In this subtitle, the following terms have the meanings indicated. “Department” means the Baltimore City Department of Consumer Protection and Business Licensing. “Food product” means any item used as food, drink, confectionery, or condiment for human consumption, whether simple or compound. “Food product” does not include medicine, drugs, or alcohol. “Ice cream truck” means a vendor that earns substantially all of its revenue from the sale of ice cream or similar frozen food confections from a vehicle. “Mobile vendor” means any person that sells, distributes, or offers to sell or distribute food products, other merchandise of any kind, or services from a motor vehicle on City streets or private property within the City of Baltimore. “Mobile vendor” does not include a horse-drawn wagon. “Mobile vending zone” means an area designated in accordance with <cite data-path="|15|§17-5">§ 17-5 {“Mobile vending zones”} of this subtitle</cite> for the use of mobile vendors. “Motor vehicle” has the meaning stated in <cite data-path="|31">Article 31</cite>, §1-2(c){“Motor vehicle”}. “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 vendor” means:a mobile vendor; or any other person who sells or distributes, or offers to sell or distribute food products or other merchandise on any street. “Vendor truck” means any motor vehicle used for the purpose of selling any food product, other merchandise, or service by a mobile vendor. “Vendor vehicle” means:any animal-drawn wagon; any motor vehicle; or any trailer, handcart, pushcart, or other vehicle. City Code, 1976/83, art. 15, §100(a)(3rd sen.) Ord. 74-590 Ord. 86-685 Ord. 04-854 Ord. 14-237 Ord. 22-124 Ord. 22-125 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 uses of mandatory terms (“must” and “shall”), prohibitory terms (“may not”, “must not”, and “no ... may”), and permissive terms (“may”), see <cite data-path="|general">City General Provisions Article</cite>, <cite data-path="|general|1|1|1-104">§ 1-104</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 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