Maryland Political Subdivisions - Miscellaneous Provisions Section 11-302

      (a)      This section applies only to Frederick County.

      (b)      In this section the following words have the meanings indicated.

            (1)      "Transient or temporary vendors" means all persons, partnerships, corporations, or other legal entities, and their principals and agents, who:

                  (i)      Engage in a business for the purpose of selling or soliciting orders for the sale of goods, wares, or merchandise;

                  (ii)      Are located in one location or travel from place to place;

                  (iii)      Have the intent to continue this business in Frederick County for a period of a year or less; and

                  (iv)      For the purpose of conducting this business, rent, use, or occupy the following:

                        1.      Buildings, including:

                        A.      Rooms or halls in motels, hotels, or other lodging houses; or

                        B.      Public auditoriums, facilities, or civic centers;

                        2.      Any lots or parcels of land including:

                        A.      Streets;

                        B.      Alleys;

                        C.      Roads; or

                        D.      Parks; or

                        3.      Motor or nonmotorized vehicles of any type including:

                        A.      Automobiles;

                        B.      Trucks;

                        C.      Boats; or

                        D.      Carts.

            (2)      "Date of issuance" means the date on which the license is actually obtained by the vendor and the date the vendor may legally proceed with business.

      (c)      The Board of County Commissioners of Frederick County may:

            (1)      License and regulate persons who conduct a transient or temporary business; and

            (2)      Require a license to be obtained before conducting business within Frederick County.

      (d)      This section does not apply to the following:

            (1)      Travelers or selling agents, including auctioneers, in the usual course of business;

            (2)      The mere solicitation of orders for the future delivery of goods, wares, or merchandise in interstate commerce;

            (3)      Sales of goods, wares, or merchandise exhibited on the grounds used by any agricultural society for the purpose of holding that agricultural society's annual fair;

            (4)      Sales by any other nonprofit organization or society for charitable, religious, or other public purpose;

            (5)      Conventions of religious, civic, or charitable groups or nonprofit trade associations, concerts, cultural events, art and craft shows, sales, exhibitions, or fairs where the exhibitor is the sole producer of the products;

            (6)      Sales by a farmer or a farmer's agent of produce from a truck or stand owned or leased by the farmer;

            (7)      Shows, sales, exhibitions, or fairs conducted within the central pedestrian areas of enclosed shopping malls; or

            (8)      Sales by a seller at a residential premises pursuant to an invitation by the owner or legal occupant of the residential premises.

      (e)      (1)      The promoter, sponsor, or other person organizing a convention, show, or sale that includes at least 10 participants shall pay a license fee and obtain a license in accordance with the provisions of this section.

            (2)      Transient vendors participating in a convention, show, or sale licensed according to this subsection may not be required to obtain a separate transient vendor's license.

      (f)      At least 30 days before the date of intended sale, each transient vendor shall furnish to the County Commissioners of Frederick County a verified, written application that contains the following:

            (1)      The name and address of the applicant and the true owner, if not the applicant, of the goods, wares, or merchandise to be sold or exhibited for sale;

            (2)      The name and address of the employer of the applicant or the persons with whom the applicant is associated and the length of this employment or association;

            (3)      The nature and place of employment of the applicant during the preceding 12 months;

            (4)      An estimate of the length of time and exact location in which the applicant will pursue the activities contained in this section; if a fixed site is occupied, then the address of the property owner;

            (5)      The names and addresses of at least 3 individuals who have known that applicant for at least 1 year and who will verify the facts contained in the application;

            (6)      The applicant's Maryland State sales and use tax number;

            (7)      The address of any permanent place of business in the State, or a copy of the certificate from the State Department of Assessments and Taxation stating that the applicant has qualified to do business in the State, and the name and address of the applicant's agent;

            (8)      If the applicant is an individual, partnership, or corporation, proof that the individual or partnership is qualified to do business in and has obtained all necessary permits and licenses from the State and county for the operation of the business;

            (9)      A description of the nature of the business and goods, wares, or merchandise intended for sale or the catalog from which they can be ordered;

            (10)      A description and motor vehicle tag number of any vehicle used in connection with the applicant's activities;

            (11)      A statement as to whether the applicant has ever been convicted of a felony or misdemeanor and, if so, the nature of the offense, when and where convicted, and the penalty or punishment imposed;

            (12)      The place where the goods, wares, or merchandise are manufactured, their location at the time of the filing of this application, and the proposed method of delivery; and

            (13)      Any additional information which the County Commissioners may require.

      (g)      (1)      An applicant for a transient vendor's license shall execute and file a bond in the amount of $10,000 with the County Commissioners of Frederick County along with a surety qualified to do business in the State and approved by the County Commissioners of Frederick County.

            (2)      The bond shall be payable to the extent of any taxes, fees, or fines.

            (3)      The surety shall indemnify a purchaser who suffers a loss by reason of defective merchandise or misrepresentation.

            (4)      The bond shall provide that the County Commissioners of Frederick County may file suit in their own name against the licensee or surety on the bond for taxes, fees, or fines due from the licensee that are not paid within 30 days of the termination of the sale or license.

            (5)      The bond shall provide that a purchaser at a sale may maintain an action against a licensee or surety for claims arising from the sale.

            (6)      The bond shall continue in effect for 1 year after the termination of the transient vendor's license, and until all actions are concluded and judgments have been satisfied or until the amount of bond has been exhausted by these payments.

            (7)      The bond shall be in addition to all deposits, license fees, permit fees, or other requirements under Frederick County law.

            (8)      The applicant shall deposit a sum of cash which is equivalent to the full amount that would be due for the license based on the estimated time that the license will be required.

      (h)      (1)      The County Commissioners of Frederick County shall verify the statements made by the applicant contained in the application for the license.

            (2)      If a false statement is contained in the application, the license may be denied and if denied, a refund shall be made, less administrative costs.

      (i)      (1)      If the Frederick County Commissioners approve the application and the surety bond, and the license fee is paid, the County Commissioners of Frederick County shall issue the license within 20 days of the application date.

            (2)      The license shall be for the duration and term applied for in the application, and shall terminate automatically.

      (j)      (1)      A transient vendor shall pay the following license fee to Frederick County before commencing business:

                  (i)      A minimum of $1,000, which shall cover a period of 1 month or less from the date of issuance; and

                  (ii)      The sum of $500 for each additional month or portion of a month.

            (2)      The maximum amount payable for a license shall be $3,500.

            (3)      The license shall be issued for 1 year or less.

      (k)      (1)      A transient vendor may not engage in business without first obtaining the necessary license required under this section.

            (2)      This section does not exempt a vendor from obtaining any other license or permit of the United States, the State, Frederick County, or any other municipal corporation in Frederick County, or from being subjected to liability, tax liability, or any other regulations that may be applicable in the United States, the State, Frederick County, or any other municipal corporation in Frederick County.

            (3)      Unless otherwise permitted by law, a licensed transient vendor may not sell goods, wares, or merchandise on Sunday.

      (l)      A person who engages in a transient business in violation of this section is guilty of a misdemeanor and on conviction, shall be subject to a fine not to exceed $2,500 or imprisonment for not more than 1 year or both.

      (m)      Law enforcement personnel from any municipal corporation in Frederick County, Frederick County, and the State may enforce compliance with the provisions of this section.