Chapter 130

PEDDLING AND SOLICITING

[HISTORY: Adopted by the Mayor and Council of the Town of Chestertown 10-15-1984 as Ord. No. 6-84. Amendments noted where applicable.]

~ 130-1. License required.

It shall be unlawful for any peddler, hawker, vendor, canvasser or solicitor, as hereinafter defined, to engage in such activity within the Town of Chestertown without first obtaining a license therefor in accordance with the provisions of this chapter.

~ 130-2. Definitions.

When used in this chapter, the following terms shall have the following meanings:

ITINERANT MERCHANTS, TRANSIENT VENDORS and SALESMEN -- Deemed to be in the category of peddler, hawker, vendor, solicitor or canvasser as set forth in this section.

PEDDLER, HAWKER and VENDOR -- Includes any person, whether a resident of the Town of Chestertown or not, traveling either by foot, vehicle or any other type of conveyance who goes from house to house, from place to place or from street to street conveying or transporting goods, wares or merchandise and offering or exposing the same for sale or making sales and delivering articles to purchasers or who engages in any of the foregoing activities from a temporary standing location on the street or other public place.

SOLICITOR or CANVASSER -- Includes any person, whether a resident of the Town of Chestertown or not, who goes from house to house, from place to place or from street to street soliciting or taking or attempting to take orders for the sale of services to be performed in the future, whether or not such individual has, carries or exposes for sale a sample of the subject for such order and whether or not he is collecting advance payments on such orders, or who engages in any of the foregoing activities from a temporary standing location on the street or some other public place.

~ 130-3. Application and contents; hours for peddling and soliciting established; other permits.

A. Applicants for a license under this chapter shall file with the Town Manager a sworn application in writing on a form to be furnished by the Town Manager, which application shall give the following information:

(1) The name and a description of the applicant.

(2) The permanent home address and local mailing address, if any, of the applicant.

(3) A brief description of the nature of the business and the goods to be sold and the name and address of the principal office of their manufacturer as well as the name and address of the agent designated to receive service of process in the State of Maryland.

(4) If employed, the name and address of the employer.

(5) The length of time for which the right to do business is desired.

(6) The applicant's fingerprints, at the request of the Police Chief.

(7) A statement as to whether or not the applicant has been convicted of any crime, misdemeanor or violation of any municipal ordinance other than a traffic violation and the nature of the offense and the punishment or penalty assessed therefor.

(8) Whether or not orders are to be solicited or taken for the future delivery of goods or the performance of services.

B. The time of solicitation, peddling, hawking, vending and canvassing shall be between the hours of 9:00 a.m. and 7:00 p.m.

C. Before a license is issued pursuant to this chapter, all other necessary permits required by any governmental agency or subdivision shall be procured by the applicant.

~ 130-4. Investigation and issuance of license; maintenance of records.

A. Upon receipt of such application, the original shall be referred to the Police Chief, who shall cause to be made such investigation of the applicant's business and moral character as he deems necessary for the protection of the public welfare.

B. If as a result of such investigation the applicant's character or business responsibility is found to be unsatisfactory, the Police Chief shall endorse on such application his disapproval and his reasons for the same and return the application to the Town Manager, who shall notify the applicant that his application is disapproved.

C. If as a result of such investigation the character and business responsibility of the applicant are found to be satisfactory, the Police Chief shall endorse his approval on the application and return the application to the Town Manager, who shall, upon payment of the prescribed license fee, execute and notify the applicant that the license is available at the town office. The Town Manager shall keep a record of all licenses issued and of all complaints received, if any, concerning each license.

~ 130-5. Fees.

Fee for licenses shall be as designated by the Mayor and Council by resolution.

~ 130-6. Visible display of license required.

All licenses issued must be worn or displayed in such a manner as to be readily visible when engaged in the activities regulated herein.

~ 130-7. Duration of license; nontransferability; renewal.

All licenses issued under this chapter shall expire at the end of thirty (30) days from the date issued. Licenses shall not be transferable and must be surrounded after expiration before a renewal license can be issued.

~ 130-8. Revocation of license.

A. Causes. Licenses issued under this chapter may be revoked by the Police Chief after reasonable notice and hearing for any of the following causes:

(1) Misrepresentation or false statement contained in the application for the license.

(2) Misrepresentation or false statement made in the course of carrying on activities regulated herein.

(3) Conviction of any crime or misdemeanor involving moral turpitude.

(4) Conducting the business of soliciting and canvassing in an unlawful manner, in violation of this chapter or in such a manner as to constitute a breach of the peace or to constitute a menace to the health, safety or general welfare of the public.

B. Notification procedures prior to hearing. Notice of a hearing before the Mayor and Council for revocation of a license shall be given in writing, which notice shall set forth the grounds of the complaint and the time and place of the hearing. Such notice shall be served personally upon the licensee or mailed, postage prepaid, to the licensee at addresses given by the licensee in making application under ~ 130-3 of this chapter at least five (5) days prior to the date set for hearing.

~ 130-9. Right of appeal; procedures.

Any person aggrieved by the action of the Police Chief or the Town Manager in the denial of an application for a permit or license as provided in ~ 130-4 of this chapter or in the decision with reference to the revocation of a license as provided in ~ 130-8 of this chapter shall have the right of appeal to the Mayor and Council of the Town of Chestertown. Such appeal shall be taken by filing with the Mayor and Council, within fourteen (14) days after notice of the action complained of has been mailed to such person's last known address, a written statement fully setting forth the grounds for the appeal. The Mayor and Council shall set a time and place for a hearing on such appeal, and notice of such hearing shall be given to the appellant in the same manner as provided in ~ 130-8 of this chapter for notice of hearing on revocation.

~ 130-10. Maintenance and inspection of equipment.

The equipment used or employed by peddlers, hawkers and vendors of ice cream, foods, beverages, confections and other related commodities shall be maintained in a clean and sanitary manner and be subject to inspection by and comply with the rules and regulations of the Kent County Health Department and the ordinances of the Town of Chestertown.

~ 130-11. Exemptions from licensing requirements.

A. This chapter shall not be construed to include the selling of any article at wholesale to dealers in such articles or the delivery of milk, eggs, bread, newspapers or other such necessary and perishable articles of food or merchandise of a type commonly delivered on a house-to-house basis at intervals of less than one (1) week.

B. Any veteran who holds a special license issued under the laws of the State of Maryland shall be exempt from securing a license or paying the fee as provided herein but shall be required to comply with all other applicable sections of this chapter and shall be required to register with the Town Manager and obtain a permit, which will be issued by the Town Manager upon proper identification and exhibition of such state license.

C. Certain nonprofit organizations.

(1) Any nonprofit religious, charitable, educational, civic or veterans' organization, society, association, service club, volunteer first aid or fire company, etc., desiring to solicit or have solicited in its name money, donations of money or property or financial assistance of any kind or desiring to sell or distribute any item of literature or merchandise for which a fee is charged or solicited from persons other than members of such organization at any place or places within the Town of Chestertown for a charitable, religious, patriotic or philanthropic purpose shall be exempt from the provisions of ~~ 130-3, 130-4 and 130-5 of this chapter, provided that there is filed a sworn application, in writing, with the Town Manager or Police Chief, which application shall give the following information:

(a) The name and purpose of the cause for which the permit is sought.

(b) The name and address of the organization.

(c) The period during which solicitation is to occur.

(d) The name and address of each agent or representative who will conduct solicitations and the length of time that said agent or representative has been employed or affiliated with such organization, society, association or corporation.

(2) Upon being satisfied that such person, organization, society, association, etc., is a bona fide nonprofit religious, charitable, educational, patriotic or philanthropic organization and that the agents or representatives who shall conduct the solicitations are of good moral character and reputation, the Town Manager or Police Chief shall issue a permit, without charge to such organization, association or corporation, to solicit in the town. Such organization, association, society, corporation, etc., shall furnish to all its members, agents or representatives conducting solicitation credentials, in writing, stating the name of the agent and the duration and purpose of solicitation.

D. Any school, political or civic organization, benevolent society, service club or organization not operated for profit which is located in or has substantial membership from the Town of Chestertown is hereby exempt from the provisions of this chapter.

E. Persons selling locally grown fresh produce and locally caught fresh seafood products shall be exempt from the provisions of ~ 130-5 of this chapter and shall pay a fee as established by resolution of the Mayor and Council: furthermore, all persons selling such produce and seafood products shall be restricted to the designated area on the southwest side of Park Row or other areas as designated by the Mayor and Council.

~ 130-12. Violations and penalties.

A violation of the terms of this chapter shall be considered a municipal infraction subject to a penalty as provided in ~ C11-4B of the Charter.