In this part, “transient vendor” means a person who: engages in a business of selling or soliciting orders for the sale of goods; is located in one location or travels from place to place; intends to continue the business in the county for 1 year or less; and for the purpose of conducting the business, rents, uses, or occupies: a building or part of a building; a street, an alley, a road, a park, or any other lot or parcel of land; or an automobile, a truck, a boat, a cart, or any other motor or nonmotorized vehicle.

This part applies only in: Carroll County; Frederick County; and Washington County.

This part applies to a transient vendor and the principal or agent of a transient vendor. This part does not apply to: an auctioneer or any other traveler or selling agent in the usual course of business; the mere solicitation of orders for the future delivery of goods in interstate commerce; the sale of goods exhibited on grounds used by an agricultural society for the annual fair of that agricultural society; a sale by any nonprofit organization or society for a charitable, religious, or other public purpose; an exhibitor that is the sole producer of the products sold at: a convention of a religious, civic, or charitable group; or a nonprofit trade association, concert, cultural event, art and craft show, sale, exhibition, or fair; a sale by a farmer or a farmer’s agent of produce from a truck or stand owned or leased by the farmer; a show, a sale, an exhibition, or a fair conducted in the central pedestrian area of an enclosed shopping mall; or a sale by a seller at a residence in accordance with an invitation by the owner or legal occupant of the residence. This part does not apply to a show, a sale, an exhibition, or a fair in Washington County: that is conducted in the central pedestrian area of a nonenclosed commercial complex that: is located on one parcel of land; and contains at least 450,000 square feet of floor space and at least 100 retail establishments; that complies with all applicable codes and ordinances; and for which all applicable permits have been obtained.

The governing body of a county may license and regulate transient vendors in the county.

A promoter, a sponsor, or any other person who organizes a convention, show, or sale that includes at least 10 transient vendors shall pay a license fee and obtain a license in accordance with this part. A transient vendor who participates in a convention, show, or sale licensed under this section is not required to obtain a separate transient vendor license.

At least 30 days before the date of intended sale in a county, a transient vendor shall submit to the governing body of the county a verified, written application that contains: the name and address of the applicant and the owner of the goods to be sold or exhibited for sale; the name and address of the employer of the applicant or persons with whom the applicant is associated and the length of the employment or association; a description of the nature and place of the applicant’s employment during the preceding 12 months; an estimate of the length of time that and exact location where the applicant will pursue the activities regulated under this part; and if a fixed site is occupied, the address of the property owner of the site; the names and addresses of at least three individuals who: have known the applicant for at least 1 year; and will verify the facts contained in the application; the applicant’s Maryland sales and use tax number; the address of any permanent place of business of the applicant in the State; or a copy of the certificate from the State Department of Assessments and Taxation stating that the applicant has qualified to do business in the State and the name and address of the applicant’s agent; proof that the applicant: is qualified to do business in the State and the county; and has obtained all necessary permits and licenses from the State and the county for the operation of the business; a description of the nature of the business and the goods intended for sale or the catalog from which goods can be ordered; a description and motor vehicle registration plate number of any vehicle used in connection with the applicant’s activities; a statement as to whether the applicant has ever been convicted of a felony or a misdemeanor and, if so, a statement as to: the nature of the offense; when and where the applicant was convicted; and the penalty imposed; a description of the place where the goods are manufactured, the location of the goods at the time of the filing of the application, and the proposed method of delivery of the goods; and any additional information that the governing body requires.

An applicant for a transient vendor license shall execute and file a bond with the governing body of the county in the amount of $10,000. The bond shall be issued by a surety: authorized to do business in the State; and approved by the governing body. The bond shall be payable to the extent of any taxes, fees, or fines. The surety shall indemnify a purchaser who suffers a loss because of defective goods or misrepresentation. The bond shall provide that the governing body of a county may file suit against the licensee or the surety for taxes, fees, or fines due from the licensee that are not paid within 30 days after the termination of: a sale authorized under this part; or the transient vendor license. The bond shall provide that a purchaser at a sale may maintain an action for claims arising from the sale against a licensee or the surety. The bond shall continue in effect for at least 1 year after the termination of the transient vendor license expires and until: all actions are concluded and judgments have been satisfied; or the amount of the bond has been exhausted by payments on judgments. The bond shall be in addition to any deposit, license fee, permit fee, or other requirement under county law.

The governing body of a county shall verify the statements made by the applicant in the application for the transient vendor license. If the application contains a false statement, the governing body may deny the license. If the license is denied, the governing body shall refund the license fee, less administrative costs. The governing body of a county shall issue a transient vendor license within 20 days after the application is filed if: the governing body approves the application and surety bond; and the license fee is paid. The license shall: be effective for the duration and term applied for in the application not to exceed a period of 1 year; and terminate automatically.

Subject to paragraph (2) of this subsection, a transient vendor shall pay the following license fee to a county before beginning business in the county: a minimum of $1,000, which shall cover a period of up to 1 month from the date the transient vendor actually obtains the license and may legally proceed with business; and $500 for each additional month or portion of a month. The license fee payable under this section may not exceed $3,500. The applicant for a transient vendor license shall deposit with the county cash in an amount equal to the full amount of the applicable license fee based on the estimated time that the license will be required.

Before conducting business in a county, a transient vendor shall obtain a transient vendor license required under this part. This part does not exempt a transient vendor from obtaining any other license or permit from: the United States; the State; the county; any municipality in Frederick County; or the City of Hagerstown. This part does not exempt a transient vendor from liability, tax liability, or any other regulations that may be applicable in: the United States; the State; the county; any municipality in Frederick County; or the City of Hagerstown. Unless otherwise allowed by law, a transient vendor may not sell goods on Sunday. A person who engages in business as a transient vendor in violation of this part is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 1 year or a fine not exceeding $2,500 or both.

In Carroll County, in a proceeding to prosecute a violation of this part or to enforce the provisions of this part, there is a presumption that a person conducting a business intends to continue the business for no more than 1 year if the business is not open for business at least 5 days each week and at least 50 weeks each year. Law enforcement personnel from the State, a county, a municipality in Carroll County or Frederick County, or the City of Hagerstown may enforce compliance with the provisions of this part within their respective jurisdictions.

The County Commissioners of Carroll County may adopt regulations to: implement this part; protect against persons who attempt to avoid the requirements of this part or any other law or regulation relating to transient vendors; require persons engaging in business to prove that they are not transient vendors; or require a person engaging in business to post the bond or other security required by this part until the person has engaged in business for 1 year and has paid all taxes due as a result of engaging in that business.

This section applies to all counties except: Anne Arundel County; Baltimore City; Baltimore County; Cecil County; Howard County; Prince George’s County; Queen Anne’s County; and Worcester County. The provisions of §§ 9–105 and 9–106 of this article apply to an act, an ordinance, or a resolution adopted by a commission county under this section. The governing body of a county may license and regulate a person who conducts the business of or acts as an itinerant or door–to–door peddler or salesman of goods or subscriptions for magazines and other periodical publications, either by sample or otherwise. The County Commissioners of Carroll County may license and regulate a person who engages in business for less than 1 year at any single location.