In this subtitle the following words have the meanings indicated. “Blind Industries” means Blind Industries and Services of Maryland. “Exhibitor” means a person who rents space from a promoter to display and sell goods at a show. “Licensed trader” means a trader who is licensed by the clerk under this subtitle. “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. “Promoter” means a person who rents space at a show to an exhibitor. “Show” includes an antique show, coin show, flea market, gun show, stamp show, and show of a temporary nature.

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

Except as otherwise provided in this subtitle or §§ 10–14A–03 and 10–14B–03 of the State Government Article, a person must have a trader’s license whenever the person: does business as a trader in the State; or does business as an exhibitor in the State. A separate trader’s license is required for each store or place of business that a person operates in the State. A separate trader’s license is required for each mobile place of business that operates exclusively in one fixed location in the State. 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. This section does not apply to: a grower, maker, or manufacturer of goods; 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; 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 a restaurant licensed under Subtitle 16 of this title that generates 10% or less of its annual sales from nonfood items. An exhibitor need not get a trader’s license for a show if the show is promoted by: a church, as defined in § 5–301(b) of the Corporations and Associations Article; a governmental unit; an amateur radio organization; an antique vehicle, machine, and equipment organization; a volunteer fire department or rescue squad; or a model train collectors’ association. 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: 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 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 § 501(c)(3) of the Internal Revenue Code, during the previous 365 days. 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: will display and sell at the show; 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 has not participated in more than three antique shows, coin shows, or collector shows in the State during the previous 365 days. 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.

An applicant for a trader’s license shall state in the application the place where the applicant will do business as a trader. An applicant for a trader’s license may apply under this subsection if the applicant has a defect in vision such that: visual acuity in the applicant’s better eye does not exceed 20/140 with correcting lenses; or the widest diameter of the applicant’s visual field subtends an angle not exceeding 20 degrees. An applicant for a trader’s license under this subsection shall submit to the clerk: 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 an affidavit that the applicant is the owner of the place of business listed in the application. 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: Blind Industries operates the business listed in the application; and the manager of the business has vision that meets the standard of paragraph (1) of this subsection.

In Baltimore County, the clerk may not issue a trader’s license for the first time without the approval of the zoning commissioner. 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. 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. 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. 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. The clerk shall indicate on each trader’s license the place where the licensed trader may do business as a trader. This subsection does not apply to a county or municipal corporation that selects a uniform license fee under § 17–1806 of this subtitle. 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 § 17–1804 of this subtitle regarding the place where the applicant will do business as a trader.

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

Except as otherwise provided in this section, an applicant for a trader’s license shall pay to the clerk a license fee. If the applicant’s business is located in a county or municipal corporation that selects a uniform license fee under § 17–1806 of this subtitle, the applicant: shall pay the license fee set forth in subsection (b) of this section; and 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 § 17–302 of this title. 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. This subsection applies only to a county or municipal corporation that selects a uniform license fee for a trader’s license under § 17–1806 of this subtitle. In a county other than Baltimore City or Baltimore County, the license fee is $15. In Baltimore City or Baltimore County, the license fee is $20. 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. In a county other than Baltimore City or Baltimore County, the license fee is: $15, if the value of the applicant’s stock–in–trade is not more than $1,000; $18, if the value is more than $1,000 but not more than $1,500; $20, if the value is more than $1,500 but not more than $2,500; $25, if the value is more than $2,500 but not more than $4,000; $30, if the value is more than $4,000 but not more than $6,000; $40, if the value is more than $6,000 but not more than $8,000; $50, if the value is more than $8,000 but not more than $10,000; $65, if the value is more than $10,000 but not more than $15,000; $80, if the value is more than $15,000 but not more than $20,000; $100, if the value is more than $20,000 but not more than $30,000; $125, if the value is more than $30,000 but not more than $40,000; $150, if the value is more than $40,000 but not more than $50,000; $200, if the value is more than $50,000 but not more than $75,000; $250, if the value is more than $75,000 but not more than $100,000; $300, if the value is more than $100,000 but not more than $150,000; $350, if the value is more than $150,000 but not more than $200,000; $400, if the value is more than $200,000 but not more than $300,000; $500, if the value is more than $300,000 but not more than $400,000; $600, if the value is more than $400,000 but not more than $500,000; $750, if the value is more than $500,000 but not more than $750,000; and $800, if the value is more than $750,000. In Baltimore City, the license fee is: $20, if the value of the applicant’s stock–in–trade is not more than $1,000; $40, if the value is more than $1,000 but not more than $5,000; $80, if the value is more than $5,000 but not more than $10,000; $160, if the value is more than $10,000 but not more than $50,000; $375, if the value is more than $50,000 but not more than $100,000; $1,000, if the value is more than $100,000 but not more than $300,000; $1,500, if the value is more than $300,000 but not more than $750,000; and $2,125, if the value is more than $750,000. In Baltimore County, the license fee is: $20, if the value of the applicant’s stock–in–trade is not more than $1,000; $40, if the value is more than $1,000 but not more than $5,000; $80, if the value is more than $5,000 but not more than $10,000; $160, if the value is more than $10,000 but not more than $50,000; $375, if the value is more than $50,000 but not more than $100,000; $450, if the value is more than $100,000 but not more than $200,000; $500, if the value is more than $200,000 but not more than $300,000; $775, if the value is more than $300,000 but not more than $400,000; $1,000, if the value is more than $400,000 but not more than $500,000; $1,250, if the value is more than $500,000 but not more than $750,000; and $1,600, if the value is more than $750,000. This subsection does not apply to a domestic corporation that has shares subject to taxation under State law. 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 § 17–302 of this title. A license fee shall be waived for: a visually handicapped applicant who meets the standards of § 17–1804(b)(1) of this subtitle; and Blind Industries.

The clerk shall state on each trader’s license the place where the licensee may do business as a trader. A trader may keep a place of business only at the place stated on the trader’s license. A trader’s license issued to an exhibitor authorizes the holder to do business as an exhibitor at any show in the State. A trader’s license issued to a peddler, as defined in § 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.

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. 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. 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: a claim for the refund; and supporting evidence of the reduction from the State Department of Assessments and Taxation. On approving the claim, the clerk shall pay the refund. 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.

Except as provided in subsection (b) of this section, a trader may transfer the trader’s license to a person who: buys the stock–in–trade of the trader; and buys or rents the place of business of the trader. A trader’s license issued to a visually handicapped individual or Blind Industries is not transferable. 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 § 17–1804(b)(1) of this subtitle. Whenever a trader sells the trader’s stock–in–trade and transfers the trader’s license: the transfer of the trader’s license shall be reported to the clerk who issued the license; and the clerk shall record the transfer of the trader’s license. In Baltimore County, the clerk may not issue a transferred trader’s license without the approval of the zoning commissioner. In Calvert County, the clerk may not issue a transferred trader’s license unless the zoning requirements under § 17–307 of this title are met. 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.

A promoter may not allow an exhibitor to do business at a show unless, before the show, the exhibitor submits to the promoter: a photocopy of the trader’s license of the exhibitor; or an exhibitor’s affidavit in accordance with § 17–1803(d)(2) or (3) of this subtitle. The exhibitor’s affidavit or the photocopy of the trader’s license shall be displayed conspicuously during the show. Within 7 days after a show ends, the promoter shall submit to the Comptroller the exhibitors’ affidavits.

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.