In this subtitle, the following terms have the meanings indicated.
“Board” means the Baltimore City Board of Consumer Protection and Business Licensing.
“Business” means any person engaged in an enterprise for profit that operates in Baltimore City.
“Complainant” means the person who initiated a complaint to the Department of Consumer Protection and Business Licensing under this subtitle.
“Department” means the Baltimore City Department of Consumer Protection and Business Licensing.
“Director” means the Director of the Baltimore City Department of Consumer Protection and Business Licensing or the Director’s designee.
“Respondent” means a business that is the subject of a complaint under this subtitle.
“Unfair, abusive, or deceptive trade practices” has the meaning stated in Title 13 of the State Commercial Law Article.
There is a Baltimore City Department of Consumer Protection and Business Licensing.
The purpose of the Department is:
to centralize the administration of City business licenses, permits, and practices specified in subsection § 42-9 {“Business practices under oversight of the Department – Listing”} of this subtitle;
to ensure compliance with City licensing requirements;
to ensure City businesses are properly licensed and operating in accordance with City law;
to investigate claims of unfair, abusive, or deceptive trade practices; and
to enforce business licensing and consumer protection provisions of the City Code.
The Department may:
administer, oversee, and enforce City business licenses, permits, and practices, including business processes and related licenses created by the subtitles specified in § 42-9 {“Business practices under oversight of the Department – Listing”} of this subtitle;
receive complaints and take action to investigate complaints of:businesses operating without a license;
businesses operating with improper licensing;
businesses violating the terms of a business license; and
unfair, abusive, or deceptive trade practices against consumers under City Code Article 2, Subtitle 4 {“Unfair, abusive, or deceptive trade practices”};
set licensing fees, with the approval of the Board of Estimates;
bring enforcement actions against a business for violating City law, including initiating a hearing before the Board of Consumer Protection and Business Licensing;
issue summonses and subpoenas during an investigation under this subtitle;
issue environmental citations, as described under subtitle 40 of this article;
issue civil citations, as described under subtitle 41 of this article;
report to any appropriate government agency with jurisdiction any information concerning violation of any consumer protection law; and
advise the Mayor and City Council on issues relevant to City business licensing and consumer protection.
The Director is responsible for the administration and oversight of the Department.
The Director is appointed by the Mayor in accordance with <cite data-doc="City of Baltimore, Md., Charter" data-path="IV|§6">Article IV, § 6 of the City Charter</cite>.
The Director shall receive such salary as may be provided for in the Ordinance of Estimates.
The Department may employ staff in accordance with the Ordinance of Estimates.
The Department may expend funds authorized in the Ordinance of Estimates or any supplemental appropriations.
Subject to Title 4 {“Administrative Procedure Act – Regulations”} of the City General Provisions Article, the Director must adopt rules and regulations to carry out this subtitle.
On or before June 30 of each year, the Department must submit an annual report for the previous calendar year to the Mayor and City Council that details:
the activities of the Department; and
complaints received by the Department, including the following information:number of complaints filed and investigated by the Department;
number of investigations initiated by the Department;
nature of complaints filed with the Department; and
the disposition or resolution of each complaint or investigation; and
recommendations for additional legislation and policy to regulate business licensing and protect consumers.
The Department is responsible for the administration, oversight, and enforcement of the business processes, related licenses, and prohibitions created by the subtitles listed below:
Subtitle 1. Auctions
Subtitle 4. Unfair, Abusive, or Deceptive Trade Practices
Subtitle 6. “Going Out of Business” Sales
Subtitle 7. Scrap Collectors and Scavengers
Subtitle 8. Scrap Metal Dealers
Subtitle 10. Motor Fuel Sales
Subtitle 11. Pawnbrokers
Subtitle 12. Second-Hand Property, Antiques, and Consignment Goods
Subtitle 13. Licensing of Peep Show Establishments
Subtitle 2. Amusements
Subtitle 3. Amusement Device Location Permits
Subtitle 6. Carriages, Wagons, Boats, and Scows
Subtitle 7. Employment Agencies
Subtitle 9. Late-Night Commercial Operations
Subtitle 11. Massage Establishments
Subtitle 12. Commercial Parking Facilities
Subtitle 13. Special-Event Parking Lots
Subtitle 15. Street Entertainers
Subtitle 17. Street Vendors
Subtitle 18. Itinerant Wholesale Produce Dealers
Subtitle 20. Transient Merchants
Subtitle 22. Towing Services – Trespass Towing