# COMAR Title 11 — Department of Transportation

## Subtitle 04 — State Highway Administration

### Chapter 16 — Mobile Seafood and Produce Vendors

**Authority:** Transportation Article, §24-303(c), Annotated Code of Maryland

**Administrative History:** Effective date: April 18, 2011 (38:8 Md. R. 506)

#### Regulation .01 Definitions.

*COMAR 11.04.16.01*

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

  (1) “Administration” means the State Highway Administration.

  (2) “District” means one of the Administration’s seven operational offices located throughout the State.

  (3) “Established place of business” means any permanent building or structure from which a permanent business is conducted during normal business hours throughout the year.

  (4) “Mobile seafood or produce vendor” means a person who sells or offers for sale any seafood or produce:

    (a) While on foot;

    (b) From any vehicle or conveyance, whether or not the vehicle or conveyance is in operating condition; or

    (c) From any tent, temporary stand, roadside stand, roadside market, or other quarters that is not an established place of business.

  (5) “Produce” means any fruit or vegetable product of the soil that is intended for human consumption.

  (6) “Produce” does not include a canned, frozen, dried, or pickled product.

  (7) “Right–of–way” means any highway area or highway structure and any property adjacent to a highway acquired for the operation or use of the highway.

  (8) “Seafood” means any finfish, crustacean, or mollusk, live or dead, or any part, egg, offspring, or body of any finfish, crustacean, or mollusk, that is intended for human consumption.

  (9) “State highway” means any public highway owned by this State.

#### Regulation .02 Authorization and Site Qualifications.

*COMAR 11.04.16.02*

A. A mobile seafood or produce vendor may not be located within the right-of-way of any State highway, unless the mobile seafood or produce vendor has a lease from the Administration.

B. The Administration may not enter into a lease with a mobile seafood or produce vendor until:

  (1) The mobile seafood or produce vendor has:

    (a) Submitted a lease application to the appropriate District; and

    (b) Paid in full all necessary application fees;

  (2) The Administration has approved the lease application; and

  (3) The Federal Highway Administration has approved the lease application for highways for which its approval is required.

#### Regulation .03 Application for Vendor Lease.

*COMAR 11.04.16.03*

A. An applicant for a mobile seafood or produce vendor lease shall submit an application in writing to the appropriate District. The addresses and phone numbers for the Districts may be found on the Administration’s website at www.roads.maryland.gov.

B. The applicant shall submit a non-refundable application fee that is determined by the Administration.

C. The Administration shall determine the period of time prior to the anticipated date of operations that an application is due.

D. The application shall include the following information:

  (1) The mobile seafood or produce vendor’s name, contact information, tax ID and/or business ID number and the products to be offered for sale;

  (2) A vicinity map showing the location of the proposed site;

  (3) A detailed sketch showing the layout of the proposed site;

  (4) A copy or verification of the County permit allowing the mobile seafood or produce vendor to operate within the jurisdiction;

  (5) Proof of insurance in the amount of $1 million for each incident;

  (6) Proof of a surety bond or other documentation acceptable to Administration in the amount of $5,000 that allows the Administration to recoup any costs associated with damages to the site; and

  (7) Anticipated hours of operation within limits established by the Administration.

E. The Administration may not approve a lease application for a mobile seafood or produce vendor site that:

  (1) Is located:

    (a) On a highway with a posted speed limit of more than 45 miles per hour;

    (b) On a highway with a posted speed limit of more than 35 miles per hour unless there is identified parking off the roadway and shoulder;

    (c) On a controlled-access or partially controlled-access highway;

    (d) On an Interstate highway; or

    (e) On any bridge or overpass;

  (2) Reduces sight distance along the highway; or

  (3) Creates an unsafe condition as determined by the Administration.

#### Regulation .04 Vendor Lease.

*COMAR 11.04.16.04*

A. A mobile seafood or produce vendor lease shall be developed by the Administration.

B. The earliest effective date of a lease shall be May 1 of each year and, subject to §C of this regulation, may be renewed monthly for the length of the produce or seafood season.

C. No lease shall extend past November 30 of each year.

D. A mobile seafood or produce vendor lease shall require rent based on the fair-market value of the property on which the mobile seafood or produce vendor is located.

E. The Administration may terminate a lease immediately for any of the following reasons:

  (1) Failure to comply with federal, State, or local laws;

  (2) Failure to pay rent as indicated in the lease;

  (3) Emergency or unforeseen roadway maintenance, construction, drainage or other work serving a public interest, as determined by the Administration, is needed;

  (4) A substantial change in the characteristics of traffic in the vicinity of the site;

  (5) Failure to submit to routine inspections or comply with findings of inspections;

  (6) Failure to control litter or debris; or

  (7) Failure to maintain site distance requirements.

#### Regulation .05 Inspections.

*COMAR 11.04.16.05*

A. Routine inspections may be conducted at any time by the Administration, a law enforcement agency, or a local health or labor agency.

B. If, for any reason, a routine inspection cites a mobile seafood or produce vendor with a violation of law or with noncompliance under the lease, the mobile seafood or produce vendor shall address all issues within one week or the lease shall be terminated.

#### Regulation .06 Enforcement.

*COMAR 11.04.16.06*

Enforcement of this chapter shall be conducted as specified under Transportation Article, §24-304, Annotated Code of Maryland.