In this Chapter, the following words have the meanings indicated:
(a) Director means the Director of the Department of Permitting Services or the Director's designee.
(b) (1) Vendor means any person who sells, offers to sell, or solicits orders for any goods (including perishable foods) or services:
(A) on any public street, sidewalk, or other public property or right-of-way;
(B) door-to-door in a vehicle or on foot;
(C) from a vehicle, or temporary stand or structure, that is parked or otherwise temporarily located while goods are sold or services dispensed; or
(D) from a pushcart or other slow-moving vehicle.
(2) Vendor does not include a person who:
(A) is invited to a residence or business by prior appointment with an owner or legal occupant of the premises to provide goods or services to the owner or legal occupant;
(B) takes orders solely for the delivery of newspapers, or supplies or sells newspapers through newsracks;
(C) is 16 years old or younger if the minor:
(i) is under the direct supervision of a vendor licensed under this Chapter; and
(ii) complies with the non-licensing provisions of this Chapter;
(D) sells or solicits orders for goods or services to businesses for use in the business or for resale;
(E) is a participant in not more than 4 "garage" type sales in a calendar year;
(F) sells or offers to sell goods or services at an agricultural fair, craft or antique show, trade show, or similar exhibition if the sponsor of the show is licensed under this Chapter;
(G) represents a:
(i) charitable organization as defined in State law (Business Regulation Article, Section 6-101);
(ii) state or local government agency; or
(iii) franchisee under Chapter 8A; or
(H) is participating in a government-sponsored or sanctioned program or event. (1995 L.M.C., ch. 5, § 2; 1996 L.M.C., ch. 20, § 1; 1998 L.M.C., ch. 12, § 1; 2001 L.M.C., ch. 14 , § 1; 2002 L.M.C., ch. 16, § 2; 2004 L.M.C., ch. 31 , § 1.)
(a) Unless otherwise permitted by law, a person must not sell or offer to sell any goods or services on any public sidewalk or the right-of-way of any public road.
(b) The Director may issue licenses for a limited number of stationary or slow-moving pushcarts or similar vehicles, not larger than a size set by regulation, from which a licensee may sell goods on designated sidewalks or rights-of-way in a Central Business District planning policy area (as defined in the County Growth Policy). The Director by regulation under method (2) must limit the number of vehicles licensed in each Central Business District and the number of licensees who can sell any particular type of goods. If more persons apply for any category of licenses under this subsection than the number available, the Director must first consider renewing each previous licensee and then conduct a lottery among qualified applicants for the remaining licenses. A licensee under this subsection may locate on a public right-of-way only if the Director of Public Works and Transportation concurs that the licensee's operation at that location will not unduly affect vehicular or pedestrian safety.
(c) A vendor who is a certified producer under standards set by regulation under method (2) may sell fresh produce on the right-of-way of any public road in locations and at times of the day that will not affect public safety. In this Section, "fresh produce" means:
(1) regionally grown fresh fruit, vegetables, herbs, cut flowers, small trees, and plants; and
(2) non-potentially hazardous prepackaged goods and eggs approved by the Department of Health and Human Services.
(d) Except for a prearranged appointment or with the Director's approval, a vendor must not conduct business before 9 a.m. nor after sunset. In this Section, "sunset" means the time established by the U.S. Naval Observatory for Washington D.C. and vicinity.
(e) Unless permitted by the Director and the school principal for a special event, a vendor must not sell or offer to sell any item on a public road or right-of-way within 500 feet of any public or private elementary or secondary school. (1995 L.M.C., ch. 5, § 2; 1996 L.M.C., ch. 26, § 1; 2004 L.M.C., ch. 31 , § 1.)
Any vendor must obtain a license from the Director by:
(a) completing a form supplied by the Director;
(b) providing written permission from the owner or owner's agent of any private property on which a vendor will be temporarily located while goods are sold or services dispensed;
(c) filing a surety bond if required by the Director in an amount and with terms as provided in regulation under method (2); and
(d) paying a fee in an amount set by regulation under method (2) sufficient to offset the cost of enforcing and administering this Chapter. (1995 L.M.C., ch. 5, § 2.)
The Director must issue a one-year license to an applicant who has complied with all application requirements and paid all applicable fees. The Director may limit any license to vend in the public right-of-way or on private property in any manner provided under law or regulation. (1995 L.M.C., ch. 5, § 2.)
(a) A vendor must display a current license and other documents required by the Director prominently:
(1) at each vending location;
(2) on any vehicle used in vending; or
(3) on the vendor's person while engaged in any vending activity.
(b) A person must not:
(1) make any unauthorized use of a vendor's license; or
(2) commit any fraud or misrepresentation involving use of the license. (1995 L.M.C., ch. 5, § 2.)
(a) The Director may revoke or suspend, or refuse to issue or renew, a license for any violation of this Chapter or any other applicable law or regulation. Before taking any action under this subsection, the Director must:
(1) notify the licensee in writing as required by subsection (c); and
(2) give the licensee a reasonable opportunity to respond.
(b) The Director may summarily revoke or suspend a license after finding that the licensee:
(1) has knowingly misstated or omitted a material fact from the submitted application;
(2) has had a business or occupational license or permit revoked or suspended;
(3) is not of good moral character, as evidenced by a conviction of a crime involving violence, sex offense, theft, fraud, or controlled dangerous substances, unless the person's conduct since the conviction shows that the public safety is unlikely to be jeopardized; or
(4) has refused to leave any premises when lawfully directed by an owner, occupant, or authorized government official to do so.
(c) The Director must provide written notice to the applicant or licensee of any action taken or proposed to be taken under subsection (a) or (b). The notice must:
(1) state the:
(A) reasons for the action; and
(B) recipient's right to appeal to the Board of Appeals; and
(2) be delivered:
(A) personally to the applicant or licensee; or
(B) sent by certified mail to the local address in the license application.
(d) The Director may suspend a license for up to 90 days.
(e) The licensee must promptly return a revoked or suspended license, including any badge, to the Director. If the licensee does not return the license, the Police Department may confiscate the license while any appeal is pending. (1995 L.M.C., ch. 5, § 2; 2004 L.M.C., ch. 31 , § 1.)
(a) A person aggrieved by an action of the Director under Section 47-6 may appeal to the Board of Appeals within 10 days after the date of notice of the Director's action under Section 47-6.
(b) The filing of an appeal stays any license suspension, but does not stay a license denial or revocation unless the Board of Appeals grants a stay.
(c) The Board of Appeals may affirm, modify, or reverse the decision of the Director. (1995 L.M.C., ch. 5, § 2.)
Any violation of this Chapter is a class A violation. (1995 L.M.C., ch. 5, § 2.)
(a) The Department of Permitting Services, the Police Department, and any other agency of County government designated by the Chief Administrative Officer, may enforce this Chapter.
(b) If, after receiving a warning from an enforcement agency, a person continues to sell or offer to sell any goods in violation of this Chapter, the enforcing agency may seize the goods and take them to a designated County storage facility. When giving a warning under this Section, an enforcing agent may require the recipient of the warning to furnish adequate personal identification. When seizing any goods, the enforcing agent must inform the holder of the goods how, where, and when the goods can be claimed.
(c) The owner of any goods seized under this Section may claim them within 3 days if the goods are perishable, and within 15 days if the goods are not perishable, by:
(1) furnishing proof of ownership of the goods to the enforcing agency at the storage facility, and
(2) paying a storage fee set by regulation under method (3) in an amount sufficient to reimburse the cost to the County of handling, transporting, and storing the goods.
(d) Alternatively, the County must return the goods without payment of a storage fee if the owner, during the time period provided in subsection (c), furnishes proof of ownership of the goods and shows that:
(1) the goods were properly offered for sale at the site where they were seized; and
(2) when the goods were seized the owner held a valid license to sell the goods under this Chapter.
(e) However, the County may retain the goods if they will be needed as evidence in any hearing on an alleged violation of this Chapter involving the sale or attempted sale of the goods. In that case, the owner may reclaim the seized goods by paying the maximum fine which applies to the alleged violation and any storage fee due.
(f) Until goods seized under this Section are claimed by their owner, the County must take reasonable care to protect the goods and keep them in the same condition as they were when seized. However, the County is not responsible for spoilage of any perishable goods.
(g) If goods seized under this Section are not claimed under subsection (c) or returned under subsection (d), the goods have been abandoned and the County may:
(1) sell them to any government agency or private party through an informal process specified by regulation under method (2);
(2) donate the goods to any charitable organization; or
(3) destroy the goods in any lawful manner.
(h) The owner of any goods seized under this Section must not attempt to collect any payment for the goods from the person from whom the goods were seized unless the owner had, before the goods were seized, reported the goods as stolen to any law enforcement agency. ( 2000 L.M.C., ch. 18 , § 1.)
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