In this Chapter, the following words have the meanings indicated:
Director means the Director of the Department of Permitting Services or the Director’s designee.
Food service truck means a temporary food service facility, licensed under Chapter 15, operating from a self-propelled motorized vehicle that is parked or temporarily located where food items are sold from the truck to the general public.
Vendor means any person who sells, offers to sell, or solicits orders for any goods (including perishable foods) or services:
(1) on any public street, sidewalk, or other public property or right-of-way;
(2) door-to-door in a vehicle or on foot;
(3) from a vehicle, or temporary stand or structure, that is parked or otherwise temporarily located while goods are sold or services dispensed; or
(4) from a pushcart or other slow-moving vehicle.
Vendor does not include a person who:
(1) 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;
(2) takes orders solely for the delivery of newspapers, or supplies or sells newspapers through newsracks;
(3) is 16 years old or younger if the minor:
(A) is under the direct supervision of a vendor licensed under this Chapter; and
(B) complies with the non-licensing provisions of this Chapter;
(4) sells or solicits orders for goods or services to businesses for use in the business or for resale;
(5) is a participant in not more than 4 “garage” type sales in a calendar year;
(6) 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;
(7) represents a:
(A) charitable organization as defined in State law (Business Regulation Article, Section 6-101);
(B) state or local government agency; or
(C) franchisee under Chapter 8A; or
(8) 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; 2015 L.M.C., ch. 47, § 1; 2021 L.M.C., ch. 18, §4.)
(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 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 other than a vendor operating a food service truck 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) A vendor operating a food service truck must not conduct business before 5 a.m. nor after 10 p.m.
(f) 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; 2008 L.M.C., ch. 5, § 1; 2015 L.M.C., ch. 47, § 1.)
Editor’s note—2008 L.M.C., ch. 5, § 3, states: Sec. 3. Any regulation in effect when this Act takes effect that implements a function transferred to another Department or Office under Section 1 of this Act continues in effect, but any reference in any regulation to the Department from which the function was transferred must be treated as referring to the Department to which the function is transferred. The transfer of a function under this Act does not affect any right of a party to any legal proceeding begun before this Act took effect.
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.)
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