The term “established place of business”, as used in this subtitle, shall mean and include any building or room licensed for the handling of the products in this subtitle named.
The term “itinerant wholesale produce dealer”, for the purposes of this subtitle, shall mean and include any person, firm, association, or corporation who is a non-resident of the City of Baltimore and/or the State of Maryland and who is without an established place of business within the City of Baltimore, selling or offering for sale from any cart, wagon, truck, automobile, or other vehicle any fruits, vegetables, garden produce, butter, eggs, cheese, game, veal, pork, mutton, lamb, rabbits, or poultry not grown, raised, produced, made, manufactured, caught, trapped, or killed in the State of Maryland to any person, firm, or corporation for the purpose of resale, or to any restaurant, hotel, or public institution within the City of Baltimore.
City Code, 1950, art. 19, §67(a), (b)
1966, art. 15, §84(a), (b)
1976/83, art. 15, §102(a)(1st cl.), (b)
Ord. 33-449
Provided, however, that this subtitle shall not apply to or affect any dealer having an established place of business within the City of Baltimore.
Nor shall it apply to or affect any person, firm, or corporation who sells exclusively to or through, or who buys exclusively from, a duly accredited wholesale food establishment that is licensed and complies with the requirements, as such, of the City of Baltimore, and State of Maryland.
City Code, 1950, art. 19, §67(a)
1966, art. 15, §84(a)
1976/83, art. 15, §102(a)(2nd cl.)
Ord. 33-449
Provided further, that this subtitle shall not apply to a farmer or producer or person who offers for sale or sells to retailers, hotels, restaurants, processors, or public institutions or to commission merchants the products herein mentioned, or any of them, which were grown, raised, or produced, made, manufactured, caught, trapped, or killed, within the State of Maryland.
But it shall be unlawful, however, for any such farmer or producer or person or any employees of such farmer or producer, or person to engage in the business of selling the products herein mentioned, or any of them, to retailers, hotels, restaurants, or public institutions within the City of Baltimore unless he applies annually to the Director of Consumer Protection and Business Licensing for a permit so to sell.
Any farmer or producer or person desiring to secure such permit shall file with the Director of Consumer Protection and Business Licensing annually an application, with his post office address, subscribed and sworn to before a notary public, which shall state that he will sell or offer for sale only such products as were grown, raised, produced, made, manufactured, caught, trapped, or killed in the State of Maryland.
It shall be the duty of the said Director of Consumer Protection and Business Licensing to investigate and verify the statements of the applicant if he is not satisfied with the proofs submitted.
The permits issued to farmers or producers or persons shall be in the form of a metal plate, on which shall be printed or stamped “Farmer’s Permit No. ”.
The fee for such permit shall not exceed $1 each.
Said plate shall be displayed in a conspicuous place on wagon or other vehicle by said farmer or producer or person at all times when selling his products.
City Code, 1950, art. 19, §67(c), (d)
1966, art. 15, §84(c), (d)
1976/83, art. 15, §102(c), (d)
Ord. 33-449
Ord. 76-067
It shall be unlawful for any person, firm, association, or corporation to conduct or operate the business of an itinerant wholesale produce dealer, as hereinbefore in this subtitle defined, without first having obtained a license so to do.
City Code, 1950, art. 19, §68
1966, art. 15, §86
1976/83, art. 15, §103(1st sen.)
Ord. 33-449
Ord. 76-067
Written application therefor shall be made to the Director of Consumer Protection and Business Licensing on forms prepared by the Director.
Such application shall contain:the name and address of the applicant;
if the applicant is a firm, the name and address of each member of the firm; and
if the applicant is a corporation or association, the names and addresses of its principal officers.
The application shall contain such further information as may be required by the Director of Consumer Protection and Business Licensing in order to inform him fully as to the nature of the business, the equipment and facilities to be used.
City Code, 1950, art. 19, §68
1966, art. 15, §85
1976/83, art. 15, §103(2nd - 5th sens.)
Ord. 33-449
Ord. 76-067
The license fee for each and every cart, wagon, truck, automobile, or other vehicle used in the business of an itinerant wholesale produce dealer and operated or propelled along or upon the streets or thoroughfares of the City of Baltimore shall be $200 per annum, or a portion thereof, for each vehicle, which amount shall be paid to the Director of Finance.
Said license:shall expire on January 1 of each year; and
shall not be transferable.
City Code, 1950, art. 19, §69
1966, art. 16, §85
1976/83, art. 15, §104(1st par.)
Ord. 33-449
Ord. 76-067
The following regulations and conditions shall be observed by itinerant wholesale produce dealers licensed under this subtitle.
Each such dealer shall have his name, address, and the number of his license painted conspicuously on both sides of his, its, or her cart or carts, wagon or wagons, truck or trucks, automobile or automobiles, or other vehicles in letters and figures of not less than 2 inches in height, or have the same printed or stamped on metal plates to be so displayed on both sides of said vehicles.
And he or she or it shall also carry such license and shall exhibit the same whenever required by any police officer or other officer authorized under the laws or ordinances of the City of Baltimore to make arrests.
In addition to the conditions and regulations above set forth, each itinerant wholesale produce dealer licensed under this subtitle shall be subject to the laws of Maryland and the ordinances of Baltimore City governing the sale of food products.
City Code, 1950, art. 19, §70
1966, art. 15, §87
1976/83, art. 15, §105
Ord. 33-449
The Director of Consumer Protection and Business Licensing may revoke such license at any time by notice in writing whenever it shall appear to his satisfaction that the licensee has violated the provisions of this subtitle and has failed to correct same upon due notice from the Director.
City Code, 1950, art. 19, §69(2nd par.)
1966, art. 15, §86(2nd par.))
1976/83, art. 15, §104(2nd par.)
Ord. 33-449
Ord. 76-067
For the Code-wide standard for severability, see <cite data-path="|general">City General Provisions Article</cite>, <cite data-path="|general|1|2|1-214">§ 1-214</cite>.
In addition to any other civil or criminal remedy or enforcement procedure, this subtitle may be enforced by issuance of a civil citation under City Code <cite data-path="|1">Article 1</cite>, Subtitle 41 {“Civil Citations”}.
The issuance of a civil citation to enforce this subtitle does not preclude pursuing any other civil or criminal remedy or enforcement action authorized by law.
Ord. 03-595