<?xml version='1.0' encoding='utf-8'?>
<baltimore-city-law heading="§ 22-5 Applications.">
  <section prefix="§" num="22-5" heading="Applications.">
    <para num="(a)" heading="In general.">
      <para num="(1)">Applications shall be made on forms furnished by the Department.</para>
      <para num="(2)">With the application, the applicant shall pay a non-refundable application fee of $100 to the Director of Finance.</para>
      <para num="(3)">Before the examination, the applicant shall pay an additional non-refundable fee, to be set from time to time by the Board of Estimates in an amount sufficient to cover the cost to the City of necessary background checks and investigations.</para>
    </para>
    <para num="(b)" heading="Investigation; qualifications.">
      <para num="(1)">Prior to the issuance of a license, the Department shall determine the qualifications of each applicant to be licensed as hereinafter provided.</para>
      <para num="(2)">The Department shall conduct an investigation of the applicant for a towing service license.</para>
      <para num="(3)">The investigation shall include the following:<para num="(i)">a determination that the applicant has the ability to engage in the licensed activity without detriment to the public;</para>
        <para num="(ii)">the adequacy of the applicant’s storage and/or repair facilities;</para>
        <para num="(iii)">whether the storage facility is located in a location that is readily accessible for the recovery of a motor vehicle;</para>
        <para num="(iv)">proof that the vehicle(s) to be licensed is properly registered and complies with all applicable laws, regulations, and rules established by the State of Maryland pursuant to the State Transportation Article;</para>
        <para num="(v)">proof that the applicant has complied with any other rule or regulation provided in this subtitle or, subject to Title 4 {“Administrative Procedure Act – Regulations”} of the &lt;cite data-doc="City of Balt., Md., Ord. 25-013" data-path="|general"&gt;City General Provisions Article&lt;/cite&gt;, adopted by the Department; and</para>
        <para num="(vi)">proof that the applicant’s storage and/or repair facilities are located in a place which is properly zoned for such use.</para>
      </para>
      <para num="(4)">No person shall be denied a license solely on the grounds that he has a criminal record, unless such conviction is within a period of 3 years prior to the application and involves the theft of property or constitutes a series of crimes which include the theft, receiving, or sale of stolen motor vehicles.</para>
    </para>
    <para num="(c)" heading="Designated agent.">
      <para num="(1)">Each application shall include the name and business address of a natural person 18 years of age or older who:<para num="(i)">is customarily present in an office in the City for the purposes of transacting business; and</para>
        <para num="(ii)">has been designated by the applicant as the applicant’s authorized agent:<para num="(A)">for receiving notices issued pursuant to this subtitle; and</para>
          <para num="(B)">for receiving court process on behalf of the applicant in connection with the enforcement of this subtitle.</para>
        </para>
      </para>
      <para num="(2)">The Department must be notified within 10 days of any change in the designated agent.</para>
    </para>
    <annotation type="Prior Codifications">City Code, 1976/83, art. 15, §135(a)(intro), (2) - (4)</annotation>
    <annotation type="History">Ord. 89-273, Ord. 91-726</annotation>
    <annotation type="History">Ord. 06-357</annotation>
    <annotation type="History">Text Conformed 03/01/21</annotation>
    <annotation type="Editor's Notes">By authority of Ordinance 20-431, Section 5, the Director of Legislative Reference, in consultation with the Law Department, has conformed subsection (b)((3)(v) 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.</annotation>
    <annotation type="History" />
  </section>
</baltimore-city-law>
