall affix to their vending station, vehicle, pushcart or other conveyance a receptacle for litter that shall be maintained and emptied regularly and marked as being for litter.
[Added 9-26-2006 by Ord. No. 0-O-6]
(8) 
Absent an explicit authorization by the City, no vendor shall be permitted to operate:
[Added 9-26-2006 by Ord. No. 0-O-6]
(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) 
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.
(d) 
(Reserved)
(e) 
On the median strip of a divided roadway.
(f) 
Within 25 feet of any fire hydrant or fire escape.
(g) 
(Reserved)
(h) 
Within 25 feet of any parking space or access ramp designated for persons with disabilities.
[1]
Editor's Note: Former § 129-6, Taxicabs, was repealed 9-26-2006 by Ord. No. 06-O-6.
[Added 9-26-2006 by Ord. No. 06-O-6[1]]
No person engaged in vending or soliciting 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, platform, pushcart or conveyance upon any street for the purpose of selling or buying goods or services during the hours when parking, stopping and standing have been prohibited by signs or curb markings.
[Amended 5-10-2011 by Ord. No. 11-O-08]
D. 
Use any conveyance that, when fully loaded with merchandise, cannot be easily moved and maintained under control by the licensee, his/her employee, or an attendant.
E. 
Sell or buy any goods, services, wares or merchandise on public space unless the location has been or shall be hereafter so designated by the City Council for vending.
[Amended 5-10-2011 by Ord. No. 11-O-08]
F. 
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[2] or the Transportation Article of the Maryland Code, §§ 22-401 and 22-401.1, as amended.
[2]
Editor's Note: See Ch. 138, Noise.
G. 
Act 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.
H. 
Operate in violation of the terms and conditions of the City permit or in violation of the vending restrictions above.
[1]
Editor's Note This ordinance also renumbered former §§ 129-9 and 129-10 as §§ 129-8 and 129-9, respectively.
A. 
For the purposes of this chapter, the term "temporary business" shall mean any business carried on at a stationary location for a period of 30 days or less.
B. 
Display of license. Said license shall be prominently displayed upon the premises of said temporary business.
A. 
Nonprofit solicitors.
(1) 
For the purposes of this chapter, the term "nonprofit solicitor" shall mean any person soliciting from other persons within the City on a door-to-door basis donations for charitable purposes or for any other purpose or reason. This definition shall not be construed to include persons soliciting for churches or other organizations from members of the same church or organization. The license shall be issued for a specific period of time, not to exceed 30 days.
(2) 
Fee. Such licenses shall carry no fee requirements.
(3) 
Display of license. Every person so soliciting shall carry upon his/her person at all times the license so issued and shall produce the same to any person who may at any time request to see it.
B. 
Solicitors for profit.
(1) 
For the purposes of this chapter, the term "solicitor for profit" shall mean all persons soliciting for any reason within the City who do not come under the application or exclusion set forth in Subsection A hereinabove.
(2) 
Display of license. Every person so soliciting shall carry upon his/her person at all times the license so issued and shall produce the same to any person who may at any time request to see it.
C. 
No solicitor shall operate within the City of College Park between the hours of 9:00 p.m. and 7:00 a.m.
[Added 9-26-2006 by Ord. No. 06-O-6[1]]
[1]
Editor's Note: This ordinance also repealed former § 129-11, Auction houses, which followed this section.