In this subtitle, the following terms have the meaning indicated.
“Department” means the Department of Consumer Protection and Business Licensing.
“Street” means any street, boulevard, road, highway, alley, lane, sidewalk, footway, mall, esplanade, or other way or place that is owned by the City or habitually used by the public.
“Street entertainer” means any person who, either alone or as part of a group:performs on the streets of this City; and
solicits, encourages, or accepts donations before, during, or after the performance.
“Street entertainer” includes a:musician;
juggler;
mime;
puppeteer;
unicyclist;
clown;
magician
sword swallower;
dancer;
poet;
performance artist; or
comedian.
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For the Code-wide standard definition of “person”, see <cite data-path="|general">City General Provisions Article</cite>, <cite data-path="|general|1|1|1-107">§ 1-107</cite>.
For the Code-wide standard definition of “includes” and “including”, see <cite data-path="|general">City General Provisions Article</cite>, <cite data-path="|general|1|1|1-105">§ 1-105</cite>.
Subject to Title 4 {“Administrative Procedure Act – Regulations”} of the <cite data-doc="City of Balt., Md., Ord. 25-013" data-path="|general">City General Provisions Article</cite>, the Department shall adopt rules and regulations to carry out this subtitle.
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Text Conformed 03/01/21
By authority of Ordinance 20-431, Section 5, the Director of Legislative Reference, in consultation with the Law Department, has conformed this section to refer expressly to and reflect the requirements of the recently-enacted Administrative Procedure Act that, effective January 15, 2021, governs the proposal, adoption, and publication of administrative rules and regulations.
No person may perform as a street entertainer without first having obtained a license to do so from the Department.
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In its rules and regulations, the Department shall:designate various classes of licenses to be issued; and
for each class of license, specify:the types of entertainment that may be performed under the license;
the locations or areas for which the license is effective;
the days and times for which the license is effective; and
the maximum number of licenses to be issued for a particular location or area or for a particular day or time of day.
In designating classes and specifying limitations, the Department shall consider:the volume and types of vehicular and pedestrian traffic in a proposed street entertainment location or area;
the proximity of schools, religious institutions, parks, or residencies to a proposed street entertainment location or area;
the number of licenses issued to the same person; and
the impact of street entertainment activities on the health, safety, and general welfare of the public.
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The Department may impose reasonable limitations on any license issued under this subtitle, as necessary or proper to carry out the purpose and intent of this subtitle.
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An application for a license must be made in the form the Department requires.
The application must be accompanied by a one-time, non-refundable application fee of $25, to cover the cost of investigating and processing the application.
The application must contain:the applicant’s name and address;
the applicant’s age;
the type of entertainment for which the license is sought;
the location or area for which the license is sought; and
any other information the Department requires.
The application must be verified before a notary public or other officer authorized to administer oaths.
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Unless renewed, a license expires on the 1<sup>st</sup> anniversary of its effective date.
Before a license expires, a licensee may renew it for an additional 1-year term, if the licensee submits to the Department a renewal application in the form the Department requires.
Except as specified in paragraph (2) of this subsection, no fee may be imposed for the timely renewal of a license.
If a licensee seeks to modify the terms of her or his license (e.g., location or type of entertainment), the renewal application must be accompanied by a one-time, non-refundable application fee of $25.
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The Department shall issue an identification badge for each license issued.
The identification badge:shall be of laminated plastic or other durable substance; and
shall bear:the name and address of the licensee;
the type of entertainment for which the license is issued;
the location or area for which the license is issued;
the days or times to which the license is limited;
the year for which the license is issued; and
an identifying number that corresponds with the number of the license.
Each entertainer must prominently display the badge while entertaining.
If a badge is lost, the Department shall issue a replacement badge on payment by the licensee of a $10 fee.
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The Baltimore Office of Promotion and The Arts, or its successor, shall assist the Department by:
advertising and promoting the availability of licenses under this subtitle; and
distributing to licensees the licenses and badges issued under this subtitle.
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A street entertainer may not:
set any fee or require any donation for his or her performance; or
suggest any minimum or maximum donation.
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The Department may suspend or revoke a license if the licensee violates any provision of:this subtitle;
the rules and regulations adopted under this subtitle; or
any other applicable law of the State or City.
On a street entertainer’s 3<sup>rd</sup> violation of any provision, the Department must revoke the street entertainer’s license.
If a license is revoked, the former licensee may not apply for a new license until 1 year from the date of revocation.
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An aggrieved party may appeal to the Board of Consumer Protection and Business Licensing:the denial, suspension, or revocation of a license; or
any other decision or ruling by the Department.
The appeal must be taken in writing within 10 days from the date of notice of the denial, suspension, revocation, decision, or ruling.
The Board of Consumer Protection and Business Licensing:shall hold a hearing on the appeal as soon as practicable; and
may affirm, modify, or reverse the action of the Department.
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Any person who violates any provision of this subtitle or of the rules and regulations adopted under it is guilty of a misdemeanor and, on conviction, is subject to a fine of not more than $500 for each offense.
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