[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 2-14-2023 by Ord. No. 23-O-01. Subsequent amendments noted where applicable.]
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.
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.
Any person who shall violate any provision of this article or any provision of any rule or regulation adopted by the Mayor and Council pursuant to the authority granted by this article 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 the person fails to do so within the ten-day period, a citation shall be delivered to the person in accordance with the provisions of § C8-3 of the City Charter and of the Local Government Article, Annotated Code of Maryland, advising the person of the imposition of a fine as set forth in Chapter 110, Fees and Penalties, payable to the City. In the event that the violation is not fully corrected, within the following ten-day period, a second citation shall be delivered to the person in violation imposing an additional fine in the amount as set forth in Chapter 110, Fees and Penalties. For each successive five-day period in which the violation is not fully corrected, an additional citation with an additional fine as set forth in Chapter 110, Fees and Penalties, may be issued to the violator.
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.
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.
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.
(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.
(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.
(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.
(8) 
Absent an explicit authorization by the City, no vendor shall be permitted to operate:
(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.
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.
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.
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[1] or the Transportation Article of the Maryland Code, §§ 22-401 and 22-401.1, as amended.
[1]
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.
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.
In this section the following words have the meanings indicated.
FOOD SERVICE FACILITY
A. 
A place where food or drink is prepared for sale or service on the premises or elsewhere; or
B. 
Any operation where food is served to or provided for the public, with or without charge.
C. 
"Food service facility" includes a micro market licensed under Title 17, Subtitle 17 of the Business Regulation Article of the Annotated Code of Maryland and a farmers' market.
D. 
"Food service facility" does not include:
(1) 
A kitchen in a private home where food is prepared at no charge for guests in the home, for guests at a social gathering, or for service to unemployed, homeless, or other disadvantaged populations;
(2) 
A food preparation or serving area where food is prepared or served only by an excluded organization, such as a nonprofit fraternal, civic, war veterans, religious, or charitable organization or volunteer fire department, as defined in § 21-301(E) of the Health General Article, Annotated Code of Maryland; or
(3) 
A cottage food business as defined in § 21-301(B-1) of the Health General Article, Annotated Code of Maryland.
PLASTIC CARRYOUT BAG
A plastic bag that is provided by a retail establishment to a customer at the point of sale and is not a reusable carryout bag.
A. 
"Plastic carryout bag" includes a compostable plastic bag that meets the specifications of the American Society of Testing and Material International Standard Specification for Compostable Plastics D6400.
B. 
"Plastic carryout bag" does not include a plastic bag used to:
(1) 
Package bulk items, including fruit, vegetables, nuts, grains, candy, or small hardware items;
(2) 
Contain or wrap fresh meat, or seafood;
(3) 
Contain or wrap flowers, potted plants, or other damp items;
(4) 
Contain unwrapped prepared foods or bakery goods;
(5) 
Contain garments or dry-cleaned clothes, including suits, jackets, and dresses; or
(6) 
Provided by a retail establishment to take live fish, insects, mollusks, or crustaceans away from the retail establishment.
RETAIL ESTABLISHMENT
A store, a food service facility, or any other establishment that provides bags to its customers as a result of the sale of a product.
REUSABLE CARRYOUT BAG
A bag with stitched handles that is specifically designed and manufactured for multiple reuse and is made of:
A. 
Cloth or other washable fabric; or
B. 
A durable material suitable for multiple re-use that is not made of plastic film.
A. 
Charge.
(1) 
On and after September 1, 2023, a retail establishment shall charge, collect, and retain at least $0.10 for each paper carryout bag and reusable carryout bag that it provides to a customer, with the exception that the City will designate one week per year when retail establishments may provide reusable bags free of charge to customers.
(2) 
The charge for paper carryout bags shall not apply to a paper bag containing prescription medication provided by a pharmacy to a customer.
B. 
A retail establishment may not advertise, hold out, or state to the public or to a customer, directly or indirectly, that reimbursement of any part of the money collected under this section will be assumed or absorbed by the retail establishment or refunded to the customer.
C. 
A retail establishment shall indicate on the consumer transaction receipt the number of paper and reusable carryout bags provided by the store and the total amount of money charged.
A. 
The provision of one or more plastic carryout bags prohibited by § 129-13 at a single point of sale is a single violation. The failure to charge the amount of money required under § 129-14 for the provision of one or more paper or reusable carryout bags at a single point of sale is a single violation. Each day that the retail establishment commits a violation constitutes a separate offense.
B. 
A violation of this article shall constitute a municipal infraction.
C. 
Whenever it is determined that there are reasonable grounds to believe that there has been a violation of any provision of this article or of any rule or regulation adopted pursuant thereto, written notice of such alleged violation will be given to the owner/operator of the retail establishment. Notice may be given in person or by regular mail. For any subsequent violation, the owner/operator of the retail establishment shall be subject to a fine as set out in Chapter 110, Fees and Penalties.