# Business Regulation (GBR)

## Title 17. Miscellaneous State Business Licenses

### Subtitle 1. Definitions; General Provisions

#### Section 17-101

(a) In this title the following words have the meanings indicated.

(b) "Executive Director" means the Executive Director of the Alcohol, Tobacco, and Cannabis Commission.

(c) "Goods" means tangible personal property, items of trade, merchandise, or other types of products sold at wholesale or retail.

(d) "License" means a license issued under this title.

(e)

  (1) "Sale" means the exchange or transfer, or the agreement to change or transfer, title or possession of goods in any manner for consideration.

  (2) "Sale" includes barter.

(f) "Sell" includes barter.

(g) "Stock-in-trade" means:

  (1) goods held for sale and reported as inventory on the Business Personal Property Tax Return filed with the State Department of Assessments and Taxation; or

  (2) except for alcoholic beverages, goods held for sale and reported as inventory on the Business Personal Property Tax Return filed with the State Department of Assessments and Taxation for determining the valuation of a trader's license under Subtitle 18 of this title.

(h) "Trader" means a person who operates a room or other place of business for selling goods, including goods sold at auction.

(i) "Trader's license" means a license issued by the clerk to do business as a trader.

#### Section 17-102

(a) This title applies to a person who is engaged in a for-profit business.

(b) This title does not apply to:

  (1) a person who is engaged in a not-for-profit business or a business exempt from taxation under the federal Internal Revenue Code; or

  (2) a governmental unit.

### Subtitle 2. Administration and Enforcement

#### Section 17-201

(a) In this subtitle, "license" means a license issued by a clerk under this title.

(b) In this subtitle, "license" includes:

  (1) a construction license issued under Subtitle 6 of this title;

  (2) a nonresident construction license issued under Subtitle 6 of this title;

  (3) a garage license issued under Subtitle 8 of this title;

  (4) a peddler license issued under Subtitle 9 of this title;

  (5) a Calvert County magazine seller license issued under Subtitle 9 of this title;

  (6) a junk dealer or scrap metal processor license issued under Subtitle 10 of this title;

  (7) an agent license issued under Subtitle 10 of this title;

  (8) a Calvert County junk dealer or scrap metal processor license issued under Subtitle 10 of this title;

  (9) a license to do the business of cleaning, dyeing, pressing, or laundering on-site issued under Subtitle 11 of this title;

  (10) a storage warehouse license issued under Subtitle 12 of this title;

  (11) a promoter license issued under Subtitle 14 of this title;

  (12) a restaurant license issued under Subtitle 16 of this title;

  (13) a trader's license issued under Subtitle 18 of this title;

  (14) a chain store license issued under Subtitle 17A of this title; and

  (15) a vending machine license issued under Subtitle 19 of this title.

#### Section 17-202

(a) The Comptroller or the Executive Director shall enforce this title.

(b)

  (1) The Comptroller:

    (i) shall appoint a chief license inspector; and

    (ii) may appoint assistant license inspectors.

  (2) The chief license inspector and each assistant license inspector is entitled to:

    (i) compensation in accordance with the State budget; and

    (ii) reimbursement for expenses under the Standard State Travel Regulations, as provided in the State budget.

(c) The Comptroller may delegate any power or duty of the Comptroller under this title.

(d) To enforce this title, the Comptroller may make investigations and hold hearings on any matter covered by this title, at any time or place in the State, and, in connection with an investigation or hearing, may:

  (1) administer oaths;

  (2) examine witnesses;

  (3) receive evidence; and

  (4) issue subpoenas for the attendance of witnesses to testify or to produce evidence.

(e) The Comptroller shall make all license materials, including stickers, available to the clerks on or before April 1 each year.

(f) The Executive Director, or an officer of the Field Enforcement Division of the Alcohol and Tobacco Commission, may make investigations and issue citations to enforce this title.

(g) The Comptroller may adopt regulations to:

  (1) carry out this title; and

  (2) define any term used in this title.

#### Section 17-203

(a) This section does not apply to:

  (1) a Calvert County peddler license or magazine seller license issued under Subtitle 9 of this title;

  (2) a junk dealer or scrap metal processor license or agent license issued under Subtitle 10 of this title;

  (3) a storage warehouse license issued under Subtitle 12 of this title;

  (4) a promoter license issued under Subtitle 14 of this title; or

  (5) a vending machine license issued under Subtitle 19 of this title.

(b) Except as provided in subsections (a) and (c) of this section or otherwise in this title, each clerk shall account for and distribute the license fees received for licenses issued under this title as follows:

  (1) the clerk shall pay into the General Fund of the State:

    (i) the percentage of license fees authorized under Sec. 2-213 of the Courts Article; and

    (ii) 3% of license fees to defray the expenses of the State License Bureau; and

  (2) the clerk shall distribute the remaining license fees:

    (i) to the municipal corporation where the licensed business or activity is located, if the licensed business or activity is located in a municipal corporation; or

    (ii) to the county where the licensed business or activity is located, if the licensed business or activity is not located in a municipal corporation.

(c) A clerk shall account for and pay into the General Fund of the State the entire fee received for a trader's license issued in a county or municipal corporation that selects a uniform license fee under Sec. 17-1806 of this title.

(d) The clerk shall pay all issuance fees into the General Fund of the State.

(e)

  (1) For purposes of this subsection, per capita revenue shall be computed by using the population figures from the later of:

    (i) the most recent federal census; or

    (ii) an official local census.

  (2) The clerk may not distribute license fees to a county or municipal corporation unless the county or municipal corporation:

    (i) levies, in its current fiscal year, taxes sufficient to collect at least $1.00 per capita in revenue; and

    (ii) certifies to the Comptroller a copy of the levy.

  (3) The Comptroller shall notify the clerk if a county or municipality has not certified a copy of the levy as required under paragraph (2) of this subsection.

  (4) The clerk shall pay into the General Fund of the State any money that is not distributed at the end of the fiscal year of a county or municipal corporation because the county or municipal corporation failed to make the levy and certification required by paragraph (2) of this subsection.

### Subtitle 3. General Business Licensing Provisions

#### Section 17-301

In this subtitle, "license" has the meaning stated in Sec.Sec. 17-101 and 17-201 of this title.

#### Section 17-302

(a)

  (1) Subject to paragraph (2) of this subsection and except as otherwise provided in this title, an applicant for a new license under this title shall submit to the clerk:

    (i) an application that the clerk provides; and

    (ii) payment of the appropriate license fee required by this title.

  (2) If an applicant is applying for a new trader's license in a county or municipality that has not selected a uniform license fee under Sec. 17-1806 of this title, the applicant shall submit to the clerk a certification by the State Department of Assessments and Taxation, or other certification acceptable to the clerk, of the value of the stock-in-trade reported as inventory on the Business Personal Property Tax Return in each county where the business is located for the appropriate valuation year.

(b)

  (1) Subject to paragraph (2) of this subsection and except as otherwise provided in this title, a licensee applying for renewal of a license shall submit to the clerk, electronically or otherwise:

    (i) a certification by the county treasurer under subsection (c) of this section that there are no unpaid taxes due to the State or county on the fixtures or stock-in-trade; and

    (ii) payment of the appropriate license fee required by this title.

  (2) If a licensee is applying to renew a trader's license under this title, the licensee shall submit to the clerk a certification by the State Department of Assessments and Taxation, or other certification acceptable to the clerk, of the value of the fixtures and stock-in-trade reported as inventory on the Business Personal Property Tax Return in each county where the business is located for the applicant's business for the appropriate valuation year.

(c)

  (1) In this subsection, "county treasurer" includes the Director of Finance or other chief fiscal officer of a county that does not have a county treasurer.

  (2) This subsection does not apply to a domestic corporation that has shares subject to taxation under State law.

  (3) Except as otherwise provided in this title, a licensee applying for renewal of a license shall submit to the clerk, electronically or otherwise:

    (i) a certification by the county treasurer of that county, if applicable, that there are no unpaid taxes due to the county on the fixtures or stock-in-trade;

    (ii) a certification by the municipal corporation, if any, where the business is located that there are no unpaid taxes due to the municipal corporation on the fixtures or stock-in-trade; and

    (iii) a certification by the Comptroller that there are no unpaid taxes due to the State.

(d) In this section, the valuation year:

  (1) in Washington County, is the fiscal year that includes May 1 of the calendar year when the license is issued; or

  (2) in each other county, is the second preceding calendar year before the year for which the license is sought.

(e)

  (1) This subsection applies only in Calvert County.

  (2) The clerk may not issue a license under this title for the first time to a business that will be located in Calvert County unless the applicant submits to the clerk a certification that the location of the business for which the license is sought is zoned for the type of business for which the applicant is seeking a license.

  (3) The certification must be issued from:

    (i) the Calvert County Department of Planning and Zoning; or

    (ii) the appropriate municipal corporation, if the location of the proposed business is within the boundaries of a municipal corporation.

(f) Each application for a license shall contain any information required by the Comptroller in regulation.

#### Section 17-303

(a) The minimum license fee under this title is $2.50.

(b) Except as otherwise provided in this title, the license fee shall be prorated quarterly, but not below $2.50, if an applicant applies after May 1 for a license that will become effective before the following April 30.

(c)

  (1) A person who must have a license under this title but does not get the license on time shall pay to the clerk, in addition to the required license fee, a late fee.

  (2) Subject to paragraph (3) of this subsection, the late fee shall be the sum of:

    (i) 10% of the required license fee for the calendar month following the calendar month when the required license fee is due; and

    (ii) 2% of the required license fee for each calendar month or part of a month after that.

  (3) A late fee imposed under this subsection may not exceed 30% of the required license fee for the license year.

(d) The Comptroller shall charge an issuance fee for each license that is issued or transferred.

#### Section 17-304

Except as otherwise provided in this title, the clerk shall issue an appropriate license to each applicant who meets the requirements of this title.

#### Section 17-305

(a)

  (1) Except as otherwise provided in this title, a license is effective on May 1.

  (2) Whenever a person begins business after May 31, the clerk shall issue a license that is effective on the date of issuance.

(b) Except as otherwise provided in this title, a license expires on the first April 30 after its effective date.

#### Section 17-306

The holder of a license to do business at a particular place specified in the license shall display the license conspicuously at that place.

#### Section 17-307

(a)

  (1) If a specific place for doing business is stated in a license, the licensee may change the place of business only if the clerk endorses the change on the license.

  (2) Subject to subsections (b) and (c) of this section, on application of the licensee, the clerk shall endorse the change on the license.

(b) In Baltimore County, the clerk may not endorse a change in the place of business until the zoning commissioner approves the new place.

(c) In Calvert County, the clerk may not endorse a change in the place of business until the licensee meets the zoning requirements of Sec. 17-302(d) of this subtitle for a license issued for the first time.

#### Section 17-308

If a licensee dies, the surviving spouse or personal representative of the licensee may do business under the license for the rest of the term of the license.

### Subtitle 6. Construction

#### Section 17-601

(a) In this subtitle the following words have the meanings indicated.

(b) "Construction license" means a license issued by the clerk to do construction business.

(c)

  (1) "Do construction business" means to agree to:

    (i) pave or curb a sidewalk, street, or other public or private property;

    (ii) excavate earth, rock, or other material for a foundation or other purpose; or

    (iii) do work on or in a building or other structure that requires the use of a building material, including:

      (1) paint;

      (2) stone;

      (3) brick;

      (4) mortar;

      (5) wood;

      (6) cement;

      (7) structural iron;

      (8) structural steel;

      (9) sheet iron;

      (10) galvanized iron;

      (11) metallic piping;

      (12) tin;

      (13) lead;

      (14) electric wiring; or

      (15) any other metal.

  (2) "Do construction business" does not include home improvement as defined in Sec. 8-101 of this article.

(d) "Nonresident construction license" means a construction license issued by the clerk to a person who is incorporated or has its principal office in another state.

#### Section 17-602

(a) Except as provided in Sec. 8-317 of this article, a person must have a construction license whenever the person does construction business in the State.

(b) A person who is incorporated or has its principal office in another state must have a nonresident construction license, in addition to any other license required by law, whenever the person does construction business in this State.

(c)

  (1) A construction license must be issued in the county where the construction business has its principal place of business.

  (2) A nonresident construction license must be issued in the county where the construction business first does construction business in the State.

(d) A construction license or nonresident construction license under this subtitle authorizes the licensee to do construction business in the State.

#### Section 17-603

An applicant for a construction license or nonresident construction license shall pay to the clerk a license fee of:

(1) $15 for a license in a county other than Baltimore City, Baltimore County, or Cecil County;

(2) $40 for a license in Baltimore City or Baltimore County; or

(3) $30 for a license in Cecil County.

### Subtitle 8. Garages

#### Section 17-801

(a) In this subtitle the following words have the meanings indicated.

(b) "Garage" means a building or part of a building where motor vehicles are stored or parked for a fee.

(c) "Garage license" means a license issued by the clerk to keep a garage.

#### Section 17-802

A person must have a garage license whenever the person keeps a garage in the State.

#### Section 17-803

(a)

  (1) An applicant for a garage license shall pay to the clerk a license fee based on the floor area of each garage.

  (2) In a county other than Baltimore City or Baltimore County, the license fee is:

    (i) $20 for a garage with not more than 2,000 square feet;

    (ii) $40 for a garage with more than 2,000 and not more than 3,000 square feet;

    (iii) $75 for a garage with more than 3,000 and not more than 5,000 square feet;

    (iv) $125 for a garage with more than 5,000 and not more than 7,500 square feet;

    (v) $200 for a garage with more than 7,500 and not more than 10,000 square feet; or

    (vi) $200 for a garage with more than 10,000 square feet plus $50 for each additional 5,000 square feet or part of 5,000 square feet.

  (3) In Baltimore City or Baltimore County, the license fee is $6 for each 100 square feet of each garage.

(b) The floor area on which the license fee is based is the total floor area of all floors of the garage, excluding:

  (1) the space occupied by a machine shop that is defined by permanent partitions; and

  (2) the floor area of a space 15 feet wide and extending the entire length or depth of the garage on each floor on which a law requires that a space be kept open.

### Subtitle 9. Peddlers

#### Section 17-901

(a) In this subtitle the following words have the meanings indicated.

(b) "Calvert County magazine seller license" means a license issued by the clerk in Calvert County to act as a nonresident itinerant magazine seller in Calvert County.

(c) "Foot peddler" means a peddler who travels on foot.

(d) "Motor vehicle peddler" means a peddler who travels by motor vehicle.

(e) "Nonresident itinerant magazine seller" means a person who is not a resident of Calvert County and who sells or offers to sell a subscription to a magazine or other publication in Calvert County.

(f) "One-horse peddler" means a peddler who travels with a wagon or other vehicle drawn by one horse or other beast of burden.

(g)

  (1) "Peddler" means a person who:

    (i) does not have a fixed place of business located in a physical structure; and

    (ii) moves from house to house or place to place carrying articles of merchandise to be sold and delivered concurrently.

  (2) "Peddler" includes a foot peddler, motor vehicle peddler, one-horse peddler, and two-horse peddler.

(h) "Peddler license" means a license issued by the clerk to act as a peddler.

(i) "Two-horse peddler" means a peddler who travels with a wagon or other vehicle drawn by two horses or other beasts of burden.

#### Section 17-905

(a) Part II of this subtitle does not apply in Anne Arundel, Baltimore, Calvert, Cecil, Howard, Montgomery, and Prince George's counties.

(b) In Allegany County, Part II of this subtitle does not apply to a trader who holds a trader's license and has kept a regular place of business in Allegany County for at least 5 years.

(c) In Charles County, Part II of this subtitle:

  (1) applies to the sale of goods from a motor vehicle or temporary stand; but

  (2) does not apply to the sale of goods from a motor vehicle or temporary stand in connection with a permanent business in Charles County if:

    (i) the seller has the written permission of the owner of the business; and

    (ii) the motor vehicle or temporary stand is on or adjacent to the premises of the business.

(d) In Harford County, Part II of this subtitle:

  (1) applies to the sale of goods from a vehicle or temporary stand; and

  (2) does not apply to:

    (i) the sale of goods on property that the seller owns or leases; or

    (ii) a nonprofit organization.

(e) In St. Mary's County, Part II of this subtitle applies to a nonresident of St. Mary's County who sells goods from a motor vehicle, temporary stand, or other temporary location.

(f) Except in Harford County, Part II of this subtitle does not apply to the sale of:

  (1) fish or oysters in their natural and unpreserved condition; or

  (2) perishable fruits or vegetables in their natural condition.

#### Section 17-906

Except as otherwise provided in Part II of this subtitle or Sec.Sec. 10-14A-03 and 10-14B-03 of the State Government Article, a person must have a peddler license whenever the person acts as a peddler in the State.

#### Section 17-907

(a)

  (1) An applicant for a peddler license shall pay to the clerk the applicable license fee.

  (2) If the applicant is a foot peddler, the license fee is:

    (i) in Baltimore City, $200;

    (ii) in St. Mary's County, the amount set by the County Commissioners, by resolution; and

    (iii) in any other county, $100.

  (3) If the applicant is a one-horse peddler, the license fee is:

    (i) in Baltimore City, $250;

    (ii) in St. Mary's County, the amount set by the County Commissioners, by resolution; and

    (iii) in any other county, $150.

  (4) If the applicant is a two-horse peddler, the license fee is:

    (i) in Baltimore City, $300;

    (ii) in St. Mary's County, the amount set by the County Commissioners, by resolution; and

    (iii) in any other county, $200.

  (5) If the applicant is a motor vehicle peddler, the license fee is:

    (i) in Baltimore City, $500;

    (ii) in St. Mary's County, the amount set by the County Commissioners, by resolution; and

    (iii) in any other county, $300; but

      (1) in Garrett County, the license fee is $100 for a resident of Garrett County; and

      (2) in Worcester County, the license fee is $100 for a resident of Worcester County who sells only ice cream.

(b)

  (1) In Harford County, an applicant for a peddler license must have the written permission of the owner or lessee of the property where the applicant will do business.

  (2) The written permission shall include:

    (i) the name, address, and telephone number of the owner or lessee of the property;

    (ii) the name, permanent address, and telephone number of the applicant;

    (iii) a description of the goods to be sold by the applicant; and

    (iv) the times of day and the number of days per month that the applicant is allowed to do business on the property of the owner or lessee.

#### Section 17-908

(a)

  (1) The clerk shall provide a metal tag and license sticker to each peddler who holds a peddler license.

  (2) The clerk shall provide a license sticker to each peddler who renews a peddler license.

(b)

  (1) A peddler shall possess the metal tag and license sticker at all times that the individual is acting as a peddler.

  (2) A one-horse peddler, two-horse peddler, and motor vehicle peddler shall keep the metal tag and license sticker attached to the vehicle.

#### Section 17-909

(a) A peddler license authorizes the holder to act as a peddler only in the county where the peddler license is issued.

(b) In Harford County, a peddler may not sell goods on:

  (1) a county right-of-way; or

  (2) a State right-of-way, unless the peddler gets a lease agreement from the appropriate State unit.

#### Section 17-910

(a) Except as otherwise provided in this subtitle, a person may not act as a peddler unless the person has a peddler license.

(b) Except as otherwise provided in this subtitle, a person who violates any provision of this subtitle is guilty of a misdemeanor and, on conviction, is subject to a fine not exceeding $100.

#### Section 17-911

(a) This section does not apply in Allegany and Washington counties.

(b) A municipal corporation may not require a local license or impose a local fee or tax to sell fresh fruits, vegetables, or other country produce from a wagon at retail if the seller is the producer.

(c) However, a municipal corporation by ordinance may:

  (1) provide for the issuance of identification cards or tags to producers of country produce who sell the produce from a wagon at retail;

  (2) set a fee, not exceeding 50 cents for each producer, for the issuance of identification cards or tags; and

  (3) require producers to get and display identification cards or tags.

(d)

  (1) A person who is not the producer may not sell or offer to sell any fresh fruits, vegetables, or other country produce from a wagon at retail in a municipal corporation that requires a local license or imposes a local fee or tax to do so without getting the license or paying the fee or tax.

  (2) A person who violates this subsection is guilty of a misdemeanor and, on conviction, is subject to a fine not exceeding $25.

#### Section 17-916

(a) Part III of this subtitle applies only in Calvert County.

(b) Part III of this subtitle does not apply to sales by producers of their own vegetables or other perishable farm products.

#### Section 17-917

(a) Except as otherwise provided in Part III of this subtitle or Sec.Sec. 10-14A-03 and 10-14B-03 of the State Government Article, a person must have a peddler license whenever in Calvert County the person:

  (1) sells or offers for sale at wholesale or retail any vegetables, eggs, poultry, meats, or other farm products; or

  (2) sells or offers for sale at retail any dry goods or clothing.

(b) Except as otherwise provided in Sec.Sec. 10-14A-03 and 10-14B-03 of the State Government Article, a person must have a magazine seller license whenever the person acts as a nonresident itinerant magazine seller in Calvert County.

#### Section 17-918

(a)

  (1) An applicant for a peddler license shall pay to the clerk a license fee of:

    (i) $75, if the applicant sells at wholesale; or

    (ii) $150, if the applicant sells at retail.

  (2) An applicant for a magazine seller license shall pay to the clerk a license fee of $50.

(b) The clerk shall pay all money collected under this subtitle to the County Treasurer of Calvert County to be placed in the general fund of Calvert County.

#### Section 17-919

The clerk shall issue to each holder of a peddler license a metal tag that indicates that the license fee for the current year has been paid.

#### Section 17-920

Each holder of a peddler license shall keep the metal tag attached to any vehicle used by the peddler.

#### Section 17-921

(a) Except as otherwise provided in Part III of this subtitle, unless a person has a peddler license, the person may not in Calvert County:

  (1) sell or offer for sale at wholesale or retail any vegetables, eggs, poultry, meats, or other farm products; or

  (2) sell or offer for sale at retail any dry goods or clothing.

(b) A person who violates this section is guilty of a misdemeanor and, on conviction, is subject to a fine not exceeding $500.

#### Section 17-922

(a) A person may not act as a nonresident itinerant magazine seller in Calvert County unless the person has a magazine seller license.

(b) A person who violates this section is guilty of a misdemeanor and, on conviction, is subject to a fine not exceeding $300.

### Subtitle 10. Junk Dealers and Scrap Metal Processors

#### Section 17-1001

(a) In this subtitle the following words have the meanings indicated.

(b) "Agent" means a person who buys or sells junk or scrap metal for a junk dealer or scrap metal processor.

(c) "Agent license" means a license issued by the clerk to act as an agent.

(d) "Antique dealer" means a person who does business buying and selling antiques.

(e) "Antiques" means objects made in, or typical of, an earlier period of time, that either have special value because of their age or are examples of works of art or handicrafts.

(f)

  (1) "Junk" or "scrap metal" includes:

    (i) nonferrous articles made wholly or substantially of:

      (1) aluminum;

      (2) babbitt metal;

      (3) brass;

      (4) bronze;

      (5) light copper;

      (6) heavy copper;

      (7) lead;

      (8) low carbon chrome;

      (9) low carbon manganese;

      (10) molybdenum;

      (11) monel metal;

      (12) pewter;

      (13) nickel;

      (14) stainless steel;

      (15) tin;

      (16) vanadium;

      (17) zinc;

      (18) platinum;

      (19) gold;

      (20) rhodium; or

      (21) other nonferrous metals; and

    (ii) the following used articles, made of either ferrous or nonferrous metal:

      (1) catalytic converters;

      (2) metal bleachers;

      (3) hard-drawn copper;

      (4) metal beer kegs;

      (5) cemetery urns;

      (6) grave markers;

      (7) propane tanks;

      (8) telecommunications equipment that includes any other used articles owned by a telecommunications company, as defined in Sec. 6-305.1 of the Criminal Law Article, including:

      (A) antennae;

      (B) burned wires;

      (C) busbars;

      (D) cell tower batteries;

      (E) fiber optic and copper cables;

      (F) power inverters;

      (G) materials with identifiable markers that indicate ownership by the telecommunications company; and

      (H) small cell facilities; and

      (9) any other used articles owned by a public utility including:

      (A) guardrails;

      (B) manhole covers;

      (C) metal light poles;

      (D) tree grates;

      (E) water meters; and

      (F) street signs.

  (2) "Junk" or "scrap metal" does not include beverage cans or food cans.

(g)

  (1) "Junk dealer" or "scrap metal processor" means a person who does business buying or selling junk or scrap metal.

  (2) "Junk dealer" or "scrap metal processor" does not include a dealer or pawnbroker licensed under Title 12 of this article.

(h) "Junk dealer or scrap metal processor license" means a license issued by the clerk to do business as a junk dealer or scrap metal processor.

(i) "Nonresident junk dealer" means a junk dealer who is not a resident of the State.

(j) "Nonresident scrap metal processor" means a scrap metal processor who is not a resident of the State.

(k) "Primary law enforcement unit" means the Department of State Police, a police department, or sheriff, as designated by a resolution of the county or municipal governing body in the county in which the license of the junk dealer or scrap metal processor is held.

(l) "State junk license" includes:

  (1) a junk dealer or scrap metal processor license; or

  (2) an agent license.

#### Section 17-1002

(a) This subtitle does not apply to:

  (1) a dealer or pawnbroker licensed under Title 12 of this article;

  (2) a person doing business other than junk business or scrap metal business whenever the person:

    (i) buys or transports junk or scrap metal used in the operation of the business; or

    (ii) transports, for disposal or sale, junk or scrap metal accumulated by the business to dispose of or sell the junk or scrap metal; or

  (3) a vehicle that a common carrier uses to transport junk or scrap metal in the business of the common carrier.

(b) Except as provided in Sec. 17-1012 of this subtitle, this subtitle does not apply to antique dealers.

#### Section 17-1003

(a) A county or municipal governing body in the county in which the license of the junk dealer or scrap metal processor is held shall designate by resolution the primary law enforcement unit to receive records in accordance with Sec. 17-1011(b) of this subtitle.

(b) If a municipal governing body designates a county police department or sheriff as the primary law enforcement unit under this section, the county may designate the Department of State Police as the primary law enforcement unit.

#### Section 17-1005

(a)

  (1) Except as otherwise provided in this subtitle or Sec.Sec. 10-14A-03 and 10-14B-03 of the State Government Article, a person must have a junk dealer or scrap metal processor license whenever the person does business as a junk dealer or scrap metal processor in the State.

  (2) This subsection does not apply to a situation in which:

    (i) a nonresident junk dealer or nonresident scrap metal processor buys junk or scrap metal from a junk dealer or scrap metal processor licensee who is a resident of the State; or

    (ii) the nonresident junk dealer or nonresident scrap metal processor transports that junk or scrap metal.

  (3) If a nonresident junk dealer or nonresident scrap metal processor comes into the State in a vehicle, the nonresident junk dealer or nonresident scrap metal processor may not transport from the State in that vehicle any junk or scrap metal bought in the State unless the nonresident junk dealer or nonresident scrap metal processor holds a junk dealer or scrap metal processor license.

(b)

  (1) Except as otherwise provided in this subtitle or Sec.Sec. 10-14A-03 and 10-14B-03 of the State Government Article, a person must have an agent license whenever the person acts as an agent in the State.

  (2) This subsection does not apply to a salaried employee of a junk dealer or scrap metal processor licensee.

#### Section 17-1006

(a) An applicant for a State junk license shall:

  (1) certify to the clerk the applicant's name and business address; and

  (2) pay to the clerk a license fee of:

    (i) $10 for a junk dealer or scrap metal processor license; or

    (ii) $5 for an agent license.

(b) All license fees collected for issuance of State junk licenses under this section shall be paid to the Comptroller.

#### Section 17-1007

(a) The clerk shall issue a State junk license to each applicant who meets the requirements of this subtitle.

(b) A State junk license is not transferable.

#### Section 17-1008

If a nonresident junk dealer or nonresident scrap metal processor establishes a fixed place of business as a junk dealer or scrap metal processor in the State, the nonresident junk dealer or scrap metal processor shall:

(1) obtain a junk dealer or scrap metal processor license; and

(2) comply with all laws and regulations related to the junk dealer or scrap metal processor license.

#### Section 17-1009

(a)

  (1) This section applies to all junk dealers and scrap metal processors doing business in the State, including nonresident junk dealers and nonresident scrap metal processors.

  (2)

    (i) Subject to subparagraph (ii) of this paragraph, this section applies to an automotive dismantler and recycler or scrap metal processor licensed under Title 15, Subtitle 5 of the Transportation Article if the automotive dismantler and recycler or scrap metal processor:

      (1) conducts business as a licensed junk dealer or scrap metal processor;

      (2) acquires vehicle parts that qualify as junk or scrap metal as defined under Sec. 17-1001(f) of this subtitle; or

      (3) acquires articles that are listed, or made of metals that are listed, in Sec. 17-1001(f) of this subtitle.

    (ii) Subsection (b)(2) of this section applies to any automotive dismantler and recycler or scrap metal processor licensed under Title 15, Subtitle 5 of the Transportation Article if all or part of a detached catalytic converter is acquired by the automotive dismantler and recycler or scrap metal processor from a person.

  (3) This section does not apply to:

    (i) except as provided in paragraph (2)(ii) of this subsection, an automotive dismantler and recycler or scrap metal processor that only acquires whole vehicles for the purpose of dismantling, destroying, or scrapping them for the benefit of their parts or the materials in them; or

    (ii) a person that buys scrap metal to use as raw material to produce 1,000,000 tons of steel or more in the State per calendar year.

  (4)

    (i) Except as provided in subparagraph (ii) of this paragraph, this section preempts the right of a county or municipality to regulate the resale of junk or scrap metal.

    (ii) This section does not limit the power of a county or municipality to license junk dealers and scrap metal processors.

    (iii) This section supersedes any existing law of a county or municipality that regulates the resale of junk or scrap metal.

(b)

  (1) For each purchase of junk or scrap metal in the State, a junk dealer or scrap metal processor shall keep an accurate record in English.

  (2) The record shall state:

    (i) the date and time of purchase;

    (ii) a description of the junk or scrap metal purchased, including:

      (1) the type and grade of the junk or scrap metal;

      (2) if payment is based on weight, the weight of each type and grade of junk or scrap metal; and

      (3) if the junk or scrap metal includes all or part of a detached catalytic converter, the vehicle identification number of the vehicle from which it was obtained;

    (iii) the amount paid or other consideration for the junk or scrap metal;

    (iv) the registration plate number, make, and model of any vehicle used;

    (v) the name and address of the individual from whom the junk or scrap metal is acquired;

    (vi) the signature of:

      (1) the individual from whom the junk or scrap metal is acquired; and

      (2) the junk dealer, scrap metal processor, or employee who accepted the junk or scrap metal; and

    (vii) for each individual from whom the junk dealer or scrap metal processor acquires junk or scrap metal:

      (1) the date of birth and driver's license number of the individual; or

      (2) identification information about the individual from a valid State-issued photo ID that provides a physical description of the individual, including the sex, race, any distinguishing features, and approximate age, height, and weight of the individual.

  (3) The records required under this subsection shall be kept in electronic form.

  (4)

    (i) Subject to subparagraph (iv) of this paragraph, the junk dealer or scrap metal processor shall submit a copy of each record required under this paragraph to the primary law enforcement unit in accordance with subparagraphs (ii) and (iii) of this paragraph.

    (ii) A junk dealer or scrap metal processor shall submit a record by transmitting a copy of the records electronically, in a format acceptable to the receiving primary law enforcement unit, by the end of the first business day following the date of the transaction.

    (iii) Each copy of a record submitted to the primary law enforcement unit shall include:

      (1) the date and time of purchase;

      (2) a description of the junk or scrap metal, including its weight if payment is based on weight;

      (3) whether the amount paid or other consideration for the junk or scrap metal exceeds $500;

      (4) the registration plate number of any vehicle used by the individual from whom the junk or scrap metal is acquired;

      (5) the name and address of the individual from whom the junk or scrap metal is acquired;

      (6) the date of birth and driver's license number of the individual from whom the junk or scrap metal is acquired;

      (7) identification information about the individual from a valid State-issued photo ID that provides a physical description of the individual, including the sex, race, age, height, and weight of the individual; and

      (8) an electronic scan or photocopy of the valid State-issued photo ID under item 7 of this subparagraph.

    (iv) The provisions of subparagraphs (i), (ii), and (iii) of this paragraph may not be construed to require a junk dealer or scrap metal processor to incur a substantial financial burden to comply with the requirements of this paragraph.

  (5) A copy of a record submitted under paragraph (4) of this subsection:

    (i) shall be kept confidential;

    (ii) is not a public record; and

    (iii) is not subject to Title 4 of the General Provisions Article.

  (6) The primary law enforcement unit may destroy the copy of a record submitted under paragraph (4) of this subsection after 1 year from the date that the primary law enforcement unit receives the copy.

  (7)

    (i) The primary law enforcement unit may waive the holding of electronic records under paragraph (3) of this subsection or the submission of electronic records under paragraph (4) of this subsection by a junk dealer or scrap metal processor.

    (ii) Any waivers granted under subparagraph (i) of this paragraph shall be limited to authorizing a junk dealer or scrap metal processor to:

      (1) extend the reporting deadline under paragraph (4) of this subsection for an extra day;

      (2) hold written records; or

      (3) submit records by facsimile or by mail.

(c)

  (1) This subsection applies to junk dealers and scrap metal processors who are residents of the State.

  (2) Each junk dealer or scrap metal processor shall keep the records required by subsection (b) of this section for 1 year after the date of the transaction.

  (3) The records kept in accordance with this subsection shall be open to inspection during business hours by State or local law enforcement personnel for an investigation of a specific crime involving the materials listed under Sec. 17-1001(f) of this subtitle.

(d)

  (1) A junk dealer or scrap metal processor may not barter, buy, exchange, or accept from a person any junk or scrap metal unless the junk dealer or scrap metal processor keeps records and makes entries in them in accordance with this subtitle.

  (2) A junk dealer or scrap metal processor may not purchase a catalytic converter from an individual unless the individual, at the time of purchase, provides identification as:

    (i) a licensed automotive dismantler and recycler or scrap metal processor; or

    (ii) an agent or employee of a licensed commercial enterprise.

  (3)

    (i) A junk dealer or scrap metal processor may not purchase a cemetery urn, grave marker, or any other item listed under Sec. 17-1001(f)(1)(ii) of this subtitle from an individual unless the individual, at the time of purchase, provides appropriate authorization from a relevant business or unit of federal, State, or local government or from an individual with authorization under subparagraph (ii) of this paragraph specifically authorizing the individual to conduct the transaction.

    (ii) For a purchase of telecommunications equipment sold as junk or scrap metal, appropriate authorization under this subsection includes a bill of sale, receipt, letter of authorization, or other documentary evidence that the seller has lawful authority to sell the telecommunications equipment.

(e) State or local law enforcement personnel may request information from the records required under subsection (b) of this section pursuant to an investigation of a specific crime involving the materials listed under Sec. 17-1001(f) of this subtitle.

(f)

  (1) The record and reporting requirements of subsection (b) of this section do not apply to an item that is acquired from:

    (i) a licensed junk dealer or scrap metal processor;

    (ii) a unit of federal, State, or local government; or

    (iii) a commercial enterprise with a valid business license that has entered into a written contract with a junk dealer or scrap metal processor who has provided to the primary law enforcement unit:

      (1) the name and business address of the commercial enterprise; and

      (2) the type of junk or scrap metal subject to the contract.

  (2)

    (i) Subject to subparagraph (ii) of this paragraph, a contract under paragraph (1)(iii) of this subsection shall be open to inspection by a local law enforcement agency on the premises of the junk dealer or scrap metal processor during business hours.

    (ii) Notwithstanding any other law, a contract open to inspection by a local law enforcement agency under subparagraph (i) of this paragraph may not be open for public inspection without the consent of the junk dealer or scrap metal processor.

(g)

  (1) If a State or local law enforcement agency has reasonable cause to believe that junk or scrap metal that is in the possession of a junk dealer or scrap metal processor is stolen, the law enforcement agency may issue a written hold notice.

  (2) The written hold notice shall:

    (i) identify the items of junk or scrap metal alleged to be stolen and subject to hold;

    (ii) inform the junk dealer or scrap metal processor of the hold imposed on the items of junk or scrap metal; and

    (iii) specify the time period for the hold, not to exceed 15 days.

  (3) On receipt of a written hold notice from a law enforcement agency, a junk dealer or scrap metal processor may not process or remove from the junk dealer's or scrap metal processor's place of business before the end of the hold period any items of junk or scrap metal identified in the hold notice, unless the item is released by the law enforcement agency or by court order.

(h) Local law enforcement personnel of the county where the place of business of the junk dealer or scrap metal processor is located or where the junk or scrap metal was purchased may enforce this section.

(i) A person who violates this section is guilty of a misdemeanor and on conviction is subject to:

  (1) a fine not exceeding $500 for a first offense; and

  (2) a fine not exceeding $5,000 or imprisonment not exceeding 1 year or both for a subsequent offense.

#### Section 17-1010

(a) In this section, "historic marker or plaque" means a marker, plaque, or tablet commemorating a historic person or event, or identifying a historic place, structure, or object.

(b) This section applies to all junk dealers, scrap metal processors, and antique dealers who are residents of the State.

(c)

  (1) Each junk dealer, scrap metal processor, or antique dealer subject to this section who purchases a historic marker or plaque shall register with the sheriff or other law enforcement official designated by the governing body of the county in which the business of the junk dealer, scrap metal processor, or antique dealer is located a complete description of the historic marker or plaque.

  (2) The description shall include:

    (i) the date and time of purchase;

    (ii) the name and address of the seller;

    (iii) the license tag number of any vehicle used; and

    (iv) a description of the historic marker or plaque, including the full text, any installation date, and the name of any installation sponsor.

  (3) The registration required under this section shall be made within 3 business days after the date of the purchase of the historic marker or plaque.

(d) The sheriff or other law enforcement official promptly shall notify the Maryland Historical Trust with a copy to the junk dealer, scrap metal processor, or antique dealer who registered with the sheriff.

(e) A historic marker or plaque may not be sold or otherwise disposed of for a period of 30 days from the date of the notice required under subsection (d) of this section.

(f) A person who violates this section is guilty of a misdemeanor and, on conviction, is subject to a fine not exceeding $100.

#### Section 17-1011

Except as otherwise provided in this subtitle, a person who violates this subtitle is guilty of a misdemeanor and, on conviction, is subject to a fine not exceeding $500 for each offense.

### Subtitle 11. Laundries and Dry Cleaners

#### Section 17-1101

In this subtitle, "license" means a license issued by the clerk to do the business of cleaning, dyeing, pressing, or laundering on-site at the location stated on the license.

#### Section 17-1102

A person must have a license whenever the person does the business of on-site cleaning, dyeing, pressing, or laundering, other than hand laundering, in the State.

#### Section 17-1103

(a) An applicant for a license shall pay to the clerk the applicable license fee.

(b) In a county other than Baltimore City or Baltimore County, the license fee is:

  (1) $15 for a business that employs not more than 10 individuals;

  (2) $50 for a business that employs 11 to 20 individuals; and

  (3) $100 for a business that employs more than 20 individuals.

(c) In Baltimore City or Baltimore County, the license fee is:

  (1) $40 for a business that employs not more than 10 individuals;

  (2) $125 for a business that employs 11 to 20 individuals; and

  (3) $250 for a business that employs more than 20 individuals.

### Subtitle 12. Storage Warehouses

#### Section 17-1201

(a) In this subtitle the following words have the meanings indicated.

(b)

  (1) "Storage warehouse" means a building or structure used for keeping goods for a fee.

  (2) "Storage warehouse" does not include a self-service storage facility.

(c) "Storage warehouse license" means a license issued by the clerk to keep a storage warehouse.

#### Section 17-1202

A person must have a storage warehouse license whenever the person keeps a storage warehouse where goods are stored for a fee in the State.

#### Section 17-1203

(a) An applicant for a storage warehouse license shall pay to the clerk a license fee of:

  (1) $30 for a storage warehouse in a municipal corporation with a population of not more than 10,000;

  (2) $50 for a storage warehouse in a municipal corporation or county with a population of 10,001 to 20,000;

  (3) $75 for a storage warehouse in a municipal corporation or county with a population of 20,001 to 50,000; or

  (4) $150 for a storage warehouse in a municipal corporation or county with a population of more than 50,000.

(b) All license fees collected under this section shall be paid to the Comptroller.

#### Section 17-1204

(a) Before a moving and storage firm or warehouse that stores household goods provides any service, the moving and storage firm or warehouse shall give written notice to the buyer of the service that the buyer should get insurance to protect the buyer from loss of goods.

(b) A person who violates this section is guilty of a misdemeanor and, on conviction, is subject to a fine not exceeding $5,000 or imprisonment not exceeding 30 days or both.

### Subtitle 14. Promoters of Outdoor Musical Festivals

#### Section 17-1401

(a) In this subtitle the following words have the meanings indicated.

(b) "Health officer" means the health officer for the county where an outdoor musical festival will be held.

(c) "Outdoor musical festival" means an event at which a group of individuals participates in musical entertainment:

  (1) in an open space;

  (2) not in a permanent structure; and

  (3) not on publicly owned property.

(d)

  (1) "Promoter" means a person who:

    (i) organizes, operates, produces, or stages an outdoor musical festival; or

    (ii) owns or leases property where an outdoor musical festival is held.

  (2) "Promoter" does not include the State or a political subdivision of the State.

(e) "Promoter license" means a license issued by the clerk to act as a promoter.

#### Section 17-1402

(a) This subtitle does not apply in Baltimore City or Allegany, Howard, and Montgomery counties.

(b) This subtitle does not apply to an outdoor musical festival held in:

  (1) Carroll County by a college or public school; or

  (2) Kent County by a nonprofit agricultural, charitable, civic, fraternal, religious, social welfare, or war veterans' organization operating in Kent County.

(c)

  (1) In Anne Arundel, Baltimore, Calvert, Caroline, Cecil, Charles, Dorchester, Garrett, Harford, Prince George's, Somerset, St. Mary's, Talbot, Wicomico, and Worcester counties, this subtitle applies only to an outdoor musical festival with 1,000 or more spectators in attendance.

  (2) In Carroll, Frederick, Kent, Queen Anne's, and Washington counties, this subtitle applies only to an outdoor musical festival with 500 or more spectators in attendance.

(d) This subtitle applies only if admission is charged to attend the outdoor musical festival.

#### Section 17-1403

Except as otherwise provided in this subtitle or Sec.Sec. 10-14A-03 and 10-14B-03 of the State Government Article, a person must have a promoter license whenever the person acts as a promoter in the State.

#### Section 17-1404

(a) An applicant for a promoter license shall:

  (1) pay to the clerk a license fee of $500; and

  (2) get a health permit from the health officer.

(b) An applicant for a health permit shall:

  (1) post a bond in accordance with Sec. 17-1405 of this subtitle;

  (2) establish adequate health facilities and sanitation in accordance with any regulations adopted by the Maryland Department of Health to govern outdoor musical festivals; and

  (3) show that the applicant has obtained approval of the local law enforcement unit.

(c)

  (1) Approval of a local law enforcement unit under subsection (b)(3) of this section shall be based on the applicant's ability to provide:

    (i) adequate security for the safety of spectators and their property;

    (ii) adequate arrangements for the orderly flow of traffic to, at, and from the outdoor musical festival; and

    (iii) adequate security for those persons who might reasonably be affected by the outdoor musical festival and for their property.

  (2) Paragraph (1)(iii) of this subsection does not apply in St. Mary's County.

#### Section 17-1405

(a) In St. Mary's County, this section does not apply if the promoter owns the property where the outdoor musical festival will be held.

(b)

  (1) Except as provided in paragraph (3) of this subsection, each promoter shall post a cash bond with the application for a health permit.

  (2) The amount of the bond:

    (i) shall be determined by the health officer; but

    (ii) may not exceed:

      (1) $25,000 in Frederick and Washington counties; or

      (2) $50,000 in the other counties to which this subtitle applies.

  (3) In St. Mary's County, a promoter may pledge real or personal property instead of posting a cash bond if the promoter submits to the health officer a verified financial statement confirming that the fair market value of the pledged property equals or exceeds the amount of the bond required.

(c) The health officer:

  (1) shall keep the bond until 30 days after the end of the outdoor musical festival; and

  (2) after that time, shall return to the promoter any money that has not been used and is not needed to satisfy pending claims.

(d) If, within 72 hours after an outdoor musical festival ends, the promoter fails to remove all trash, and to begin repair of any damage to property, including crops and livestock, that the outdoor musical festival or its spectators caused or created, the health officer may use as much of the bond as necessary to remove the trash and repair the damage.

(e)

  (1) This subsection does not affect any common law remedy that the person has against the promoter.

  (2) Any person who has a claim against the bond shall submit the claim to the health officer within 30 days after the outdoor musical festival ends.

  (3) If a claim is submitted, the health officer shall determine and keep the amount necessary to cover the claim.

#### Section 17-1407

(a) Except as otherwise provided in this subtitle, a person may not act as a promoter in the State unless the person has a promoter license.

(b) A person who violates this section is guilty of a misdemeanor and, on conviction, is subject to a fine not exceeding $5,000 or imprisonment not exceeding 6 months or both.

### Subtitle 16. Restaurants

#### Section 17-1601

(a) In this subtitle the following words have the meanings indicated.

(b) "Restaurant" means an establishment that:

  (1) accommodates the public;

  (2) provides seating; and

  (3) is equipped with facilities for preparing and serving food.

(c) "Restaurant license" means a license issued by the clerk to operate a restaurant or other eating place.

#### Section 17-1602

This subtitle does not apply in Montgomery County.

#### Section 17-1603

A person must have a restaurant license whenever the person operates a restaurant or other eating place in the State.

#### Section 17-1604

An applicant for a restaurant license shall pay to the clerk a license fee of:

(1) $50 for each place of business in Baltimore City, Baltimore County, or Cecil County;

(2) $25 for each place of business in a municipal corporation with a population of 8,000 or more in any other county; or

(3) $10 for each place of business elsewhere in the State.

### Subtitle 17. Micro Markets

#### Section 17-1701

(a) In this subtitle the following words have the meanings indicated.

(b) "Food service facility" has the meaning stated in Sec. 21-301 of the Health - General Article.

(c) "Micro market" means an unstaffed, self-checkout retail food service facility that:

  (1) includes one or more micro market displays;

  (2) has an automated payment kiosk or other device designed to accept electronic payments that is operated by the consumer;

  (3) is located indoors and within a separate business; and

  (4) is generally accessible only to individuals within the building in which the food service facility is located.

(d) "Micro market display" means the place where the food being sold by a micro market is displayed, including:

  (1) an open rack;

  (2) a refrigerator or a refrigerated cooler;

  (3) a freezer;

  (4) a vending machine;

  (5) a beverage dispenser; or

  (6) a single-serve coffee brewer.

(e) "Micro market license" means a license issued by the clerk to operate a micro market.

#### Section 17-1702

(a) Notwithstanding any other provision of law, the owner or operator of a micro market may not be required to have a person in charge present during the hours of operation of the micro market if the micro market meets the requirements of this section.

(b) Food sold at a micro market shall:

  (1) be commercially prepackaged food or ready-to-eat food;

  (2) be prepackaged in tamper-evident packaging; and

  (3) contain the following information on the packaging label:

    (i) nutrition information required by the Federal Food, Drug, and Cosmetic Act;

    (ii) a freshness or expiration date; and

    (iii) any other information required under Title 21, Subtitle 2 of the Health - General Article.

(c) Refrigerated or frozen food sold at a micro market shall be stored and displayed in a refrigerator, refrigerated cooler, or freezer that:

  (1) maintains an internal temperature:

    (i) of 41 degrees Fahrenheit or lower; or

    (ii) for food safety determined by the Maryland Department of Health;

  (2) has self-closing doors;

  (3) has doors that allow the food on display to be viewed without opening the door to the refrigerator, refrigerated cooler, or freezer; and

  (4) has an automated self-locking feature that prevents a consumer from accessing the food on the occurrence of any condition that results in the failure of the refrigerator, refrigerated cooler, or freezer to maintain the internal temperature required under item (1) of this subsection.

(d)

  (1) The owner or operator of a micro market shall post a sign that is clearly visible to the consumer near the micro market entryway or while using the electronic payment device that includes the following information:

    (i) the name of the owner or operator of the micro market to whom complaints and comments regarding the micro market may be addressed;

    (ii) the business mailing address of the owner or operator;

    (iii) the business telephone number of the owner or operator; and

    (iv) the e-mail address and website address of the owner or operator, if applicable.

  (2) The sign posted under paragraph (1) of this subsection shall be in English and, at the discretion of the owner or operator of the micro market, in any other language of the consumers of the micro market.

#### Section 17-1703

(a) The owner or operator of a micro market may secure the product and premises of a micro market by use of video surveillance that:

  (1) operates 24 hours per day, 7 days per week;

  (2) records consumers viewing, selecting, handling, and purchasing products from the micro market; and

  (3) provides sufficient resolution to identify consumers described in item (2) of this subsection.

(b)

  (1) A video surveillance recording made under subsection (a) of this section shall be maintained by the owner for 14 days after the date of the video surveillance recording.

  (2) The owner or operator of a micro market shall make a video surveillance recording available for inspection by the  Comptroller or any other regulatory or law enforcement agency:

    (i) on the request of the  Comptroller or the regulatory or law enforcement agency; and

    (ii) within 24 hours from the time the request is received by the owner or operator.

#### Section 17-1704

(a) A person must have a micro market license to operate one or more micro markets in the State.

(b) A license issued to a person authorizes the holder to operate a micro market in the State.

#### Section 17-1705

An applicant for a micro market license shall provide to the clerk:

(1) a form required by the  Comptroller that includes the address of each micro market to be operated by the applicant; and

(2) a license fee of $50.

#### Section 17-1706

(a) Except as otherwise provided in this subtitle, a person may not operate a micro market in the State unless the person has a micro market license.

(b) A person that violates this section is guilty of a misdemeanor and, on conviction, is subject to a fine not exceeding $5,000 or imprisonment not exceeding 6 months or both.

### Subtitle 17A. Chain Stores

#### Section 17-17A-01

(a) In this subtitle the following words have the meanings indicated.

(b) "Chain store license" means a license issued by the clerk to operate two or more stores under the same general management or ownership.

(c) "General management or ownership" means a common or shared management, supervision, or ownership of more than one retail store, regardless of corporate form, purpose, or structure.

#### Section 17-17A-02

This subtitle does not apply to a retail service station dealer, as defined in Sec. 10-101 of this article, of which the principal business is the sale or distribution of motor fuel.

#### Section 17-17A-03

A person must have a chain store license and a trader's license issued under Subtitle 18 of this title whenever the person operates two or more retail stores under the same general management or ownership in the State. 

#### Section 17-17A-04

(a) An applicant for a chain store license shall pay to the clerk a license fee based on the number of locations in the State.

(b)

  (1) This subsection does not apply in Baltimore City, Baltimore County, and Cecil County.

  (2) The license fee in each county is:

    (i) for 2 to 5 stores, $5 for each store;

    (ii) for 6 to 10 stores, $20 for each store;

    (iii) for 11 to 20 stores, $100 for each store; and

    (iv) for more than 20 stores, $150 for each store.

(c) In Baltimore City and Baltimore County the license fee is:

  (1) for 2 to 5 stores, $12 for each store;

  (2) for 6 to 10 stores, $50 for each store;

  (3) for 11 to 20 stores, $250 for each store; and

  (4) for more than 20 stores, $150 for each store.

(d) In Cecil County the license fee is:

  (1) for 2 to 5 stores, $10 for each store;

  (2) for 6 to 10 stores, $30 for each store;

  (3) for 11 to 20 stores, $100 for each store; and

  (4) for more than 20 stores, $300 for each store.

### Subtitle 18. Traders

#### Section 17-1801

(a) In this subtitle the following words have the meanings indicated.

(b) "Blind Industries" means Blind Industries and Services of Maryland.

(c) "Exhibitor" means a person who rents space from a promoter to display and sell goods at a show.

(d) "Licensed trader" means a trader who is licensed by the clerk under this subtitle.

(e) "Mobile place of business" means a place of business located in a truck, trailer, or other vehicle and not in a building or other fixed structure.

(f) "Promoter" means a person who rents space at a show to an exhibitor.

(g) "Show" includes an antique show, coin show, flea market, gun show, stamp show, and show of a temporary nature.

#### Section 17-1802

This subtitle does not apply to the sale of alcoholic beverages.

#### Section 17-1803

(a) Except as otherwise provided in this subtitle or Sec.Sec. 10-14A-03 and 10-14B-03 of the State Government Article, a person must have a trader's license whenever the person:

  (1) does business as a trader in the State; or

  (2) does business as an exhibitor in the State.

(b) A separate trader's license is required for each store or place of business that a person operates in the State.

(c)

  (1) A separate trader's license is required for each mobile place of business that operates exclusively in one fixed location in the State.

  (2) Each mobile place of business that operates in more than one location in the State requires a trader's license and a peddler's license issued under Subtitle 9 of this title.

(d) This section does not apply to:

  (1) a grower, maker, or manufacturer of goods;

  (2) a nonresident traveling salesperson, sample merchant, or representative of a foreign mercantile or manufacturing business while selling to or soliciting an order from a licensed trader in the State;

  (3) a private individual while publicly selling the individual's personal effects on the individual's property, if the individual holds only 1 sale not exceeding 14 consecutive days in a calendar year; or

  (4) a restaurant licensed under Subtitle 16 of this title that generates 10% or less of its annual sales from nonfood items.

(e)

  (1) An exhibitor need not get a trader's license for a show if the show is promoted by:

    (i) a church, as defined in Sec. 5-301(b) of the Corporations and Associations Article;

    (ii) a governmental unit;

    (iii) an amateur radio organization;

    (iv) an antique vehicle, machine, and equipment organization;

    (v) a volunteer fire department or rescue squad; or

    (vi) a model train collectors' association.

  (2) An exhibitor need not get a trader's license for a show if the exhibitor gives to the promoter an exhibitor's affidavit stating that the exhibitor:

    (i) receives less than 10% of the exhibitor's annual income from selling the kind of goods that the exhibitor will display and sell at the show; and

    (ii) has not participated in more than three shows, not including participation in one show sponsored by a national organization that is exempt from taxation under Sec. 501(c)(3) of the Internal Revenue Code, during the previous 365 days.

  (3) An exhibitor at an antique show, coin show, or collector show need not get a trader's license for the show if the exhibitor gives to the promoter an exhibitor's affidavit stating that the exhibitor:

    (i) will display and sell at the show;

    (ii) receives less than 10% of the exhibitor's annual income in the State from selling the kind of goods that the exhibitor will display and sell at the show; and

    (iii) has not participated in more than three antique shows, coin shows, or collector shows in the State during the previous 365 days.

  (4) An exhibitor who has a trader's license need not get an additional trader's license for a show if, before the show, the exhibitor gives the promoter a photocopy of the trader's license.

#### Section 17-1804

(a) An applicant for a trader's license shall state in the application the place where the applicant will do business as a trader.

(b)

  (1) An applicant for a trader's license may apply under this subsection if the applicant has a defect in vision such that:

    (i) visual acuity in the applicant's better eye does not exceed 20/140 with correcting lenses; or

    (ii) the widest diameter of the applicant's visual field subtends an angle not exceeding 20 degrees.

  (2) An applicant for a trader's license under this subsection shall submit to the clerk:

    (i) a signed certificate, from a licensed physician who specializes in treatment of the eye, that the applicant's vision meets the standard of paragraph (1) of this subsection; and

    (ii) an affidavit that the applicant is the owner of the place of business listed in the application.

  (3) Blind Industries also may apply for a trader's license under this subsection for a business that it operates, if Blind Industries submits to the clerk an affidavit that:

    (i) Blind Industries operates the business listed in the application; and

    (ii) the manager of the business has vision that meets the standard of paragraph (1) of this subsection.

#### Section 17-1805

(a)

  (1) In Baltimore County, the clerk may not issue a trader's license for the first time without the approval of the zoning commissioner.

  (2) In an area of Cecil County where the Cecil County Office of Planning and Zoning has jurisdiction, the clerk may not issue a trader's license for the first time until the applicant has obtained zoning approval from that office.

  (3)

    (i) In Howard County, the clerk may not issue a trader's license for the first time without the approval of the Director of the Office of Planning and Zoning.

    (ii) Within 3 working days after an application for a trader's license is submitted for review to the Director of the Office of Planning and Zoning, the Director shall notify the clerk of the approval or disapproval of the application.

  (4) In Calvert County, the clerk may not issue a trader's license without the approval of the Director of the Office of Planning and Zoning for all new licenses and for any changes to a location for an existing license.

(b) The clerk shall indicate on each trader's license the place where the licensed trader may do business as a trader.

(c)

  (1) This subsection does not apply to a county or municipal corporation that selects a uniform license fee under Sec. 17-1806 of this subtitle.

  (2) A clerk may not issue a trader's license until the clerk reviews the accuracy of the statement made by the applicant on the application for a trader's license under Sec. 17-1804 of this subtitle regarding the place where the applicant will do business as a trader.

#### Section 17-1806

(a) On or before December 1 each year, the governing body of a county or municipal corporation may select a uniform license fee for a trader's license under Sec. 17-1807(b) of this subtitle by submitting its selection on a form provided by the Comptroller and the State Department of Assessments and Taxation.

(b) A selection by the governing body of a county or municipal corporation under this section is irrevocable.

#### Section 17-1807

(a)

  (1) Except as otherwise provided in this section, an applicant for a trader's license shall pay to the clerk a license fee.

  (2) If the applicant's business is located in a county or municipal corporation that selects a uniform license fee under Sec. 17-1806 of this subtitle, the applicant:

    (i) shall pay the license fee set forth in subsection (b) of this section; and

    (ii) if the county or municipal corporation in which the business is located provides a full tax exemption for commercial inventory, may not be required to submit a certification by the State Department of Assessments and Taxation of the value of the goods, fixtures, and stock-in-trade under Sec. 17-302 of this title.

  (3) If the applicant's business is located in a county or municipal corporation with a license fee based on the value of the applicant's stock-in-trade, the applicant shall pay the license fee under subsection (c) of this section.

(b)

  (1) This subsection applies only to a county or municipal corporation that selects a uniform license fee for a trader's license under Sec. 17-1806 of this subtitle.

  (2) In a county other than Baltimore City or Baltimore County, the license fee is $15.

  (3) In Baltimore City or Baltimore County, the license fee is $20.

(c)

  (1) This subsection applies only to a county or municipal corporation with a license fee based on the value of the applicant's stock-in-trade.

  (2) In a county other than Baltimore City or Baltimore County, the license fee is:

    (i) $15, if the value of the applicant's stock-in-trade is not more than $1,000;

    (ii) $18, if the value is more than $1,000 but not more than $1,500;

    (iii) $20, if the value is more than $1,500 but not more than $2,500;

    (iv) $25, if the value is more than $2,500 but not more than $4,000;

    (v) $30, if the value is more than $4,000 but not more than $6,000;

    (vi) $40, if the value is more than $6,000 but not more than $8,000;

    (vii) $50, if the value is more than $8,000 but not more than $10,000;

    (viii) $65, if the value is more than $10,000 but not more than $15,000;

    (ix) $80, if the value is more than $15,000 but not more than $20,000;

    (x) $100, if the value is more than $20,000 but not more than $30,000;

    (xi) $125, if the value is more than $30,000 but not more than $40,000;

    (xii) $150, if the value is more than $40,000 but not more than $50,000;

    (xiii) $200, if the value is more than $50,000 but not more than $75,000;

    (xiv) $250, if the value is more than $75,000 but not more than $100,000;

    (xv) $300, if the value is more than $100,000 but not more than $150,000;

    (xvi) $350, if the value is more than $150,000 but not more than $200,000;

    (xvii) $400, if the value is more than $200,000 but not more than $300,000;

    (xviii) $500, if the value is more than $300,000 but not more than $400,000;

    (xix) $600, if the value is more than $400,000 but not more than $500,000;

    (xx) $750, if the value is more than $500,000 but not more than $750,000; and

    (xxi) $800, if the value is more than $750,000.

  (3) In Baltimore City, the license fee is:

    (i) $20, if the value of the applicant's stock-in-trade is not more than $1,000;

    (ii) $40, if the value is more than $1,000 but not more than $5,000;

    (iii) $80, if the value is more than $5,000 but not more than $10,000;

    (iv) $160, if the value is more than $10,000 but not more than $50,000;

    (v) $375, if the value is more than $50,000 but not more than $100,000;

    (vi) $1,000, if the value is more than $100,000 but not more than $300,000;

    (vii) $1,500, if the value is more than $300,000 but not more than $750,000; and

    (viii) $2,125, if the value is more than $750,000.

  (4) In Baltimore County, the license fee is:

    (i) $20, if the value of the applicant's stock-in-trade is not more than $1,000;

    (ii) $40, if the value is more than $1,000 but not more than $5,000;

    (iii) $80, if the value is more than $5,000 but not more than $10,000;

    (iv) $160, if the value is more than $10,000 but not more than $50,000;

    (v) $375, if the value is more than $50,000 but not more than $100,000;

    (vi) $450, if the value is more than $100,000 but not more than $200,000;

    (vii) $500, if the value is more than $200,000 but not more than $300,000;

    (viii) $775, if the value is more than $300,000 but not more than $400,000;

    (ix) $1,000, if the value is more than $400,000 but not more than $500,000;

    (x) $1,250, if the value is more than $500,000 but not more than $750,000; and

    (xi) $1,600, if the value is more than $750,000.

(d)

  (1) This subsection does not apply to a domestic corporation that has shares subject to taxation under State law.

  (2) In determining the value of an applicant's stock-in-trade, the clerk shall accept as prima facie evidence the values shown on the certification of the State Department of Assessments and Taxation, or declaration of inventory from the applicant, as required by Sec. 17-302 of this title.

(e) A license fee shall be waived for:

  (1) a visually handicapped applicant who meets the standards of Sec. 17-1804(b)(1) of this subtitle; and

  (2) Blind Industries.

#### Section 17-1808

(a)

  (1) The clerk shall state on each trader's license the place where the licensee may do business as a trader.

  (2) A trader may keep a place of business only at the place stated on the trader's license.

(b) A trader's license issued to an exhibitor authorizes the holder to do business as an exhibitor at any show in the State.

(c) A trader's license issued to a peddler, as defined in Sec. 17-901 of this title, authorizes the holder of the trader's license to act as a peddler only in the county where the trader's license was issued.

#### Section 17-1809

(a)

  (1) If a trader disputes the value of the trader's stock-in-trade on which the license fee is based, the trader may submit in accordance with the Tax - Property Article an appeal to the State Department of Assessments and Taxation as to the value of the stock-in-trade.

  (2) To avoid being in default, the trader may pay the license fee and get a trader's license with the understanding that the trader will get a refund of any excess amount paid for the trader's license.

(b)

  (1) If the State Department of Assessments and Taxation reduces the value of the stock-in-trade, resulting in a lower license fee, the licensed trader may get a refund of any excess amount paid by submitting to the clerk who issued the trader's license:

    (i) a claim for the refund; and

    (ii) supporting evidence of the reduction from the State Department of Assessments and Taxation.

  (2) On approving the claim, the clerk shall pay the refund.

(c) If the clerk pays a refund, the clerk shall deduct the amount of the refund from the license fees distributed to the county or municipal corporation that receives the fee.

#### Section 17-1810

(a) Except as provided in subsection (b) of this section, a trader may transfer the trader's license to a person who:

  (1) buys the stock-in-trade of the trader; and

  (2) buys or rents the place of business of the trader.

(b)

  (1) A trader's license issued to a visually handicapped individual or Blind Industries is not transferable.

  (2) However, Blind Industries may change the manager of the place of business for which a trader's license was issued if the new manager has vision that meets the standard of Sec. 17-1804(b)(1) of this subtitle.

(c) Whenever a trader sells the trader's stock-in-trade and transfers the trader's license:

  (1) the transfer of the trader's license shall be reported to the clerk who issued the license; and

  (2) the clerk shall record the transfer of the trader's license.

(d)

  (1) In Baltimore County, the clerk may not issue a transferred trader's license without the approval of the zoning commissioner.

  (2) In Calvert County, the clerk may not issue a transferred trader's license unless the zoning requirements under Sec. 17-307 of this title are met.

(e) A person who buys a trader's license may do business as a trader for the rest of the term of the trader's license.

#### Section 17-1811

(a) A promoter may not allow an exhibitor to do business at a show unless, before the show, the exhibitor submits to the promoter:

  (1) a photocopy of the trader's license of the exhibitor; or

  (2) an exhibitor's affidavit in accordance with Sec. 17-1803(d)(2) or (3) of this subtitle.

(b) The exhibitor's affidavit or the photocopy of the trader's license shall be displayed conspicuously during the show.

(c) Within 7 days after a show ends, the promoter shall submit to the Comptroller the exhibitors' affidavits.

#### Section 17-1812

A person, including a licensed physician, who violates or conspires to violate any provision of this subtitle that relates to trader's licenses for visually handicapped individuals or Blind Industries is guilty of a misdemeanor and, on conviction, is subject to a fine not exceeding $1,000 or imprisonment not exceeding 6 months or both.

### Subtitle 19. Vending Machines

#### Section 17-1901

In this subtitle, "vending machine license" means a license issued by the clerk to sell goods or offer goods for sale through a vending machine.

#### Section 17-1902

This subtitle does not apply to: 

(1) the sale or offering for sale of newspapers, magazines, paper cups, paper or cloth towels, soap, toilet seat covers, postage stamps, or sanitary napkins;

(2) the sale or offering for sale of merchandise through a bulk vending machine as defined in Sec. 11-201.1 of the Tax - General Article; or

(3) the sale of tobacco products through a vending machine under Title 16, Subtitle 3A of this article.

#### Section 17-1903

Whenever a person sells goods or offers goods for sale through a vending machine in the State, the person must have a vending machine license that covers that machine.

#### Section 17-1904

(a) An applicant for a vending machine license shall pay to the clerk a license fee of $2.50 for each vending machine.

(b) All vending machine license fees collected under this section shall be paid to the Comptroller.

#### Section 17-1905

(a) The Comptroller shall print and deliver to the clerk a license sticker for each vending machine.

(b) The clerk shall give each vending machine licensee a license sticker for each vending machine.

(c)

  (1) Subject to regulations adopted by the Comptroller, the license sticker shall be attached to the vending machine so that the identification label is easily visible.

  (2) In addition, the name and telephone number of the vending machine licensee or owner of the vending machine shall be displayed on each vending machine so that the name and telephone number are easily visible.

(d)

  (1) If an inspector finds that a vending machine does not display the license sticker required by this section, the inspector promptly shall:

    (i) notify the vending machine licensee or owner in writing of the violation; and

    (ii) require that the vending machine licensee or owner display the license sticker properly within 10 days after receiving notice of the violation.

  (2) If the vending machine licensee or owner fails to display the license sticker properly within 10 days, the inspector shall:

    (i) seal the vending machine to prevent further use; and

    (ii) take necessary action to enforce the licensing provisions of this subtitle.

  (3) If neither the license sticker nor the name and telephone number of the vending machine licensee or owner are displayed properly, the inspector:

    (i) immediately shall seal the vending machine to prevent further use; and

    (ii) shall take necessary action to enforce this subtitle.

#### Section 17-1906

(a) A person may not sell goods or offer goods for sale through a vending machine in the State unless the person has a vending machine license that covers that machine.

(b) An unauthorized person may not remove or tamper with a license sticker or seal on a vending machine.

(c) A person who violates any provision of this subtitle is guilty of a misdemeanor and, on conviction, is subject to a fine not exceeding $100.

### Subtitle 20A. Transient Vendors

#### Section 17-20A-01

In this subtitle:

(1) "transient vendor" means a person who makes sales subject to the sales and use tax in the State from a motor vehicle or from a roadside or temporary location, excluding sales from a location that the vendor owns; and

(2) "transient vendor" does not include:

  (i) a person whose only activities in the State are the delivery of goods in interstate commerce into the State from outside the State pursuant to orders that were solicited or placed by mail or other means;

  (ii) a person who hand crafts items for sale at special events, including fairs, carnivals, art and craft shows, and other festivals and celebrations in the State;

  (iii) an exhibitor, within the meaning of Sec. 17-1801(d) of this title; or

  (iv) an individual who sells by catalogue, sample, or brochure for future delivery and who makes sales to the owner or legal occupant of the premises pursuant to the invitation of the owner or legal occupant of the premises.

#### Section 17-20A-02

(a)

  (1) Except as provided in Sec.Sec. 10-14A-03 and 10-14B-03 of the State Government Article, before conducting business in the State, a transient vendor shall obtain a transient vendor's license.

  (2) The Comptroller may not issue a transient vendor's license unless the transient vendor has a sales and use tax license and any necessary trader's license and has paid all State taxes.

  (3) An application for a transient vendor's license shall be in the form and contain the information that the Comptroller requires by regulation.

  (4) A license required under this section shall be valid for not more than 90 days.

  (5) The Comptroller may not renew a license required under this section unless the transient vendor has a sales and use tax license and any necessary trader's license and has paid all State taxes.

(b) A transient vendor shall display the transient vendor's license at each transient place of business.

(c) The transient vendor's license shall be on the form specified by the Comptroller.

#### Section 17-20A-03

(a) The Comptroller may provide by regulation or may order in an individual case that at least 10 days before entering the State to conduct business, a transient vendor shall notify the Comptroller, in writing, of the location or locations where it intends to conduct business and the date or dates on which it intends to conduct business.

(b) While conducting business in the State, a transient vendor shall permit the Comptroller to inspect:

  (1) its sales records, including sales receipts and inventory or price lists; and

  (2) the goods offered for sale.

(c) Subject to the hearing provisions of subsection (d) of this section, the Comptroller may suspend or revoke a license issued to a transient vendor under this subtitle if the transient vendor:

  (1) fails to notify the Comptroller as required under subsection (a) of this section;

  (2) provides false information to the Comptroller;

  (3) fails to collect the sales and use tax on all sales as required under Title 11 of the Tax - General Article; or

  (4) otherwise fails to comply with the provisions of the sales and use tax law or the provisions of this subtitle.

(d)

  (1) Except as otherwise provided in Sec. 10-226 of the State Government Article, before the Comptroller takes any final action under this section, the Comptroller shall give the person against whom the action is contemplated an opportunity for a hearing before the Comptroller.

  (2) The Comptroller shall give notice and hold the hearing in accordance with Title 10, Subtitle 2 of the State Government Article.

  (3) The Comptroller may administer oaths in a proceeding under this subsection.

  (4) If, after due notice, the person against whom the action is contemplated does not appear, nevertheless the Comptroller may hear and determine the matter.

#### Section 17-20A-04

(a)

  (1) Subject to the hearing provisions of subsection (b) of this section, if a transient vendor conducting business in the State fails to display a valid transient vendor's license, the Comptroller may order an immediate stop sale until a transient vendor's license is obtained or may order a law enforcement officer to seize the goods that the transient vendor is offering or has offered for sale.

  (2) Subject to the hearing provisions of subsection (b) of this section, if a transient vendor sells or offers to sell goods in the State without stating and charging the sales and use tax separately from the sale price as required under Title 11 of the Tax - General Article, the transient vendor's license is void and shall be seized by the law enforcement officer and returned to the Comptroller, and the provisions of paragraph (1) of this subsection apply.

(b)

  (1) The Comptroller may order summarily a stop sale or a seizure of the transient vendor's goods or license if the Comptroller:

    (i) finds that the public health, safety, or welfare requires emergency action; and

    (ii) promptly gives the licensee:

      (1) written notice of the stop sale or seizure, the finding, and the reasons that support the finding; and

      (2) an opportunity to be heard.

  (2)

    (i) If the Comptroller finds that emergency action is not necessary under paragraph (1) of this subsection, before the Comptroller takes any final action under subsection (a) of this section, the Comptroller shall give the person against whom the action is contemplated an opportunity for a hearing before the Comptroller.

    (ii) The Comptroller shall give notice and hold the hearing in accordance with Title 10, Subtitle 2 of the State Government Article.

    (iii) The Comptroller may administer oaths in a proceeding under this subsection.

    (iv) If, after due notice, the person against whom the action is contemplated does not appear, nevertheless the Comptroller may hear and determine the matter.

(c)

  (1) All property seized by a law enforcement officer under this section shall be deemed prima facie to be contraband of law.

  (2) All rights, title, and interest in the property seized shall vest immediately in and to the local government, if seized by a law enforcement official of a local government, or to the State, if seized by State authorities, and may not be returned to the vendor or any other person, except as provided in this section.

(d)

  (1) If the ultimate disposition of charges, in connection with which the property may have been seized, results in a record of conviction being entered against the vendor, the State Treasurer or the fiscal officer of the local government, within 90 days from the date of the record of the entry of conviction, unless the case is appealed, shall apply to the District Court or circuit court of the county for an order declaring and ordering that the property be forfeited to the sole use of the State or local government.

  (2) Before the court to which an application is directed shall proceed to order a forfeiture of the property to the State or local government, the court shall establish to its satisfaction that there is no pending and undetermined suit or proceeding that has been filed in a court of competent jurisdiction against the State or the local government seeking a return or recovery of the property held in custody.

  (3) All applications for the forfeiture of contraband shall be by petition.

  (4) A copy of the petition and show cause order shall be served in the first instance in accordance with the Maryland Rules.

(e)

  (1) On disposition of a charge resulting in acquittal, dismissal, a stet, a nolle prosequi, or probation under Sec. 6-220 of the Criminal Procedure Article, a vendor claiming that the seized property is not contraband of law under subsection (c) of this section and should be returned to the vendor may apply, within 1 year after the date the judgment or order was entered or the action was taken that constituted the disposition and on giving 10 days' prior written notice to the State Treasurer or appropriate local fiscal officer, to the appropriate court for a determination that the property is the property of the claimant and for an order that it be returned.

  (2) In a proceeding on that application, an acquittal, dismissal, or nolle prosequi with respect to any indictment involved in the seizure of the property is prima facie evidence that the property is not contraband.

  (3) A conviction, plea of guilty or of nolo contendere, or probation under the provisions of Sec. 6-220 of the Criminal Procedure Article is prima facie evidence that the property is contraband.

  (4) No presumption in the proceeding shall attach to an entry of stet.

  (5) If a petition is not timely and properly filed, or if it is finally decided against the claimant, the seized property shall be forfeited to the custodian without further judicial action.

  (6) Timely notice shall be given by certified mail or other appropriate means to any known claimants, at their last known address, of the requirements of this section for making claim for the return of the seized property or the seized property may not be forfeited as provided in paragraph (5) of this subsection.

(f) The provisions of this section shall be enforced by any State or local law enforcement officer.

#### Section 17-20A-05

A transient vendor who conducts business in the State without displaying a valid transient vendor's license is guilty of a misdemeanor and upon conviction is subject to a fine not to exceed $500 for each offense.

#### Section 17-20A-06

The requirements of this subtitle are in addition to and do not exempt or otherwise alter the obligations of a transient vendor under the requirements of:

(1) the sales and use tax law under Titles 11 and 13 of the Tax - General Article; and

(2) any other licensing or permit requirements under this title or under any other laws of the State or a subdivision of the State.

### Subtitle 21. General Prohibited Acts; Penalties

#### Section 17-2101

In this subtitle, "license" has the meaning stated in Sec.Sec. 17-101 and 17-201 of this title.

#### Section 17-2102

A person may not do any business in the State for which a license is required under this title unless the person has an appropriate license.

#### Section 17-2103

A person may not fail to display a license, license sticker, or metal tag as required by this title.

#### Section 17-2104

With the approval of the Comptroller or the Executive Director, as appropriate, the chief license inspector, an assistant license inspector, or an agent of the Field Enforcement Division of the Alcohol and Tobacco Commission shall begin proceedings to prosecute each person who:

(1) is required to get a license from a clerk under this title; but

(2) fails to get the license or to pay an adequate license fee.

#### Section 17-2105

In a prosecution for selling goods without an appropriate license, proof that the defendant displayed or offered the goods for sale or kept a place of business where the goods were displayed or offered for sale is prima facie evidence that the defendant sold goods.

#### Section 17-2106

(a) Except as otherwise specifically provided in this title, a person who violates this subtitle is guilty of a misdemeanor and, on conviction, is subject to a fine not exceeding $300 or imprisonment not exceeding 30 days.

(b) Each agent or officer of a corporation convicted of violating this subtitle who actually engaged in the unlicensed business is individually subject to the penalties provided by law.

(c) The penalty provided in this section does not affect any other penalty specifically provided by law for a violation of a license law.

### Subtitle 22

#### Section 17-2201

(a) In this subtitle the following words have the meanings indicated.

(b) "Independent agent" means a person that offers or undertakes to arrange for or provide the travel services specified in subsection (c)(1)(ii) of this section but does not:

  (1) receive money or other valuable consideration directly from the purchaser for the sale of travel services or from the ultimate travel supplier;

  (2) possess at any time any unissued ticket stock or travel document; or

  (3) have the ability to issue tickets, vacation certificates, or any other travel documents.

(c)

  (1) "Seller of travel" means a person that:

    (i) is located in the State or offers to sell travel services to a person located in the State;

    (ii) offers or undertakes to arrange or provide for:

      (1) travel reservations or accommodations;

      (2) tickets for travel by any mode of transportation;

      (3) hotel or motel accommodations;

      (4) car rentals; or

      (5) sightseeing tours; and

    (iii) receives valuable consideration directly from the purchaser for the sale of travel services or from the ultimate travel supplier.

  (2) "Seller of travel" does not include:

    (i) an air carrier;

    (ii) an ocean carrier; or

    (iii) a hotel, motel, person that rents or operates a short-term rental unit as defined in Sec. 11-101 of the Tax - General Article for a period of less than 30 consecutive days, short-term rental platform as defined in Sec. 11-101 of the Tax - General Article, or similar lodging establishment that, in the course of selling, providing, or arranging transient lodging accommodations and related services for its registered guests:

      (1) arranges or provides for transportation; and

      (2) does not directly or indirectly receive money or other valuable consideration for arranging or providing transportation.

#### Section 17-2202

(a)

  (1) Each seller of travel or independent agent shall file annually with the Department proof of professional liability and errors and omissions insurance in the amount of at least $1,000,000 as required by this subtitle.

  (2) Each seller of travel shall file annually with the Department a list of independent agents affiliated with the seller of travel.

  (3) The annual filing fee is $300.

(b) A person may not receive valuable consideration in payment for services offered for sale by a seller of travel or an independent agent unless, at the time of receiving the payment, the seller of travel or independent agent has met the annual filing requirements under subsection (a) of this section.

(c)

  (1) Except as otherwise provided by law, the Department shall pay all fees collected under this title to the Comptroller.

  (2) The Comptroller shall distribute the fees to the Sellers of Travel Services Registration Fund established in Sec. 2-106.17 of this article.

#### Section 17-2203

The Department shall:

(1) provide reasonable notice of the requirements of this subtitle to consumers and sellers of travel;

(2) enforce the provisions of this subtitle; and

(3) adopt regulations to carry out this subtitle, including regulations establishing requirements and procedures for the registration of sellers of travel and providing for the enforcement of this subtitle.

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Md. Code Ann., Bus. Reg. (as displayed at mgaleg.maryland.gov, October 16, 2026)