[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.
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.
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.
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.
A place where food or drink is prepared for sale or service
on the premises or elsewhere; or
Any operation where food is served to or provided for the public,
with or without charge.
"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.
"Food service facility" does not include:
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;
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
A cottage food business as defined in § 21-301(B-1)
of the Health General Article, Annotated Code of Maryland.
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.
"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.
"Plastic carryout bag" does not include a plastic bag used to:
Package bulk items, including fruit, vegetables, nuts, grains,
candy, or small hardware items;
Contain or wrap fresh meat, or seafood;
Contain or wrap flowers, potted plants, or other damp items;
Contain unwrapped prepared foods or bakery goods;
Contain garments or dry-cleaned clothes, including suits, jackets,
and dresses; or
Provided by a retail establishment to take live fish, insects,
mollusks, or crustaceans away from the 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.
A bag with stitched handles that is specifically designed
and manufactured for multiple reuse and is made of:
On and after September 1, 2023, retail establishments may not
provide plastic carryout bags to customers at the point of sale.
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.
Rules and regulations deemed necessary to implement this article may be adopted by resolution and are subject to the same penalties as set out in § 129-15.
