Division 12. Peddlers and Itinerant Vendors

No person, his agents or employees, shall sell, barter or trade or offer or expose for sale, barter or trade in or upon any street or highway in the County, or go from house to house, either on foot, or with a horse or other beast of burden, or with a wagon, or motor vehicle, or other conveyance whatsoever, upon the streets or highways in the County, selling, bartering or trading or offering to sell, barter or trade, or shall sell, barter or trade or offer to sell, barter or trade at or from any roadside stand or roadside market upon any street or highway in the County, any produce, products or merchandise whatsoever without each such person having previously obtained a license from the Department of Permitting, Inspections, and Enforcement.

No person, his agents or employees, shall sell, barter or trade or offer or expose for sale, barter or trade in or upon the premises of the Professional NFL Stadium (the "NFL Stadium"), or a radius within two (2) miles of the middle of the fifty (50) yard line thereof (the "NFL Stadium Event Zone"), any products or merchandise relating to an event held at the NFL Stadium whatsoever without each person having previously obtained a license from the Department of Permitting, Inspections, and Enforcement. There shall be a category of licenses called NFL Stadium Event Licenses specifically established for the vending of goods, tickets, parking passes, products and merchandise relating to events authorized and conducted at the NFL Stadium and in the NFL Stadium Enterprise Zone. NFL Stadium Event Licenses may be issued by the Director upon application of an approved event operator and may be granted individually or in multiple allotments, and for such duration not exceeding one (1) year as the Director in his sound discretion from time to time shall agree. Licenses issued pursuant to this Subsection shall conform to the requirements in Subsection (c) and shall be exempt from the requirements of Subsection (d). Licenses issued in multiple allotments may be distributed by the applicant to its agents and employees provided, however, that the applicant shall maintain a list in a form acceptable to the Director of all persons to whom such licenses are provided.

Payment for such license shall be made to the Office of Finance. The license shall contain a 2" × 2" recent and clear photograph showing the head and shoulders of the licensee, a physical description of the licensee and the purpose for which the license was issued. The license shall be laminated and shall be worn by the licensee in such a manner as to be clearly visible to all. A mobile vendor shall display a mobile vendor license decal provided by the Director on both the driver and passenger sides of the vehicle used for vending.

The license shall expire one (1) year from the date of issuance, except as provided in (g), below.

The Director may refuse to issue a license upon application where the Director finds after reasonable investigation, that the applicant has had a license revoked within the past three (3) years or is not of good moral character pursuant to the criteria set out in Section 5-204 of this Code.

No license shall be issued after January 1, 1997, to any hawker, peddler, or itinerant vendor unless:

Except as provided in Subsections (b) and (f), all licenses shall expire on January 1, 1999, and no new licenses shall be issued after that date.

In this Division, "Mobile Vendor" means a person who predominantly sells:

For licenses issued under this Division to hawkers, peddlers or itinerant vendors in the County, the fee shall be as prescribed in the Table of Fees, section 2-253.63, Attachment A. This fee shall be collected by the Director of Finance.

The fee for duplicate licenses issued under this Division shall be as prescribed in the Table of Fees, section 2-253.63, Attachment A and such fee shall be collected by the Director of Finance.

Application for a vendor's license shall be made upon a form prescribed by the Director of Permitting, Inspections, and Enforcement.

In addition to such other information as the Director may reasonably deem necessary for purposes of the implementation, administration and enforcement of this Division, the application shall state or be accompanied by the following:

Every application shall be signed and certified that the information given thereon is true and correct. The signature shall be that of the applicant.

Food Service Facility - Mobile Unit means a licensed, motorized vehicle or mobile food unit which is permitted public vending in certain locations or at a one-time event under Section 12-115(d)(5) where food items are sold to the general public, thereby regulated by the Code of Maryland Regulations (COMAR 10.15.03) as they may be amended from time to time and adopted by reference in Section 12-102 as the County regulations governing food service facilities.

With permission from a person authorized to enter into an agreement on behalf of the property owner or property manager, Mobile Units are allowed vending in/or on the following locations, properties and/ or parcels:

It shall be unlawful for any person, firm or corporation, by its officers, agents or employees, to sell or to attempt to sell goods, wares or merchandise of any description to, or to solicit or accept any donation from, or to distribute printed matter or materials of any description to, any occupant of a motor vehicle when said motor vehicle is in a roadway, as defined under the Transportation Article of the Annotated Code of Maryland.

Notwithstanding any other provision of this Division, it shall be unlawful for any hawker, peddler, roadside vendor, huckster, itinerant vendor, or any other person to sell, attempt to sell, or display for sale any goods, wares, merchandise, or other items of any description while upon the right-of-way, or from a vehicle upon the right-of-way except for the following:

It shall be unlawful for any hawker, peddler, roadside vendor, huckster, itinerant vendor, or any other person to sell, attempt to sell, or display for sale any goods, wares, merchandise, or other items of any description, with the exception of (b)(1), above, while upon the right-of-way of a road designated a "Gateway Road" by resolution of the County Council.

It shall be unlawful for any hawker or peddler to park on public rights-of-way to sell, or attempt to sell goods, wares, or merchandise of any description from a motor vehicle, vehicle or stand when:

It shall be unlawful for any mobile vendor to park on public rights-of-way to sell, or attempt to sell, goods, wares, or merchandise of any description from a motor vehicle, vehicle, or stand when:

It shall be unlawful for any hawker, peddler, or itinerant vendor to sell or offer for sale on a public right-of-way any goods, wares, or merchandise which are displayed separately and apart from his parked motor vehicle or vehicle except for those items described in Subsection (b), above.

It shall be unlawful for any mobile vendor to park on public rights-of-way to sell, or attempt to sell, goods, wares, or merchandise of any description from a motor vehicle except:

Any person who violates the provisions of Subsections (a), (b), (c), (d), (e), or (f) of this Section shall be deemed guilty of a misdemeanor, and, upon conviction, shall be subject to a fine of not less than Two Hundred and Fifty Dollars ($250.00), for the first offense; Five Hundred Dollars ($500.00), for the second offense; Seven Hundred and Fifty Dollars ($750.00), for the third offense; and Seven Hundred and Fifty Dollars ($750.00), for each subsequent offense.

In addition to Section 5-193.01 it shall be unlawful for any hawker or peddler to solicit, sell, or display to minors any of the following items:

It shall be unlawful for any hawker or peddler to solicit or sell to minors any item before the hour of 10:00 A.M. on any day that public schools are in session.

Any person who violates the provisions of Subsection (a) of this Section shall be deemed guilty of a misdemeanor, and, upon conviction, shall be subject to a fine of not less than Two Hundred and Fifty Dollars ($250.00) nor more than Seven Hundred and Fifty Dollars ($750.00).

A license issued under the provisions of this Division may be revoked for any of the following reasons:

Nothing in this Division shall prohibit the County from taking any other enforcement action provided by the County Code, County Zoning Ordinance, and/or the laws of this State or laws of the United States.

Prior to the revocation of a license, a written notice shall be given to the licensee, by mail to the address set forth in the license application or the licensee's last known address, setting forth the basis of the revocation and a date, time, and place where a hearing will be held thereon.

Any person whose license is revoked may appeal the decision of the Director to the Board of Administrative Appeals for Prince George's County within ten (10) calendar days after the date of such decision.

Any person who shall sell, barter, or trade or offer or expose for sale, barter or trade in or upon any street or highway in the County, or go from house to house, either on foot, or with a horse or other beast of burden, or with a wagon, or motor vehicle, or other conveyance whatsoever, upon the streets or highways in the County selling, bartering or trading or offering to sell, barter or trade, or from any roadside stand or roadside market upon any street or highway in the County, any items except those expressly permitted by Section 5-193.01(b)(1) who operates in violation of this Subtitle, or who knowingly directs or authorizes another person as an agent to do so, shall, upon citation issued by the Director of Permitting, Inspections, and Enforcement or police officer, be deemed to have committed a violation of this Subtitle and shall pay the County a monetary fine of Two Hundred Dollars ($200.00) for each violation. Each separate day the violation remains uncorrected is a separate and distinct violation subject to an additional citation and fine. Fines for violations within the NFL Stadium Event Zone on the day of an approved event or the twenty-four (24) hour period preceding same shall be subject to a monetary fine of Two Hundred Dollars ($200.00) for each violation.

The Department of Permitting, Inspections, and Enforcement shall deliver or mail a citation to the responsible party(ies). The citation shall serve as the notification to the person that he has committed a civil violation and that he has been assessed a monetary fine, the nonpayment of which, in the absence of a successful appeal, shall result, where applicable, in the immediate revocation of the person's license.

A person who receives a citation may file with the Director a written notice of request for a hearing on the citation within five (5) days of the issuance of the citation. The Director shall render a decision within thirty (30) days of the hearing based upon the record compiled.

Any person selling or displaying goods in violation of this Division shall immediately desist from such sale or display and remove the goods and all equipment used for the sale, display, or storage of such goods from the right-of-way and surrounding vicinity upon the direction of a police officer or a representative of the Department of Permitting, Inspections, and Enforcement. If the person fails to obey said direction or thereafter sells or displays such goods in violation of this Division, the equipment and goods shall be removed by a police officer or department representative and taken to a designated County facility. A violator shall also be subject to applicable criminal sanctions for refusing to obey the lawful directions of a police officer.

Goods and equipment removed pursuant to this provision may be claimed by their owner on the next business day or within 15 days thereafter upon payment of any assessed storage fees and any fine which has not been appealed pursuant to this Division. Any goods or equipment not claimed by the owner within 15 days shall be deemed abandoned and shall become the property of the County to be disposed of in accordance with law.

The County shall have no responsibility to preserve or protect any equipment or goods removed under this Section.