Subtitle 5. Businesses and Licenses

Carnival shall mean any amusement enterprise which includes sideshows or games of chance and one or more rides;

Casino night shall mean a benefit performance at which card games, wheels of chance, or roulette are played and money winnings or tokens redeemable in money are awarded as prizes. Casino night does not include a benefit performance such as a carnival, fair, or bazaar at which the only form of gaming is a wheel of fortune, big wheel, or other wheel of chance.

Charitable gaming event shall mean a benefit performance conducted by an eligible organization at which any gaming authorized by Section 5-107 may occur.

Department shall mean the Department of Permitting, Inspections, and Enforcement.

Director shall mean the Director of Permitting, Inspections, and Enforcement.

Eligible group or organization shall mean a group or organization that has obtained and possesses a valid charitable gaming event permit.

Gaming Permit Review Board shall mean the Board established pursuant to Section 5-109.01 of this Division.

Raffle shall mean one (1) or more drawings from a single series of chances sold by means of chance books;

Ride shall mean any mechanical device or any structure open to the public by which persons are conveyed or propelled in an unusual manner for diversion; and

Slot Machine shall mean any machine, apparatus, or device if it is one that is adapted for use in such a way that, as a result of the insertion or deposit therein, or placing with another person of any piece of money, coin, token, or other object, such machine, apparatus, or device is caused to operate or may be operated, and by reason of any element of chance or of other outcome of such operation unpredictable by him, the user may receive or become entitled to receive any piece of money, coin, token, or other object representative of, and convertible into, money, irrespective of whether the said machine, apparatus, or device may, apart from any element of chance or unpredictable outcome of such operation, also sell, deliver, or present some merchandise or money or other tangible thing of value.

Both eligible organizations shall be responsible for meeting all reporting, permit, and tax requirements of this Division.

Applicants for a joint permit shall enter into a written agreement concerning joint operating responsibility and division of revenue. No less than fifty percent (50%) of the revenues net of expenses shall be enured to the benefit of the subordinate joint permit holder. All agreements must be in writing and signed by the chief executive officer of each eligible organization. All such agreements and any amendments thereto shall be filed with the Director.

The name of the group or organization and a full list of the names and addresses of its officers and directors and, in addition, for charitable gaming events, those who will control the proceeds and have authority to disburse funds derived from charitable gaming events;

A full and complete statement of the purposes and objects of the group or organization and the purposes for which the proceeds from such operation will be used;

A statement under affidavit by the president and treasurer of the group or organization, or by its chief executive and fiscal officers, that no agreement, written or oral, exists for the division of any portion of the proceeds from any games permitted by Section 5-116 of such benefit performance with any other person, group, partnership, association, or corporation;

A statement under affidavit that no person, group, partnership, association, organization, or corporation other than the applicant group or organization or bona fide member thereof will receive any portion of the proceeds of such benefit performance other than in furtherance of the purposes of such group or organization, except that previously agreed to amounts necessary to pay for benefit performance operating costs may be taken from proceeds;

For charitable gaming event permits, each initial application and each first application in succeeding calendar years shall require the submission of the following documents:

Any other information the Department or, for charitable gaming event permits, any other information that the Gaming Permit Review Board may require with respect to length of operation, number and kind of facilities, and number and kind of games.

The proposed benefit performance will cause a traffic problem detrimental to the use of the general public;

The noise created by the benefit performance will be an unreasonable invasion on the adjoining property owners; or,

For other reason that might jeopardize the health, safety, or welfare of the area or the County.

A determination is made that any information in the application is false or misleading; or

The operation of a charitable gaming event is not necessary for the accommodation of the general public or would disturb the peace, create a nuisance, or be detrimental to the morals, health, or welfare of the community.

A charitable gaming event either has caused, or will cause, traffic or parking problems detrimental to the welfare of the general public;

Noise generated by the charitable gaming event is, or will result in, an unreasonable intrusion upon the rights of adjoining property owners;

The charitable gaming event will jeopardize the health, safety, or welfare of residents or workers within the area or the County; or

Violations of any provisions of this Division exist.

After revocation, an organization may at any time apply to the Gaming Permit Review Board for reinstatement of a charitable gaming event permit. The petitioner shall present evidence that the petitioner has cured or corrected any violation or other cause which gave rise to the prior revocation. Within ten calendar days of receiving the request for reinstatement, the Gaming Permit Review Board shall issue a decision in writing and state in detail all reasons for granting or denying a request.

The Gaming Permit Review Board's decision may be appealed to the Board of Appeals pursuant to, and in accordance with, Section 2-117 of the Code.

All health, electrical, zoning, fire, and building laws and regulations;

Except for charitable gaming events, operation shall be limited to between the hours of 12:00 Noon and 11:00 P.M. on Sunday through Thursday, and between the hours of 12:00 Noon and 12:00 Midnight on Friday and Saturday, except as follows:

All charitable gaming event permits are subject to the following conditions:

The following activities are prohibited at charitable gaming events:

No person under 21 years old may be a patron or accompany any patron at a charitable gaming event.

The use of checks and drafts for gaming and the cashing of checks and drafts by persons working at a charitable gaming event are prohibited.

The benefit performance shall be managed and operated only by members of such group or organization personally, except that employees of any professional carnival operation may operate all rides and technical, mechanical, and electrical equipment and may operate special equipment, such as popcorn, coffee, and candy machines.

No person, association, corporation, or any other entity, other than a governmental agency or other organization as defined by Section 5-106, shall lease, rent, or receive any remuneration for any structure or premises to be used for a bingo operation other than the premises described in Section 5-113(a)(2). This paragraph shall not apply to a carnival.

No bingo games may be operated more than three (3) days a week at any one facility or location, except for games operated as part of any one carnival or County fair which games may be operated for up to a total of seventeen (17) days in any one year.

After revocation, a worker may at any time apply to the Director for reinstatement of a charitable gaming event license. The petitioner shall present evidence that the petitioner has cured or corrected any violation or other cause which gave rise to the prior revocation. Within ten calendar days of receiving the request for reinstatement, the Director shall issue a decision in writing and state in detail all reasons for granting or denying a request.

The Director's decision may be appealed to the Board of Appeals pursuant to, and in accordance with, Section 2-117 of the Code.

The dates of each charitable gaming event held during the reporting period;

The gross and net income derived from each event;

An itemized list of expenses, including the names and addresses of each vendor and lessor, the necessity of each expense, date of purchase or lease, and, if prepaid before the event(s), the source of the payment;

As of the date of filing, an itemized list of any gifts or donations made from the proceeds of the charitable gaming event, including:

A statement of the organization's intent as to the disposition of any unexpended portion of net proceeds from such events; and

A list of all persons who worked at charitable gaming events during the reporting period.

Any benefit performance, other than a raffle, charitable gaming event, or bingo, may include the award of cash prizes of not more than One Thousand Dollars ($1,000.00) per prize or the award of merchandise.

Any raffle may include the award of cash prizes totaling up to Five Thousand Dollars ($5,000.00) and the award of merchandise in any amount or the merchandise cash equivalent.

No bingo operation may include the award of cash prizes or merchandise in an amount or value greater than One Thousand Dollars ($1,000.00) per prize and such prizes shall not exceed a total amount or value of Eight Thousand Dollars ($8,000.00) per day of operation.

Any charitable gaming event may include the award of cash prizes of not more than One Thousand Dollars ($1,000.00) per prize.

The limitation on prizes for each licensed or permitted activity shall be determined individually, regardless of the number of activities which are operated at the same time or at the same location.

Each day the violation remains uncorrected is deemed a separate offense and is subject to an additional citation and fine as prescribed by Subsection (b) of this Section.

For a first violation, a thirty-day suspension of the group's or organization's permit to conduct a charitable gaming event and a Five Hundred Dollar ($500.00) civil penalty;

For a second violation, a six (6) month suspension of the group's or organization's permit to conduct a charitable gaming event and a maximum Three Thousand Dollar ($3,000.00) civil penalty; and

For a third violation, revocation of the group's or organization's permit to conduct a charitable gaming event and a Ten Thousand Dollar ($10,000.00) civil penalty.

Preemployment Medical Examination. Each staff member shall have a preemployment medical examination including a tuberculin skin test and, if positive or otherwise indicated, a chest x-ray, and furnish certification that he is free of tuberculosis in a communicable stage. The report of the examination shall include the physician's statement that the individual is physically able to perform the duties for which he is employed.

Tuberculosis Examination. Each adult in a facility who comes in contact with the children shall furnish certification, annually, unless waived by the Secretary or designee, that he is free of tuberculosis in a communicable stage. This certification shall be based on results of specific tests. The types of tests and the intervals between these tests shall be prescribed by the local Health Officer and shall conform to standards of the Department of Health and Mental Hygiene. The report on each examination shall be submitted promptly to the local health officer and returned to the person in charge of the child care facility.

Health Information. Each staff member, volunteer, substitute, participating parent, and member of the household who is in contact with the children enrolled in the facility shall, upon request, furnish such information, permit such examination, or x-rays and submit such laboratory specimens as the Health Officer may require for purpose of determining freedom from disease or condition hazardous to the children when the Health Officer has reason to believe that a communicable disease exists.

Communicable Disease. Staff personnel with evidence of communicable disease in a communicable stage or form shall not be permitted to work at the facility during the period of communicability.

Hand washing. Staff members shall wash hands thoroughly with soap and running water after handling wet or soiled diapers and clothing, after toileting children, after handling pets, and before handling food.

COVID-19 Vaccination. Staff members shall be fully vaccinated for the COVID-19 virus and shall provide proof of such vaccination.

Before a child is admitted to a center, evidence shall be furnished of primary immunizations against diphtheria, tetanus, pertussis, poliomyelitis, measles (rubeola), and German Measles (rubella), in a manner approved by the Health Officer and any other immunizations deemed necessary by the Secretary of the Department of Health and Mental Hygiene and in conformance with COMAR 10.06.04 Required Immunizations Prior to Entry Into a Maryland School. The immunization will be in accordance with the current schedule of immunizations recommended by the Maryland Steering Committee on Immunization Practices of the Medical and Chirurgical Faculty of Maryland. Exception may be made for a child whose parent or guardian furnishes proof that his child has had a minimum of one dose of DTP or Td (adult) tetanus, diphtheria, poliomyelitis, measles, and rubella vaccine, and continues to furnish written evidence toward the completion of the primary immunization series according to the current schedule of immunizations.

Medical Contraindications. Immunization requirements shall not apply to any child who presents a written statement from a licensed physician or the Health Officer indicating that immunization against any or all of the above mentioned diseases is considered medically contraindicated, detrimental to, or not in the best interest of the child's health. The statement shall indicate whether the contraindication is permanent or temporary. If temporary, the statement shall provide assurance that the child will receive the immunization(s) and furnish evidence of their completion.

Religious Conflict. Any parent or guardian who presents a written statement of objection to immunizations upon the grounds that they conflict with the tenets or practices of a recognized church or religious denomination of which he is a member, shall not be required to present a physician's certificate of immunization. This exception will not apply in case of an emergency or epidemic of disease which is declared by the Secretary of Health and Mental Hygiene.

Vaccine Provision. If for any reason a parent or guardian is not able to obtain the service of a private physician, he may take his child to the Health Department where such immunizations will be provided.

A reasonably static physical impairment that prevents gainful employment or the accomplishment of the routine of normal daily activities outside of an institutional or sheltered environment; or

A permanent or recurrent mental impairment that requires domiciliary or institutional care in a sheltered environment.

certified mail, return receipt requested (with service by certified mail being complete upon delivery and proof being shown by the green return receipt card); or

personal service of process by:

In case of failure to comply with a subpoena, the County, on behalf of the Prince George's County Department of Permitting, Inspections and Enforcement, may apply to a court of appropriate jurisdiction for an order requiring the attendance and testimony of witnesses and/or the production of records and documents, and/or the taking of interrogatories and depositions.

After notice to the person subpoenaed as a witness or directed to produce records and documents, and upon a finding that the attendance and testimony of the witness or the production of the records and documents is relevant or necessary for the ability to issue permits, conduct inspections and enforce Subtitles 4, 5 and 13 of the Prince George's County Code, the court may issue an order requiring the attendance and testimony of the witness and the production of the records and documents. Any failure to obey such an order of the court may be punished as contempt of court.

Certified psychologist. Such term shall have the same meaning as set out in Title 18, Health Occupations Article, Annotated Code of Maryland.

Director. The Director of Permitting, Inspections, and Enforcement or the Director's designee.

Fortunetelling and Similar Practice. Any attempt to tell fortunes or predict the future, for pay, by means of occult or psychic powers, faculties or forces, necromancy, palmistry, psychology, psychic psychometry, spirits, mediumship, seership, prophecy, cards, talismans, sorcery, charms, potions, magnetism or magnetized articles or substances, tea leaves, magic of any kind or nature, numerology or any other similar means, occupations, callings, or professions, businesses, trades, arts, crafts and devices.

His. The word "his" shall mean both masculine and feminine gender.

License. A certificate issued by the Director or his designee to a person, as defined herein, enabling such person to engage in the business of fortunetelling and similar practices as heretofore defined.

Person. An individual, and not an association, firm, partnership or corporation of any kind.

Psychologist. Such term shall have the meaning used in Section 18-101, Health-General Article, Annotated Code of Maryland.

The name, local and permanent address, age, weight, height, color of hair and eyes, and any other distinguishing physical characteristics of the applicant.

A legal description or address of the specific location used or proposed to be used in the operation or business of fortunetelling and similar practices as heretofore defined.

Three prints of recent and clear photographs, 2" × 2" in size, showing the head and shoulders of the applicant; and provided further, that one (1) of said photographs shall be permanently affixed to the face of any license certificate issued under this Division.

A statement as to whether the applicant has ever been convicted of a felony or misdemeanor, other than a motor vehicle violation pursuant to the Transportation Article of the Annotated Code of Maryland, and, if so, the nature of the offense, when and where convicted, and the penalty or punishment imposed therefor.

The names of at least three (3) references, unrelated to the applicant, who will certify as to the applicant's good character and business responsibility.

The applicant or licensee has failed to comply with any regulation contained in this Division or promulgated pursuant thereto.

The applicant or licensee furnished or made misleading or false statements on reports, certifications and written documents required by this Division.

A court having jurisdiction has found an applicant for a license or a licensee guilty of criminal activity during the preceding three (3) years directly relating to the operation or business of fortunetelling and similar practices as heretofore defined. A plea of nolo contendere shall be deemed to be the equivalent of a conviction or guilty plea for purposes of this Division.

The applicant or licensee has willfully and deliberately engaged in a course of conduct which is in violation of any provision of the Consumer Protection Ordinance or the consumer protection laws of the State or has repeatedly demonstrated a disregard for compliance with any provision or provisions of the Consumer Protection Ordinance or the consumer protection laws of the State.

Business means any place of commerce or commercial activity operated by a person and open to the public, including but not limited to: retail, service, entertainment, adult entertainment, professional, food and beverage, cannabis, cigarette or liquor sales establishments.

Department means the Prince George's County Police Department.

Late-Night Business means any Business that is open to the public at anytime between 12:00 A.M. and 4:00 A.M.

Late-Night Safety Plan means a plan approved by the Department in accordance with this Division.

Person means:

Priority Area means one or more police response areas where Late-Night Businesses and the surrounding community would benefit by operating in accordance with a Late-Night Safety Plan as identified and published by the Department, based upon public safety indicators to include, but not limited to:

Relevant Departments mean the Department of Permitting, Inspections, and Enforcement, Department of Health, and the Board of License Commissioners.

establish the process for the owner or operator of a Late-Night Business to submit a proposed Late-Night Safety Plan;

establish the process for the Department to consider and approve, after consultation with other Relevant Departments, a proposed Late-Night Safety Plan;

establish a process for the Department and with other Relevant Departments to provide best business safety resources, training information, and resources regarding business safety plans;

establish a template that a Late-Night Business must use to submit a proposed Late-Night Business Safety Plan; and

establish the minimum requirements of a Late-Night Safety Plan:

search patrons by the use of mental detectors, magnetometers, or pat downs; or

provide video recordings to the Department or other relevant departments, except when otherwise required by law.

Hospitals;

Healthcare Facilities;

Lodging Establishments; and

Movie Theaters.

An act or condition knowingly created, performed, or maintained on private property that constitutes a local code violation and that:

A property where the tenant, owner, or other occupant has been convicted of violations of § 10-201 or § 10-202 of the Criminal Law Article for conduct occurring on, in, or in relation to the property; or

A property to which police or other law enforcement agencies have responded to complaints or calls for service three (3) or more times within any 30-day period.

If an applicant has been previously denied a license or his or her license has been suspended or revoked, the Department shall not issue a certificate for the 90-calendar day operation of a short-term rental.

The provisions of this 5-175(b) may not be used to circumvent the provisions and intent of this Division.

An owner-occupied short-term rental shall not combine the 180 calendar days with any other days or time frames for short-term rentals.

A short-term rental that is not occupied by the owner shall not combine days with any other time frames to exceed the maximum allowable days.

A person who has filed a complete application with the Department and has been issued a certificate shall not combine days to exceed beyond the maximum allowable days. Every day that the person who has filed a complete application with the Department and received a certificate, rents his or her short-term rental, it is counted towards the maximum allowable days.

The fees are subject to change; any change in the licensing fee shall be prescribed in the Table of Fees.

Shall obtain and attest to liability insurance of at least $1,000,000.

Attest and ensure that each short-term rental unit has a working smoke detector and carbon monoxide detector in every bedroom, sleeping area and on all habitable floors;

Attest and ensure that each short-term rental unit has properly maintained, serviced, and charged fire extinguishers mounted in every bedroom, sleeping area and on all habitable floors in compliance with the Prince George's Fire Safety Code;

Attest and ensure that each short-term rental has a posting of the Owner's emergency contact information on the interior of the rental, a floor plan that indicates fire exits and escape routes that is conspicuously placed on the interior portion of the main entrance and in each room where there are sleeping quarters in the short-term rental;

Provide a picture to the Department as proof of the conspicuously placed posting of the emergency contact information on the interior of the rental, a floor plan that indicates fire exits and escape routes;

Attest and ensure the short-term rental is in compliance with all applicable laws and codes including but not limited to Subtitle 4 of the Prince George's County Code, all applicable property maintenance, electrical, plumbing and building codes;

Attest and ensure that notification has been provided to homeowner associations, condominium associations, common ownership communities, cooperatives, and, where applicable, municipalities where the short-term rental is located;

Attest and ensure compliance with the requirements of homeowner associations, condominium associations, common ownership communities, and cooperatives where the short-term rental is located;

Attest and ensure that the short-term rental has provided at least one (1) off street parking space for every three (3) overnight guests;

Attest to the host's intent to apply for the short-term rental license has been provided to the following neighbors and/or individuals in the adjacent homes including but limited to:

Attest and ensure that the short-term rental is the permanent residence of the host;

Attest and ensure the short-term rental has two (2) outdoor trash and one (1) recycling receptacles with tight fitting lids;

Attest to ownership of the short-term rental property;

Attest and ensure that the property has no outstanding taxes or liens and the property has no code violations;

Attest and ensure that accurate and current contact information of the owner of the short-term rental is provided on the application; the contact information shall include the following:

Attest and ensure that accurate and current information of an individual that will serve as the emergency contact, other than the host, who resides within Prince George's County or within 25 miles if the emergency contact resides outside of Prince George's County. The emergency contact is responsible for responding to the short-term rental for any issues that require immediate attention. This information shall be provided on the application; the contact information shall include the following:

Provide, within five (5) business days, updates to the contact information immediately or risk having the license revoked or denied;

Provide a list of all the licensed platforms the applicant intends to utilize;

Attest and ensure that the rules, as approved by the Department per Section 5-175.06(a) regarding short-term rental guests are posted on or by the main entrance used by the transients pursuant to Section 5-175.06 of this Division.

The fees are subject to change; any change in the licensing fee shall be prescribed in the Table of Fees.

Shall collect and remit all applicable hotel taxes through the platform;

Shall display conspicuously on interior of the short-term rental, the license with contact information of the licensed host, the Prince George's County, Maryland based emergency contact pursuant to Section 5-175.01(c)(19) and the contact information for the Department;

Shall not rent the short-term rental for more than 30 consecutive days;

Shall not rent the short-term rental more than 90 days per calendar year if the short-term rental is unoccupied by the owner;

Shall not rent the short-term rental more than 180 days per calendar year if the short-term rental is owner occupied;

Shall not combine allowable time frames to exceed the permissible calendar days for short-term rentals;

Shall not permit more than a total of eight (8) guests at any one time and there shall not be more than three (3) guests per bedroom;

Shall not permit any other individuals to utilize the short-term rental other than registered short-term rental guests;

The log shall contain the following information:

The fees are subject to change; any change to the annual $2,500 licensing fee shall be prescribed in the Table of Fees.

The total number of short-term rentals listed on the platform during the applicable reporting period;

A complete listing of all Prince George's County properties listed in the platform for the current and upcoming reporting periods;

The total number of nights that each listing on the platform was rented to transients during the applicable reporting period.

Address of the Host site;

Municipality;

Amount paid by the Host;

Department of Permitting, Inspections, and Enforcement Short-term rental license number; and

Total taxes charged, including Special Tax area payments if applicable, and paid for each stay.

Such quarterly payments shall be made on or before the last days of April, July, October and January in each year. They shall cover the amounts collected during the three (3) months immediately preceding the months in which reports, and remittances are required. Such quarterly payments shall be made on or before the last days of April, July, October and January in each year. They shall cover the amounts collected during the three (3) months immediately preceding the months in which reports, and remittances are required. The payments shall be made to the Department of Finance

Prince George's County, with approval of the governing body, may agree to an alternative method of tax collection with the Platform. However, if after the expiration of the term of the agreement, Prince George's County may require remittance of hotel taxes as outlined in Subtitle 10 Division 8 of the Prince George's County Code and Section 5-175.04(e)(1).

Promulgate rules and regulations that every properly licensed short-term rental shall display in the main entrance used by short-term rental guests;

Enforce any violation under this Division;

Maintain records on licensed short-term rentals and short-term rental platforms;

Provide reports on short-term rentals at the request of the County Executive and County Council;

Monitor short-term rentals for compliance with this Division, building code, zoning regulations and the Prince George's County Code;

Investigate suspected violations of this Division by platform hosts;

Issue any penalties, citations, and revocations consistent with the enforcement and penalty provisions of this Division.

Provide an annual report on short-term rentals. The report shall include the following information for the prior calendar year: a summary of activities for short-term rentals, the number of licenses issued, suspended, revoked, complaints regarding short-term rentals, revenue raised from the short-term rental licenses, staffing assigned in part or in full to ensure compliance with this section and other relevant information. The report shall be submitted to the County Executive by February 1. The County Executive shall transmit the report to the County Council by March 15.

The license number for all lawfully registered hosts;

The license number for all hosts who have an expired license;

The license number for all hosts who have a suspended license;

The license number of all hosts whose license has been revoked;

The name of individuals who have applied for a short-term rental license but were denied;

The certificate number for all the applicants that have filed a complete application and were issued a 90 day operation certificate.

Short-term rentals that rent, or offers to rent that unit or any portion thereof, by the hour or for any period of fewer than 24 consecutive hours;

Short-term rentals that rent, or offers to rent that unit or any portion thereof, more than once within any consecutive 24-hour period measured from the commencement of one rental to the commencement of the next;

Advertise an hourly rate or any rate for any short-term rental period of fewer than 24 consecutive hours;

Short-term rentals that rents, offers to rent that unit or any portion thereof, for multiple bookings or rentals for the same or overlapping time periods;

Director means the Director of Permitting, Inspections, and Enforcement or the Director's designee.

Ice or roller skating rink means a facility which provides recreational skating which is not owned or operated by a governmental entity.

Office means the Department of Permitting, Inspections, and Enforcement.

Special event means any event conducted at an ice or roller skating rink to which the general public is invited or may attend with or without the payment of an admission fee.

An owner, operator or lessee of an ice or roller skating rink allows general admission skating or conducts any special event in the facility beginning or continuing after the hour of 1:00 A.M., or allows any event featuring live music, or allows any event other than skating, without first obtaining a permit for that event as required by this Division;

An owner, operator or lessee of an ice or roller skating rink allows general admission skating or conducts a special event in the facility beginning or continuing after 1:00 A.M., or allows any event featuring live music, or allows any event other than skating and fails to comply with all terms and conditions of any permit issued for that event.

Each violation - $1,000.00.

Director. The Director of Permitting, Inspections, and Enforcement or the Director's duly authorized designee or agent.

Erogenous area. The pubic area, breasts, penis, scrotum, vulva, perineum, or anus.

Massage. Any method of treating the external parts of the human body for money consideration, present or deferred, by touching, rubbing, stroking, kneading, tapping, or vibrating with the hand, arm, foot or mouth or any instrument, but shall not include massages by duly licensed physicians, osteopaths, chiropractors, registered nurses and practical nurses operating under a physician's directions, registered speech pathologists and physical or occupational therapists who treat only patients recommended by a licensed physician and who operate only under such physician's direction; nor shall this definition include any massage by the duly employed trainer, or his assistant(s), of any professional club, college or educational institution athletic team while in the normal course of his duties; nor shall this definition include any massage by an employee of any bona fide health spa or health club, which shall, for the purpose of this ordinance, be defined as an establishment offering or providing facilities for an instruction in controlled exercise, weight lifting, calisthenics, and general physical fitness and actually occupying premises of not less than five thousand (5,000) square feet, of which not more than five (5) percent is used for massages, and whose gross income from massages is less than fifteen (15) percent of the total gross business income derived from physical fitness sales contracts at each business location; nor shall this definition include any massage of the face or neck practiced by beauticians, cosmetologists and barbers duly licensed under Titles 4 and 5, Business Occupations and Professions Article, Annotated Code of Maryland, as from time to time amended.

Massage establishment. Any establishment having a fixed place of business where massages are administered for pay, including but not limited to, massage parlors, exercise clubs, spas, health clubs, sauna baths, and steam baths. This definition shall not be construed to include a hospital, nursing home, medical clinic, or the office of a physician, surgeon, chiropractor, osteopath, or physical therapist duly licensed by the State of Maryland, nor barber shops or beauty salons in which massages are administered only to the scalp, the face, the neck, or the shoulder. This definition shall not be construed to include a volunteer fire department, a volunteer rescue squad or a nonprofit organization operating a community center, swimming pool, tennis court or other educational, cultural, recreational, and athletic facilities and facilities for the welfare of the residents of the area. This definition shall not include any establishment offering or providing for instruction in and facilities for controlled exercise, weight lifting, calisthenics, and general physical fitness which is actually occupying the premises of not less than five thousand (5,000) square feet, of which not more than 5 percent (5%) is used for massages, and whose gross income from massages is less than fifteen percent (15%) of the total gross business income derived from physical fitness sales contracts at each business location.

Massage technician. Any individual who administers a massage to another individual at a massage establishment. This definition shall not be construed to include a physician, surgeon, chiropractor, osteopath, physical therapist, or nurse duly licensed by the State of Maryland.

Off-premises massage establishment. Any establishment engaged in arranging for massages to be given for a fee or in giving massages for a fee when such massages are not given at a massage establishment shall be considered an off-premises massage establishment. This definition shall not be construed to include a hospital, nursing home, medical clinic, or the office of a physician, surgeon, chiropractor, osteopath, or physical therapist duly licensed by the State of Maryland, nor barber shops or beauty salons in which massages are administered only to the scalp, the face, the neck, or the shoulder. This definition shall not be construed to include a volunteer fire department, a volunteer rescue squad or a nonprofit organization operating a community center, swimming pool, tennis court or other good faith educational, cultural, recreational, and athletic facilities for the welfare of the residents of the area.

Person. Any individual, firm, partnership, corporation, company, association, or joint stock association.

A massage establishment with not more than three (3) licensed massage technicians - $1,500.00;

A massage establishment with four (4) or more licensed massage technicians - $3,000.00.

A description of the facilities and services to be available on the premises of the proposed establishment.

The location and mailing address of each applicant.

The name, residence address, and home and business telephone numbers of each applicant. If the applicant is an association or a partnership, the names and residence addresses and home and business telephone numbers of each of the associates or partners. If the applicant is a corporation, it shall state the names, home and business telephone numbers and residence address of each of the officers and directors of said corporation and of each stockholder, and provide a copy of the documents establishing the corporation. If one or more of the stockholders is itself a corporation, the names and residence addresses of each of the officers and directors of that corporation and of each stockholder of that corporation holding ten percent or more of the stock of that corporation.

If the applicant is an individual, all other residences of the applicant for the three (3) year period immediately prior to the application. If the applicant is an association or a partnership, the names and residence of each associate or partner for the three (3) year period immediately prior to the application. If the applicant is a corporation, all the residences for a three (3) year period of each of the officers and directors of said corporation, and of each stockholder owning more than ten percent (10%) of the stock of the corporation.

If the applicant is an individual, written proof that the applicant is eighteen (18) years of age or older. If the applicant is a corporation, written proof that each of the officers and directors of said corporation and of each stockholder owning more than ten percent (10%) of the stock of the corporation is eighteen (18) years of age or older. It shall be a prerequisite to the issuance of any license that the applicant or any affiliated person be eighteen years of age.

If the applicant is an individual, a complete set of the applicant's fingerprints. If the applicant is an association or partnership, a complete set of each associate's or partner's fingerprints. If the applicant is a corporation, a complete set of fingerprints of each of the officers and directors of the corporation and of each stockholder owning more than ten percent (10%) of the stock of the corporation. If one or more of the stockholders owning more than ten percent (10%) of the applicant corporation is itself a corporation, and owns thirty-three percent (33%) of the stock of the applicant corporation, a complete set of fingerprints of each of the officers and directors of said corporation and of each stockholder owning more than ten percent (10%) of the stock of the corporation. The fingerprints shall be taken by the Chief of Police, or his designee.

If the applicant is an individual, the business, occupation, or employment of the applicant for the three (3) year period immediately preceding the date of the application. If the applicant is an association or partnership, the business occupation or employment of each associate or partner for the three (3) year period immediately prior to the date of the application. If the applicant is a corporation, the business, occupation or employment of each officer and director of the corporation and of each stockholder owning more than ten percent (10%) of the stock of the corporation for the three (3) year period immediately preceding the date of the application.

The history of the applicant in the operation of massage establishments or any similar business or occupation, including, but not limited to, whether or not such person, in previously operating in this or another city or state under permit or license, has had such permit or license revoked or suspended and the reason therefor, and the business activity or occupation of the applicant subsequent to such action of suspension or revocation.

The criminal record, if any, other than misdemeanor traffic violations, of the applicant. If the applicant is an association or partnership, the criminal record of each associate or partner. If the applicant is a corporation, the criminal record of each officer or director of the corporation and each of the stockholders owning more than ten percent (10%) of the stock of the corporation. If one or more of the stockholders owning more than ten percent (10%) of the applicant corporation is itself a corporation and owns thirty-three percent (33%) of the stock of the applicant corporation, the criminal record of each of the officers and directors of said corporation and of each stockholder owning more than ten percent (10%) of the stock of the corporation.

The name of the operator or manager of the massage establishment. If the operator or manager of the massage establishment is not an applicant, then the operator or manager must provide the information required in paragraphs (1) through (9) of this Section and will be considered as an applicant for the purpose of Section 5-184.08 and as a license for the purposes of Section 5-184.18.

The applicant's full name, residence address, and residence telephone number;

The name and address of the massage establishment where the applicant is to be employed and the name of the owner of same;

The names and addresses of any and all previous massage establishments where applicant has been employed as a massage technician;

The criminal record, if any, other than misdemeanor traffic violations, of the applicant;

Whether any license to perform as a massage technician has previously been denied the applicant or revoked and, if so, the circumstances of such denial or revocation;

A complete set of the applicant's fingerprints which shall be taken by the Chief of Police or his designee;

Written proof that the applicant is eighteen (18) years of age or older;

Three (3) color photographs of the applicant, not greater than two inches square as determined by the Department of Permitting, Inspections, and Enforcement. One photograph shall be sealed on the license issued to a successful applicant. One photograph shall be retained in the files of the Department of Permitting, Inspections, and Enforcement and the other photograph shall be forwarded to the Police Department, which shall also maintain files for operator or manager license and applicants and licensees.

That the applicant, or if the applicant is a partnership or association, any partner or members thereof, or if the applicant is a corporation, any officers, directors, or shareholders owning ten percent (10%) or more of the capital stock or if one or more of the stockholders owning more than ten percent (10%) of the applicant corporation is itself a corporation and owns thirty-three percent (33%) or more stock of the applicant corporation, any officer or director of that corporation or shareholder owning ten percent (10%) or more of the capital stock of that corporation within the preceding ten (10) years have been convicted of or with respect to whom a court has accepted a plea of nolo contendere to or suffered a forfeiture or who has had the benefit of a disposition under Section 292 or Section 641, Article 27, Maryland Annotated Code, on a charge of violating any provision included in Sections 12, 15, 36, 36B, 125, 237 through 246, 286, 286A, 287, 287A, 290, 335, 335A, 342, 384, 385, 386, 387, 407 through 411, 416A through 416G, 418, 419A, 426 through 432, 461 through 465, 486, 488, 553, or 554, Article 27, Maryland Annotated Code (1976 Repl. Vol.), or any one or more of those provisions, as the same may be amended, or on a charge of violation of a similar law in any other jurisdiction, or any felony; or

That the applicant, or if the applicant is a partnership or association, any partners or members thereof, or if the applicant is a corporation, any officers, directors, or shareholders owning ten percent (10%) or more of the capital stock, or if one or more of the stockholders owning more than ten percent (10%) of the applicant corporation, is itself a corporation and owns thirty-three percent (33%) or more of the stock of the applicant corporation, any officer or director of that corporation or any shareholder owning ten percent (10%) or more of the capital stock of that corporation has been convicted, or with respect to whom a court has accepted a plea of nolo contendere, or suffered a forfeiture or has had the benefit of a disposition under Section 292 or Section 641, Article 27, Maryland Annotated Code on a charge of violating any Section of this Division relating to massage establishment, or on a charge of violation of a similar law in any other jurisdiction; or

That the applicant, or if the applicant is an association or partnership, any associate or partner thereof, or if the applicant is a corporation, any officer, director, or shareholder owning ten percent (10%) or more of the capital stock is under the age of eighteen (18) years; or

That the applicant, or if the applicant is a partnership or association, any partner or associate thereof, or if the applicant is a corporation, any officers, directors, or shareholders owning ten percent (10%) or more of the capital stock or if one or more of the stockholders owning more than ten percent (10%) of the applicant corporation is itself a corporation and owns thirty-three percent (33%) or more of the stock of the applicant corporation, any officer or director of that corporation, or shareholder owning ten percent (10%) or more of the capital stock of that corporation made a false statement on the application.

That the granting of the license is not necessary for the accommodation of the public in the community proposed as the location of the massage establishment.

That the premises for which a massage establishment license is sought have not the minimum facilities required by this Division, or do not meet the minimum hygiene standards of this Division or do not comply with the Building Code, Electrical Code, Plumbing Code, Zoning Ordinance or any other law, ordinance or regulation of the United States, the State of Maryland, Prince George's County or any municipality applicable to the premises.

That the person making application for a massage technician's license is unqualified by reason of lack of suitable training or experience to perform massages. Minimum qualifications for a licensed masseur or masseuse are established as follows: No person shall be employed as a masseur or masseuse or practice massage in a massage establishment unless he or she shall have received at least five hundred (500) hours training in a professional program, institution, or school accredited or approved by the American Massage and Therapy Association, a Delaware Corporation, as specified in the certificate of incorporation filed with the Secretary of State of the State of Delaware on the thirteenth day of September, 1960 at 9 o'clock A.M., or by the State of Maryland.

That the person making application for a massage establishment license or a massage technician's license fails to provide with their license application a copy of or verification of a license or registration issued by the State Board of Chiropractic and Massage Therapy Examiners, pursuant to Subtitle 5A of Title 3 of the Health Occupation Article of the Annotated Code of Maryland.

Before the Director shall act upon the application, the Director shall schedule and give notice of the time and place of a public hearing to consider the application. The hearing shall be conducted by a hearing examiner, who may be an attorney on the staff of the Office of Law. The Director shall notify the applicant in writing of the time and place of the hearing, not less than 14 days prior to the scheduled date. The Director shall cause a notice of the hearing to be published in two newspapers of record at least two times in two successive weeks, the last publication of which shall be not less than seven (7) nor more than thirty (30) days prior to the scheduled date of the hearing. The published notice shall specify the name of all applicants, the kind of license for which application is made, the location of the place for the massage establishment proposed to be licensed, and the time and place fixed by the Director for the hearing. The applicant shall bear the expense of publication of the notice and shall deposit with the application, either in cash or by a certified, treasurer's or cashier's check or money order made payable to Prince George's County, Maryland, the sum of $500.00 to cover publication and hearing costs.

At the public hearing, the hearing examiner shall first hear the applicant in support of the application. The hearing examiner shall then hear any other person supporting the application. The hearing examiner shall then hear any person opposing the application. After the close of all evidence, the hearing examiner shall make a written report to the Director of his findings of fact and recommend action with respect to the application.

Has been convicted of or with respect to whom a court has accepted a plea of nolo contendere to or has had the benefit of a disposition under Section 292 or Section 641, Article 27, Maryland Annotated Code or similar legislation in another jurisdiction or suffered a forfeiture, on a charge of violating any provision included in Sections 15, 286, 286A, 287, 287A, 290, 335, 225A, 416A through 416G, 418, 419A, 426 through 432, 461 through 465, 553, or 554, Article 27, Maryland Annotated Code (1976 Repl. Vol.), or any one or more of those provisions as the same may be amended, or on a charge of violation of a similar law in any other jurisdiction, or any felony; or

Has been convicted, or with respect to whom a court has accepted a plea of nolo contendere or has had the benefit of a disposition under Section 641, Article 27, Maryland Annotated Code or similar legislation in another jurisdiction, or suffered a forfeiture, on a charge of violating any provision of this Division relating to massage establishments, or on a charge of violating a similar law in any other jurisdiction; or

Made a false statement of the application; or

Has failed to report a change in any of the information required by Section 5-184.05(a) or Section 5-184.08(a) within fourteen (14) days of learning of said change; or

Has violated any provision of Section 5-184.16 relating to unlawful acts, as determined by the Director, upon the evidence adduced at a hearing before the Director or his designee to consider any proposed revocation of a massage establishment license under this Section.

When the Director, after notice and opportunity for hearing, has made an order suspending or revoking a massage establishment license; or

When the Director determines that a business is a massage establishment required to be licensed, gives notice of that order or determination and directs the business to comply with this Division, and the business or its owners or principals fails to comply.

Lock or secure the premises of the establishment or business or otherwise deny entry thereto;

Seize the premises of the establishment and its furniture, equipment, books, and records;

Order the premises to be vacated and post therein and on the exterior thereof notices that the business is closed by order of the Director and that no person is to enter the premises without permission of the Director or the Chief of Police.

The application is for the renewal of an existing license; or

The application is for the issuance or renewal of a license for a mobile vendor as defined in Subsection (h).

pre-prepared and prewrapped ice cream, ice cream products, or other frozen novelties, fresh fruit, or sealed single-serving containers of soft drinks, juice, or other nonalcoholic beverages from a motor vehicle operating with a National Sanitation Foundation approved cold plate freezer system temporarily stopped in the right-of-way; or

pre-packaged groceries including but not limited to: dry goods, pantry staples, fresh fruits and vegetables (pre-packed or not), dairy products, proteins, prepacked and uncooked meats from a mobile food service facility or producer mobile farmer's market unit approved and inspected by the State or County Department of Health and affiliated with an entity providing mobile grocery options in targeted areas of the County.

The name, local and permanent address, age, weight, height, color of hair and eyes, and any other distinguishing physical characteristics of the applicant;

The nature of the goods, wares, services, and/or merchandise to be offered for sale;

The name and address of the applicant's employer and/or organization, if applicable;

Two prints of a recent and clear photograph, 2" × 2" in size, showing the head and shoulders of the applicant;

If a vehicle is to be used, a description of the same, together with the license tag number and the State in which the vehicle is registered;

A statement as to whether the applicant has ever been convicted of a felony or misdemeanor, and; if so, the nature of the offense, when and where convicted, and the penalty or punishment imposed therefor;

The names of at least two (2) references, unrelated to the applicant, who will certify as to the applicant's good character and business responsibility; and

The name and address of a person resident in the County designated by the applicant as authorized to accept all lawful processes in any action or proceeding instituted, filed, or pending against the applicant with respect to the application of any provisions of this Division.

For a mobile vendor license under Section 5-190(h)(2), a description of the areas in the County targeted for mobile food vending. Targeted areas shall include Healthy Food Priority Areas as designated on the Prince George's County Healthy Food Priority Area Map and any other authorized food truck locations under the County Code.

Office Parks and Business Parks;

Industrial Areas, Industrial and Employment Parks;

Commercial Areas and Retail Shopping Centers;

Faith-Based Organizations, Membership Pools and Non-Profit Organizations;

Agritourism facilities that provide adequate running potable water and sewage disposal (Wineries, Farms, Orchards, and similar entities open to the public);

Properties of craft food and beverage facilities, including Breweries and other craft beverage facilities;

Properties on, at or adjacent to Food Halls, Food Markets, Farmer's Markets, and other temporary food-associated venues open to the public;

Active construction sites;

County, State or Federal properties with public employment or public access;

Golf Courses; or

Dog Parks, that do not require food trucks to park on a public right-of-way.

Automotive equipment to the owner or occupant of a vehicle disabled in a roadside emergency;

Live or cut flowers, plants, artificial flowers (and including crosses or other adornments for graveside use);

Fruits, vegetables, or other agricultural products;

Baked goods;

Fish or shellfish;

Any meat or meat product, cooked and offered for immediate consumption;

Gum or candy; chips or other edible goods offered in individual servings for immediate consumption;

Individual cans, bottles, or other single serving containers of soft drinks, juice, or other nonalcoholic beverages;

Ice cream, ice cream products, or other frozen novelties.

Goods licensed for sale pursuant to a Stadium Event License along roadways appurtenant to parking lots at the Stadium.

Within one hundred (100) yards of an intersection of two roads.

Within one hundred (100) yards of the vehicular entrance to or exit from a public school.

Within one hundred (100) yards of a vehicular entrance to or exit from a shopping center as defined in the Zoning Ordinance of Prince George's County, or entrance to or exit from said shopping center's parking lot.

Within twenty-five (25) feet of an intersection of two roads;

Within one hundred (100) yards of the vehicular entrance to or exit from a public school;

Within one hundred (100) yards of a vehicular entrance to or exit from a shopping center as defined in the Zoning Ordinance of Prince George's County, or entrance to or exit from said shopping center's parking lot.

While remaining in the motor vehicle with the motor running and emergency flasher light operating; and

For a period of less than ten minutes.

Any item which is prohibited by Federal, State, County, or municipal laws to be sold or displayed to minors.

Any item or items which the vendor knows or should know will be used for illegal purposes. Any item which can reasonably be expected to be used for inhaling, smoking, or administering drugs into the body shall be presumed to be an item to be used for an illegal purpose.

The violation of or failure to pay any assessed fine for any violation of the provisions of this Division; or

Upon the conviction of any crime which is a violation of this Division or is a basis for denial of a license as set forth in Section 5-190; or

The licensed food service facility - mobile unit fails the inspection by the Health Department pursuant to Section 12-112.

Administrative Board shall mean the entity that conducts an administrative hearing comprised of the Director of Permitting, Inspections, and Enforcement or their designee, the Chief of Police or their designee, and the Chief of the Fire/EMS Department or their designee.

Adult dance hall shall be construed to mean any road house, restaurant, lunchroom, cafe, inn, hotel, nightclub, club or any establishment or premises for persons twenty-one years of age or older where public dancing is permitted for profit. An owner, lessor, operator, manager, promoter or licensee of an adult dance hall may not allow an individual who is under the age of twenty-one years on the premises for which the permit is issued, unless the individual is employed by or is an immediate family member of the owner, lessor, operator, manager, promoter or licensee.

Director shall mean the Director of Permitting, Inspections, and Enforcement or the Director's designee, unless otherwise specified.

Police Department shall mean the Prince George's County Police Department.

Police Chief shall mean the Chief of the Prince George's County Police Department.

Police Officer shall mean a sworn member of the Prince George's County Police Department.

Private club shall mean an establishment providing facilities for entertainment or recreation for only bona fide members and guests, and not operated for profit nor generally open to the public.

Promoter shall mean a person or a business that makes arrangements for events for or not for profit.

Public dance shall mean an event to which the general public is invited, with or without an admission fee, at which live or recorded music is played; attendees are allowed or encouraged to dance; and the purpose or goal of the event is to make a profit for the lessee, operator, manager, licensee, holder, owner, promoter, person in charge or person in apparent charge of the event. A public dance is not a benefit performance as defined under Subtitle 5, Division 2, of this Code.

Public nuisance shall be construed to mean anything that endangers life or health, obstructs the quiet enjoyment and reasonable use of the property of persons in a particular area.

Teen Dance Hall shall be construed to mean any road house, restaurant, lunchroom, cafe, inn, hotel, nightclub, club or any establishment or premises for persons under twenty-one years of age where public dancing is permitted for profit. An owner, lessor, operator, manager, promoter or licensee of a teen dance hall may not allow an individual who is under the age of eighteen years on the premises for which the permit is issued, unless the individual is employed by or is an immediate family member of the owner, lessor, operator, manager, promoter or licensee. A teen dance hall may not serve alcohol nor allow persons to bring alcohol onto the premises or into the venue.

Dancing is permitted between the hours of 2 A.M. and 11 A.M., or in violation of Section 5-198.

The Prince George's Health Department finds that noise levels emanating from a dance hall are in excess of 50 dBA at the property line between the adult dance hall or teen dance hall and adjoining residential zone, or 62 dBA at the property line between the dance hall and adjoining commercial zone, using a Type 2 or better sound level meter in accordance with the definitions and measurement procedures as prescribed by the Maryland State Environmental Health Administration Regulation 10.03.45, titled "Rules and Regulations Governing the Control of Noise Pollution in the State of Maryland," provided that measurements may be conducted on properties adjoining dance halls as well as at the property line.

A licensee, owner, lessor, operator, promoter, person in charge, or person in apparent charge of an adult dance hall or a teen dance hall permits any disorderly conduct or allows a public nuisance to exist on his property.

A private club holds public dances as evidenced by advertising to attract the general public for an admission fee and the private club is not a nonprofit organization in possession of a valid County benefit performance permit issued under the requirements of Subtitle 5, Division 2, of this Code.

A licensee, owner, lessor, operator, promoter, person in charge, or a person in apparent charge of an adult dance hall or a teen dance hall that permits an activity prohibited by the security plan.

A licensee, owner, lessor, operator, promoter, person in charge, or a person in apparent charge of an adult dance hall or a teen dance hall that permits an activity that poses a threat to the health, safety and welfare of the public.

A licensee, owner, lessor, operator, promoter, a person in charge, or a person in apparent charge of an adult dance hall or a teen dance hall operates an adult dance hall or teen dance hall without the required license.

Commercial establishment shall include integrated shopping centers, shopping centers and shopping center parking lots.

Director means the Director of Permitting, Inspections, and Enforcement or the Director's duly authorized representative.

High-risk industry means any industry involved in:

Senior means any person aged sixty-five (65) or older

Solicitor of a commercial establishment means any person who goes from place-to-place or door-to-door visiting any commercial establishment for the purpose of:

Solicitor of a residential dwelling means any person who goes from place-to-place, house-to-house, or door-to-door visiting any residential dwelling for the purpose of:

The name, local and permanent address, age, weight, height, color of hair and eyes, and any other distinguishing physical characteristics of the applicant;

The nature or purpose for which solicitations will be made and the nature of the goods, wares, service, and/or merchandise offered for sale;

The name and address of the applicant's employer and/or organization represented; and if the organization is a "charitable organization," as defined by Title 6, Business Regulation Article, Annotated Code of Maryland, a statement that the organization has complied with the requirements of Title 6, Business Regulation Article, Annotated Code of Maryland;

Two prints of a recent and clear photograph, 2" × 2" in size, showing the head and shoulders of the applicant;

If a vehicle is to be used in connection with soliciting, a description of the same, together with the license tag number and the State in which the vehicle is registered;

A statement as to whether the applicant has ever been convicted of a felony or misdemeanor, and; if so, the nature of the offense, when and where convicted, and the penalty or punishment imposed therefor;

The names of at least two (2) references, unrelated to the applicant, who will certify as to the applicant's good character and business responsibility; and,

The name and address of a person resident in the County designated by the applicant as authorized to accept all lawful processes in any action or proceeding instituted, filed, or pending against the applicant with respect to the application of any provision of this Division.

A criminal background check and fingerprinting through the Maryland Department of Public Safety and Correctional Services (DPSCS). The applicant is responsible for all costs of services.

Mandatory consumer protection and elder fraud awareness training, administered by the Department of Family Services or through a course approved by the Department of Family Services.

All such badges are first submitted to and approved by the Director.

One design is used for all such employees and agents.

The badge contains such information as required by the Director, including, but not limited to, the name of the licensee, the name of principal, expiration date, and a disclaimer stating that possession does not constitute endorsement by the County.

The said principal thereby immediately assumes responsibility to secure proper distribution of the license and its return upon expiration.

Any unauthorized use thereof, or fraud or misrepresentation perpetuated by the use thereof in any unauthorized manner, is actionable against the person undertaking such distribution.

Pay any judgment rendered against him by a court of competent jurisdiction as a result of services rendered or not rendered, or materials supplied in connection with the contract of solicitation; and,

Comply fully with all provisions of the laws and ordinances of the County and such statutes of the State regulating and concerning the business of soliciting and guaranteeing to any citizen of the County doing business with such solicitor that the property or goods purchased shall be delivered according to the representations of the solicitor.

The applicant for a license or the licensee has willfully and deliberately engaged in a course of conduct which is in violation of any provision of this Division;

The applicant for a license or the licensee has repeatedly demonstrated a disregard for compliance with any provision or provisions of this Division;

A court of competent jurisdiction has made a final determination against the applicant for a license or the licensee of guilt of criminal activity with respect to any of the crimes identified in Section 5-204 of this Division;

The applicant for a license or the licensee has been denied a solicitor's license or had such a license suspended or revoked by another jurisdiction which regulates solicitors;

The applicant for the license or the licensee has willfully and deliberately engaged in a course of conduct which is in violation of any provision of the Consumer Protection Ordinance or the consumer protection laws of the State; or

The applicant for a license or the licensee has demonstrated a repeated disregard or failure to comply with any provision of the Consumer Protection Ordinance or the consumer protection laws of the State.

The right for seniors to cancel within seven (7) business days.

A checklist of suggested safeguards for seniors.

A signature line confirming receipt and understanding by the senior.

Remain in a private residence or commercial establishment or on the premises thereof after the owner or occupant has requested the licensee to leave; or,

Enter into or upon the premises of a private residence or commercial establishment for soliciting, when the owner or occupant thereof has displayed a "No Soliciting" sign on such premises; or,

Enter upon residential premises for soliciting during nighttime. Nighttime is defined in Section 1-102(a)(18) of this Code.

Solicitors representing a civic or charitable organization who receive no compensation for soliciting either by way of salary or commission, subject to the following conditions:

Newsboys soliciting subscriptions to any newspapers published in the County, the State, or the District of Columbia.

Route deliverymen who make deliveries at least once a week to regular customers and whose solicitation is only incidental to their regular deliveries.

Any person holding a valid license as a real estate broker, an associate real estate broker, or a real estate salesman as issued by the Real Estate Commission of the State of Maryland pursuant to the provisions of Title 17, Business Occupations and Professions Article, Annotated Code of Maryland.

Any employee of a retail business establishment operating at a fixed location, where the employee visits a consumer's home in response to the unsolicited request of the consumer for the purpose of installing or servicing merchandise or equipment purchased from said business by the consumer or for the purpose of displaying to the consumer merchandise or equipment being offered for retail sale by said business and/or accepting purchase orders for any such merchandise or equipment.

Subscribe to and are bound by a policy statement, code or regulation established either by the company, firm, corporation or partnership individually or subscribe to the policy statement, code or regulation of a recognized trade association of which the applicant company, firm, corporation or partnership is a member in good standing and which policy statement, code or regulation requires:

Recognize a responsibility to consumers for violations of either its policy statement, code or regulation or deceptive and/or unlawful trade practice statutes by its solicitors or representatives, even if the company had no knowledge of such violations when such lack of knowledge is a result of failure by the company to establish procedures whereby it would be kept informed of the activity of its solicitors and representatives.

Have established a procedure for processing consumer complaints within a reasonable time and providing consumer redress if, after the fact finding is completed, it is determined that the consumer was aggrieved by a violation of the policy statement, code regulation or a statutory deceptive or unlawful trade practice; and,

Have fully complied with any order finding the company, firm, corporation, or partnership in violation of the consumer protection laws of the State, after any such order becomes final because of the expiration of the appeal period or the termination of judicial review.

Five (5) current copies of the policy statement, code, or regulation which meets the requirements as specified in paragraph (a), above;

The name of the company, firm, corporation, or partnership subscribing thereto, complete with the address, telephone number and the name of the executive within the company, firm, corporation, or partnership, designated to administer the policy statement, code, or regulation. In the case of a trade association policy statement, code, or regulation, the association may submit the above required information on behalf of a member company which declares an exemption under Subsection (a), hereof, along with the name of the person, officer, agent, or employee in charge of administering the trade association's policy statement, code or regulation program. All applications shall include a listing of the company, firm, corporation, or partnership seeking the exemption program, and shall be notarized and signed by the Chief Executive Officer of the company, firm, corporation or partnership seeking the exemption; and,

The applicant shall designate, on a form provided by the Director, the Director as resident agent for the purpose of accepting service of process in any action or proceeding instituted, filed or pending against the applicant with respect to the application of any provision of this Division. The Director shall forward, by certified mail, a copy of any such process to the person designated by the applicant as authorized to receive such process.

Upon receipt of a consumer complaint against a company, firm, corporation, or partnership granted an exemption under this Section, the Director shall forward the information surrounding the complaint to the person, officer, agent or employee designated by the company, firm, corporation, or partnership or trade association on its exemption application to receive such complaints. The complaint information thus forwarded shall contain the following:

Upon receipt of a consumer complaint or an official complaint against a company, firm, corporation, or partnership granted an exemption under this Section, where such complaint alleges a violation of a deceptive or unlawful trade practice statute in force and effect within Prince George's County, Maryland, the Director shall forward the information surrounding the allegation to the person, officer, agent or employee designated by the company, firm, corporation, partnership, or trade association on its exemption application to receive such complaints.

Each company, firm, corporation, or partnership or trade association authorized to act for such company, firm, corporation or partnership, granted an exemption under this Section, shall file a written statement with the Director containing the disposition of any written complaints against such company forwarded to it by the Director. The statement shall include the findings of fact upon which the action taken is based. It shall be filed with the Director within a reasonable time which, for purposes of this Section, shall be defined as twenty (20) business days from the date of receipt of such written complaint by the person, officer, agent or employee designated by the company, firm, corporation, partnership, or trade association to receive such material.

Any company, firm, corporation, or partnership granted an exemption under this Section which fails to honor the provisions of the policy statement, code or regulation upon which such exemption was granted or which violates any of the other requirements for obtaining and maintaining such exemption shall constitute grounds for the revocation of the exempt status of that company, firm, corporation, or partnership.

The authority to revoke the exempt status shall be in the discretion of the Director who shall consider the following criteria in making such determination:

Prior to a revocation of exemption becoming final, the Director shall first afford the company, firm, corporation, or partnership an opportunity for a hearing thereon. At least fifteen (15) calendar days prior to the date set for the hearing, the Director shall notify all parties to the proceedings in writing of the date, time, and place set for the hearing and the charge made, and afford all parties the opportunity to be heard in person and by counsel in reference thereto. The written notice shall be served by delivery of notice to all parties by registered or certified mail. Within ten (10) working days following the hearing, the Director shall render a decision and the reasons therefor in writing, and shall forward a copy of the same to all parties by certified or registered mail.

Where the Director renders a decision revoking the exemption of a company, firm, corporation, or partnership, and when such decision becomes final because of the expiration of the appeal period or the termination of administrative and/or judicial review, all representatives or solicitors representing such company, firm, corporation, or partnership within the County shall immediately make application to the Director for the door-to-door solicitor's license required under this Division, where said solicitors and representatives intend to continue to solicit within the County.

Any company, firm, corporation, or partnership whose exempt status, as provided under this Section, is revoked by the Director shall not be eligible to reapply for another exemption for a period of three (3) calendar years from the date said revocation order by the Director becomes final because of the expiration of the appeal period or the termination of judicial review.

Any company, firm, corporation, or partnership aggrieved by a decision of the Director to revoke the exempt status provided in this Section shall have the right to appeal such decision to the Board of Appeals for Prince George's County, Maryland, within ten (10) calendar days after the date of receipt of a revocation decision by the Director. Any such appeal shall be on the record of the hearing before the Director.

One Thousand Dollars $1,000 for a first offense

Three Thousand Dollars $3,000 for a second offense.

Five Thousand Dollars $5,000 for a third offense, revocation of license, and imprisonment not to exceed six (6) months.

One Thousand Dollars $1,000 for a first offense

Three Thousand Dollars $3,000 for a second offense.

Five Thousand Dollars $5,000 for a third offense, revocation of license, and imprisonment not to exceed six (6) months.

County shall mean Prince George's County, Maryland.

County Health Officer shall mean the duly appointed County Health Officer or his authorized representative.

Public Swimming Pool shall mean any constructed swimming pool or wading pool, together with buildings and all appurtenances thereto, except those serving an individual private residence. It shall also include community swimming pools within residential zones.

Public Swimming Pool Lifeguard shall mean any individual meeting the requirements of this Division who actively supervises public swimming pools for the purpose of insuring proper health and safety standards, as provided in this Division.

Public Swimming Pool Operator shall mean any individual, duly licensed by the County Health Officer, who is responsible for the overall operation of a public swimming pool.

Turbidity shall mean the cloudy condition of pool water caused by suspended particles which obscure visibility.

Wading Pool shall mean any pool not normally in excess of 24 inches deep at its maximum depth and usually reserved for use by small children.