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.
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 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.
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.
On and after September 1, 2023, retail establishments may not
provide plastic carryout bags to customers at the point of sale.
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.