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 of Consumer Protection and Business Licensing, in consultation with the Department of Transportation may adopt rules and regulations to carry out this subtitle. In accordance with <cite data-doc="City of Balt., Md., Ord. 25-013" data-path="|general">General Provisions Article</cite> <cite data-doc="City of Balt., Md., Ord. 25-013" data-path="|general|4|3|4-301">§ 4-301</cite>, the Department of Consumer Protection and Business Licensing must publish, for public hearing and comment, notice of all rules and regulations proposed for adoption under this subtitle. A copy of all rules and regulations under this subtitle must be filed with the Department of Legislative Reference at least 30 days before they take effect. City Code, 1976/83, art. 15, §100(c)(4) Ord. 74-590 Ord. 77-493 Ord. 99-526 Ord. 04-854 Ord. 14-237 Text Conformed 03/01/21 Ord. 22-124 By authority of Ordinance 20-431, Section 5, the Director of Legislative Reference, in consultation with the Law Department, has conformed subsections (a) and (b) of 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.

After public notice has been provided to area business and neighborhood organizations, the Director of Transportation, in consultation with the Department of Consumer Protection and Business Licensing may designate spaces on City streets or other public property as “mobile vending zones” for the exclusive use of mobile vendors during designated hours. A proposed designation under paragraph (1) of this subsection must contain an assessment of the zone’s potential impact on:vehicular and pedestrian traffic, including any impediment to ingress to and egress from established businesses; public safety and health; parking in the area; and area residents and businesses. No mobile vending zone may be designated within 2 blocks of the grounds of any building used as a public or private kindergarten, elementary school, or secondary school. The mobile vending zones designated under this section may be set aside for the use of mobile vendors at all times or for specified times, dates, and days. The Department of Transportation in consultation with the Department of Consumer Protection and Business Licensing may temporarily relocate or suspend mobile vending zones at any time due to emergencies or to further public safety, public health interests, or City operations. Mobile vending zones designated under this section must be marked by clear signs that specify the hours and times during which the zones are reserved for the exclusive use of mobile vendors. The rules and regulations adopted under this subtitle must:establish a process and timeline for requesting, establishing, assigning, and removing mobile vending zones; and require a public hearing, as well as provide an opportunity for the filing of written protests, before a mobile vending zone is designated. Ord. 14-237 Ord. 22-124

This subtitle does not apply to the sale of newspapers. Ord. 04-854 Ord. 14-237

No street vendor may operate in Baltimore City without first having obtained a license to do so from the Department of Consumer Protection and Business Licensing. City Code, 1976/83, art. 15, §100(c)(4) Ord. 74-590 Ord. 77-493 Ord. 99-526 Ord. 04-854 Ord. 14-237 Ord. 22-124

In its rules and regulations, the Department may:designate various classes of licenses to be issued; and for each class of license, specify:the types of merchandise that may be sold under the license; the locations or areas for which the license is effective; the days and times for which the license is effective; the maximum number of licenses to be issued for a particular location or area or for a particular day or time of day; the maximum number of licenses of each class that may be issued in total; and the maximum number of licenses that may be issued to a single person. In designating classes and specifying limitations, the Department, in consultation with the Department of Transportation, must consider:the volume and types of vehicular and pedestrian traffic in a proposed vending location or area; the proximity to a proposed vending location or area of schools, religious institutions, parks, and residences; the number of licenses issued to the same person; the impact of street vending activities on the health, safety, and general welfare of the public; and comments from area schools, businesses, institutions, and residents. City Code, 1976/83, art. 15, §100(c)(3)(1st sen.) Ord. 74-590 Ord. 77-493 Ord. 04-854 Ord. 14-237

The Department of Consumer Protection and Business Licensing may impose reasonable limitations and conditions on any license issued under this subtitle, as necessary or proper to carry out the purpose and intent of this subtitle. Except as otherwise provided in paragraph (2) of this subsection, the Department may determine the size, shape, design, and dimensions of any container, conveyance, sign, table, chair, other appurtenance, or vendor vehicle to be used in connection with a license issued under this subtitle. The Department may not issue a new or renewal license for a mobile vendor to operate out of any vehicle with a total operating space that is longer than 25 feet, including any generator, hitch, trailer, or other motor vehicle attachment. City Code, 1976/83, art. 15, §100(c)(3)(2nd sen.), (h) Ord. 74-590 Ord. 77-493 Ord. 04-854 Ord. 14-237 Ord. 22-124 Section 3 of Ordinance 14-237 qualifies this subsection as follows [N]otwithstanding <cite data-path="|15">Article 15</cite>, § 17-17(b)(2), as enacted by this Ordinance, a mobile vendor who, on the effective date of this Ordinance, held a valid street vendor’s license for a vehicle longer than 25 feet is entitled, if otherwise qualified for a license and renewals under this Ordinance, to obtain a license and 1 or more consecutive renewals for the continued operation of that vehicle for up to, but not beyond, 5 years after the effective date of this Ordinance. Ord. 14-237 became effective February 28, 2015.

An application for a license must be made in the form that the Department of Consumer Protection and Business Licensing requires. The application must contain:the applicant’s name and address; the applicant’s age; the type of merchandise or service for which the license is sought; the location or area for which the license is sought; for the sale of any food product, evidence that the applicant has obtained the appropriate license from the Health Department; and any other information that the Department of Consumer Protection and Business Licensing requires. The application must be signed and verified before a notary public or other officer authorized to administer oaths. If the application is by a sole proprietorship, it must be signed by the owner; if by a partnership, it must be signed by an authorized partner; or, if by a corporation, limited liability company, or similar entity, it must be signed by an authorized officer. City Code, 1976/83, art. 15, §100(d) Ord. 74-590 Ord. 77-493 Ord. 04-854 Ord. 04-237 Ord. 22-124

Except as provided in <cite data-path="|15|§17-20">§ 17-20 {“Temporary Licenses”} of this subtitle</cite>, a license expires on the 1<sup>st</sup> anniversary of its effective date. Before a license expires, the street vendor may renew it for an additional 1-year term. A renewal application must be:in the form the Department of Consumer Protection and Business Licensing requires; and submitted to the Department, with the applicable annual fee, at least 30 days before the current license expires. Ord. 14-237 Ord. 22-124

The Department of Consumer Protection and Business Licensing may issue a temporary license to be used in connection with a charitable, educational, artistic, civic, or other public function or activity. The term of a temporary license is 4 days. A temporary license may be renewed for 1 additional 4-day period on application and payment of an additional license fee for that renewal period. Further renewal periods beyond the 1 authorized by paragraph (2) of this subsection require the approval of the Department after consultation with affected businesses, residents, and community organizations. City Code, 1976/83, art. 15, §100(f) Ord. 74-590 Ord. 77-491 Ord. 04-854 Ord. 14-237 Ord. 22-124

Application, license, and other fees are as set by the Board of Estimates from time to time. The fees established by the Board of Estimates may vary based on the license class, vendor type, or location at which a vendor is authorized to operate. City Code, 1976/83, art. 15, §100(e) Ord. 74-590 Ord. 77-435 Ord. 77-491 Ord. 77-493 Ord. 90-507 Ord. 04-854 Ord. 14-237

The Department must maintain a list of all current licenses issued under this subtitle. Ord. 14-237

This section does not apply to a person who obtains a country grower’s license under<cite data-path="|15|§17-25">§ 17-25 {“Vendor identification – Country growers”} of this subtitle</cite>. The Department of Consumer Protection and Business Licensing must issue an identification badge for each license issued. The identification badge:must be of laminated plastic or other durable substance; and must bear:the street vendor’s name and address; the type of merchandise or service 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 date on which the license expires; and an identifying number that corresponds with number of the license. While vending, each street vendor must prominently display the badge in the manner specified in the rules and regulations adopted under this subtitle. If a badge is lost, the Department must issue a replacement badge on payment by the licensee of the applicable fee. City Code, 1976/83, art. 15, §100(i) Ord. 74-590 Ord. 77-493 Ord. 04-854 Ord. 14-237 Ord. 22-124

A street vendor who sells fruits, vegetables, or other perishable articles that have been produced or grown by that vendor may apply for a special, country grower’s license under this section. The application for a country grower’s license must contain, in addition to the information required by <cite data-path="|15|§17-18">§ 17-18 {“Applications”} of this subtitle</cite>:the location of the land from which the fruits, vegetables, and other perishable articles are produced or grown; whether the applicant owns or leases that land and, if the latter, the name of the owner and the term of the lease; and a statement that the applicant:intends to use the license personally or by agent solely for the sale of his or her own produce; and will not permit the license or the sign issued under this section to be used by any other person or for the sale of any produce other than that which he or she produces or grows. Instead of the badge provided for in <cite data-doc="City of Balt., Md., Ord. 25-013" data-path="|15|§17-24">§ 17-24 {“Vendor identification – In general”} of this subtitle</cite>, the Department of Consumer Protection and Business Licensing must provide the producer or grower with a sign to be displayed on his or her vehicle. This sign must be:of the size and design the Department determines; and imprinted with:the words “Country Grower’s License No. ”; and the date the license expires. The producer or grower must display this sign in a conspicuous place on his or her vendor vehicle. City Code, 1927, art. 25, §50 1950, art. 19, §66 1966, art. 15, §83 1976/83, art. 15, §99 Ord.13-252 Ord. 76-067 Ord. 99-526 Ord. 04-854 Ord. 14-237 Ord. 22-124

Every street vendor of food products must provide sufficient trash receptacles for the use of customers. On leaving any location, the street vendor must remove all trash within a 10-foot radius of the place at which the vendor vehicle stood or was parked. City Code, 1976/83, art. 15, §§98C, 98D Ord. 77-592 Ord. 04-854 Ord. 14-237

A mobile vendor may not park a vendor truck within 2 blocks of a mobile vending zone. Ord. 14-237

A mobile vendor may not park a vendor truck within 300 feet of any retail business establishment that is primarily engaged in selling the same type of food product, other merchandise, or service as that offered by the mobile vendor. City Code, 1976/83, art. 19, §§173, 174 Ord. 69-526 Ord. 70-708 Ord. 99-548 Ord. 04-672 Ord. 04-854 Ord. 14-237

A mobile vendor may not sell any food product without keeping a detailed logbook noting the vendor’s daily use of its supporting commissary. The logbook must:be in the form the Department of Consumer Protection and Business Licensing requires; and contain all the information required by the rules and regulations adopted under this subtitle. The logbook must be made available for review to any City inspector or enforcement officer upon request. Ord. 14-237 Ord. 22-124

In a residential area, no street vendor may stand or park his or her vehicle:for more than 15 minutes at a given location, except as authorized by subsection (b) of this section; or within 300 feet of any location at which the vehicle stood or parked during the preceding 48 hours. An ice cream truck may not stand or park at a given location for more than 15 minutes unless necessary to serve immediate customers. Ord. 14-237

Except as provided in subsection (b) of this section, a street vendor may not operate between the hours of midnight and 6 a.m. Subsection (a) of this section does not apply to a street vendor operating between the hours of midnight and 6 a.m. in accordance with the terms and conditions of a special event permit from the Department of Consumer Protection and Business Licensing that explicitly grants permission to operate during those hours. Ord. 14-237 Ord. 22-124

No street vendor may operate within 2 blocks of a City market designated in City Code <cite data-path="|16|§1-2">Article 16, § 1-2 {“Scope of article”}</cite>. Ord. 14-237

From 7 a.m. to 8 p.m., no street vendor may stand or park her or his vendor vehicle within 2 blocks of the grounds of: any building used as a public or private kindergarten, elementary school, or secondary school; or any public transit stop serving a kindergarten, elementary school, or secondary school. City Code, 1976/83, art. 15, §§98B, 98D Ord. 77-592 Ord. 04-854 Ord. 14-237

Except as provided in subsection (b) of this section, a street vendor may not sell any food product, other merchandise, or service within 2 blocks of the perimeter of any farmers’ market authorized by the Commissioner of Housing and Community Development when the farmers’ market is in operation. Subsection (a) of this section does not apply to a street vendor who:has written permission from the farmers’ market organizer and permit holder to operate as a participating vendor of the farmers’ market; and prominently displays documentation evidencing this permission issued in accordance with the rules and regulations adopted under this subtitle. City Code, 1976/83, art. 19, §165A Ord. 84-033 Ord. 03-595 Ord. 04-854 Ord. 14-237

In addition to any other civil or criminal remedy or enforcement procedure, this subtitle may be enforced by issuance of:an environmental citation as authorized by City Code <cite data-path="|1">Article 1</cite>, Subtitle 40 {“Environmental Control Board”}; or a civil citation as authorized by City Code <cite data-path="|1">Article 1</cite>, Subtitle 41 {“Civil Citations”} The issuance of a citation to enforce this subtitle does not preclude pursuing any other civil or criminal remedy or enforcement action authorized by law. Ord. 14-237

A person who violates any provision of this subtitle or of a rule or regulation adopted under this subtitle is guilty of a misdemeanor and, on conviction, is subject to a penalty of $500 for each offense. Ord. 14-237

The Department of Consumer Protection and Business Licensing 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 vendor’s 3<sup>rd</sup> violation of any provision of Part III of this subtitle within any 1-year period, the Department must revoke that street vendor’s license. If a license is revoked, the former licensee may not apply for a new license until at least 1 year from the date of revocation. The Department’s issuance of a denial, suspension, or revocation of a license is effective immediately, and any operations previously allowed by the denied, suspended, or revoked license must cease immediately and may not resume until the Board of Municipal and Zoning Appeals issues a written decision reversing the Department’s decision. City Code, 1976/83, art. 15, §100(k) Ord. 74-590 Ord. 04-854 Ord. 14-237 Ord. 22-124

Repealed. City Code, 1976/83, art. 15, §100(l) Ord. 74-590 Ord. 04-854 Ord. 14-237 Ord. 22-124