EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*sb0496*
SENATE BILL 496
C2, L6 2lr0986
By: Senator Beidle
Introduced and read first time: January 27, 2022
Assigned to: Finance
A BILL ENTITLED
AN ACT concerning 1
Business Regulation – Miscellaneous State Business Licenses – Alterations 2
FOR the purpose of altering certain administrative and enforcement provisions for business 3
licenses issued in the State; altering certain licensing provisions for certain 4
businesses in the State, including construction, garages, peddlers, junk dealers and 5
scrap metal processors, laundries and dry cleaners, storage warehouses, restaurants, 6
chain stores, traders, and vending machines; repealing the provisions of law for the 7
licensure of amusement devices, wholesale farm machinery dealers, plumbers and 8
gas fitters, and trading stamp issuers; and generally relating to the issuance of 9
business licenses in the State. 10
BY repealing 11
Article – Business Regulation 12
Section 17–203 through 17–205; 17–401 through 17–454 and the subtitle “Subtitle 13
4. Amusement Devices”; 17–701 through 17–703 and the subtitle “Subtitle 7. 14
Wholesale Farm Machinery Dealers”; 17–904, 17–910, 17–913, and 17–915; 15
the part designation “Part I. Definitions” immediately preceding Section 16
17–1001; 17–1005 and the part “Part II. State Licensing”; 17–1009; 17–1501 17
through 17–1504 and the subtitle “Subtitle 15. Plumbers and Gas Fitters”; 18
17–1803, 17–1805, 17–1809, 17–1810, 17–1815; 17–1907; and 17–2001 19
through 17–2003 and the subtitle “Subtitle 20. Trading Stamp Issuers” 20
Annotated Code of Maryland 21
(2015 Replacement Volume and 2021 Supplement) 22
BY repealing and reenacting, with amendments, 23
Article – Business Regulation 24
Section 17–101, 17–102, 17–201, 17–202(e), 17–206, 17–301, 17–302, 17–303(c), 25
17–305(a), 17–601, 17–602, 17–603, 17–801, 17–901, 17–907, 26
17–908, 17–911, 17–912, 17–1001, 17–1006, 17–1007, 17–1008, 17–1010, 27
17–1011, 17–1012, 17–1013, 17–1101, 17–1102, 17–1201 through 17–1204, 28
17–1601, and 17–1603; 17–1801, 17–1804, 17–1806, 17–1807, 17–1807.1, 29 2 SENATE BILL 496
17–1808, 17–1811, 17–1812, 17–1813, 17–1814, and 17–1816 to be under the 1
amended subtitle “Subtitle 18. Traders”; and 17–1902, 17–1904, 17–1905, 2
17–1906, 17–2101, and 17–2103 3
Annotated Code of Maryland 4
(2015 Replacement Volume and 2021 Supplement) 5
BY adding to 6
Article – Business Regulation 7
Section 17–202(e) and 17–303(d); and 17–17A–01 through 17–17A–04 to be under 8
the new subtitle “Subtitle 17A. Chain Stores” 9
Annotated Code of Maryland 10
(2015 Replacement Volume and 2021 Supplement) 11
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 12
That Section(s) 17–401 through 17–454 and the subtitle “Subtitle 4. Amusement Devices”; 13
17–701 through 17–703 and the subtitle “Subtitle 7. Wholesale Farm Machinery Dealers”; 14
17–1501 through 17–1504 and the subtitle “Subtitle 15. Plumbers and Gas Fitters”; and 15
17–2001 through 17–2003 and the subtitle “Subtitle 20. Trading Stamp Issuers” of Article 16
– Business Regulation of the Annotated Code of Maryland be repealed. 17
SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 18
as follows: 19
Article – Business Regulation 20
Subtitle 1. Definitions; General Provisions. 21
17–101. 22
(a) In this title the following words have the meanings indicated. 23
(b) “Goods” means tangible personal property , ITEMS OF TRADE , 24
MERCHANDISE , OR OTHER TYPES OF PR ODUCTS SOLD AT WHOLE SALE OR RETAIL . 25
(C) “LICENSE” MEANS A LICENSE ISSU ED UNDER THIS TITLE . 26
[(c)] (D) (1) “Sale” [includes barter] MEANS THE EXCHANGE O R 27
TRANSFER, OR THE AGREEMENT TO CHANGE OR TRANSFER , TITLE OR POSSESSION 28
OF GOODS IN ANY MA NNER FOR CONSIDERATI ON. 29
(2) “SALE” INCLUDES BARTER . 30
[(d)] (E) “Sell” includes barter. 31
(F) “STOCK–IN–TRADE” MEANS: 32
SENATE BILL 496 3
(1) GOODS HELD FOR SALE AND REPORTED AS INVE NTORY ON THE 1
BUSINESS PERSONAL PROPERTY TAX RETURN FILED WITH THE STATE 2
DEPARTMENT OF ASSESSMENTS AND TAXATION; OR 3
(2) EXCEPT FOR ALCOHOLIC BEVERAGES, GOODS HELD FOR SALE 4
AND REPORTED AS INVE NTORY ON THE BUSINESS PERSONAL PROPERTY TAX 5
RETURN FILED WITH THE STATE DEPARTMENT OF ASSESSMENTS AND TAXATION 6
FOR DETERMINING THE VALUATION OF A TRADE R’S LICENSE UNDER SUBTITLE 18 7
OF THIS TITLE. 8
[(e)] (G) “Trader” [includes] MEANS a person who operates a room or other place 9
of business for selling goods, INCLUDING GOODS SOLD at auction. 10
[(f)] (H) “Trader’s license” means a license issued by the clerk to do business as 11
a trader. 12
17–102. 13
(A) THIS TITLE APPLIES TO A PERSON WHO IS ENGAGED IN A FOR –PROFIT 14
BUSINESS. 15
(B) This title does not apply to [a person who does not buy or sell in a trade or 16
business carried on for profit]: 17
(1) A PERSON WHO IS ENGA GED IN A NOT–FOR–PROFIT BUSINESS OR 18
A BUSINESS EXEMPT FR OM TAXATION UNDER TH E FEDERAL INTERNAL REVENUE 19
CODE; OR 20
(2) A GOVERNMENT AL UNIT. 21
Subtitle 2. Administration and Enforcement. 22
17–201. 23
(a) In this subtitle, “license” means a license issued by a clerk under this title. 24
(b) In this subtitle, “license” includes: 25
[(1) a console machine license issued under Subtitle 4 of this title; 26
(2) a pinball machine license issued under Subtitle 4 of this title; 27
(3) a Wicomico County pinball machine license issued under Subtitle 4 of 28
this title; 29
4 SENATE BILL 496
(4) a Garrett County amusement device license issued under Subtitle 4 of 1
this title; 2
(5) a billiard table license issued under Subtitle 5 of this title;] 3
[(6)] (1) a construction license issued under Subtitle 6 of this title; 4
[(7)] (2) a nonresident construction license issued under Subtitle 6 of this 5
title; 6
[(8) a wholesale farm machinery dealer’s license issued under Subtitle 7 of 7
this title;] 8
[(9)] (3) a garage license issued under Subtitle 8 of this title; 9
[(10)] (4) a peddler license issued under Subtitle 9 of this title; 10
[(11)] (5) a CALVERT COUNTY magazine seller license issued under 11
Subtitle 9 of this title; 12
[(12)] (6) a junk dealer or scrap metal processor license issued under 13
Subtitle 10 of this title; 14
[(13)] (7) an agent license issued under Subtitle 10 of this title; 15
[(14)] (8) a Calvert County junk dealer or scrap metal processor license 16
issued under Subtitle 10 of this title; 17
[(15)] (9) a license to do the business of cleaning, dyeing, pressing, or 18
laundering ON–SITE issued under Subtitle 11 of this title; 19
[(16)] (10) a [license to keep a] storage warehouse LICENSE issued under 20
Subtitle 12 of this title; 21
[(17) a State juke box license issued under Subtitle 13 of this title; 22
(18) a Harford County juke box license issued under Subtitle 13 of this title;] 23
[(19)] (11) a promoter license issued under Subtitle 14 of this title; 24
[(20) a plumber’s license issued under Subtitle 15 of this title;] 25
[(21)] (12) a restaurant license issued under Subtitle 16 of this title; 26
[(22)] (13) a trader’s license issued under Subtitle 18 of this title; 27 SENATE BILL 496 5
[(23)] (14) a chain store license issued under Subtitle [18] 17A of this title; 1
AND 2
[(24)] (15) a vending machine license issued under Subtitle 19 of this title[; 3
and 4
(25) a license to do business as a trading stamp issuer issued under Subtitle 5
20 of this title]. 6
17–202. 7
(E) THE COMPTROLLER SHALL MAKE ALL LICENSE MAT ERIALS, INCLUDING 8
STICKERS, AVAILABLE TO THE CLE RKS ON OR BEFORE APRIL 1 EACH YEAR. 9
[(e)] (F) The Comptroller may adopt regulations to: 10
(1) carry out this title; and 11
(2) define any term used in this title. 12
[17–203. 13
(a) The Comptroller shall: 14
(1) cause to be printed or otherwise prepared, in the form required by law 15
or usage, blank licenses of each kind authorized by law; and 16
(2) deliver to the clerks the number and kind of blank licenses that they 17
need. 18
(b) (1) Before May 1 of each year, each clerk shall apply to the Comptroller for 19
the number of blank licenses that the clerk is likely to need for the year that begins on May 20
1. 21
(2) Each clerk shall apply to the Comptroller for blank licenses at other 22
times as necessary. 23
(c) If a clerk fails to comply with subsection (b) of this section, the clerk shall pay 24
a penalty of $1,000 for each violation.] 25
[17–204. 26
(a) On or before the first Monday of June and the first Monday of December of 27
each year, each clerk shall submit to the Comptroller, under oath, a list and account of 28
licenses issued by the clerk. 29 6 SENATE BILL 496
(b) The list shall contain: 1
(1) the number of licenses issued; 2
(2) the kind of each license issued; 3
(3) the date of issuance of each license; 4
(4) the license fee received for each license; 5
(5) the name of each licensee; and 6
(6) the number and kind of any blank licenses remaining unissued. 7
(c) If a clerk fails to comply with this section, the Comptroller shall: 8
(1) charge the clerk, at the rates set by law, with the whole amount of blank 9
licenses delivered to the clerk; and 10
(2) immediately bring suit against the official bond of the clerk to recover 11
that amount.] 12
[17–205. 13
On or before the tenth day of each month, each clerk shall send to the State 14
Department of Assessments and Taxation a copy of each license and the application for 15
each license that the clerk issued during the preceding month.] 16
[17–206.] 17–203. 17
(a) This section does not apply to: 18
(1) [a console machine license, pinball machine license, Wicomico County 19
pinball machine license, or Garrett County amusement device license issued under Subtitle 20
4 of this title; 21
(2)] a Calvert County peddler license or magazine seller license issued 22
under Subtitle 9 of this title; 23
[(3)] (2) a junk dealer or scrap metal processor license[,] OR agent 24
license[, or Calvert County junk dealer or scrap metal processor license] issued under 25
Subtitle 10 of this title; 26
[(4)] (3) a [license to keep a] storage warehouse LICENSE issued under 27
Subtitle 12 of this title; 28 SENATE BILL 496 7
[(5)] (4) a promoter license issued under Subtitle 14 of this title; OR 1
[(6)] (5) a vending machine license issued under Subtitle 19 of this title[; 2
or 3
(7) a license to do business as a trading stamp issuer issued under Subtitle 4
20 of this title]. 5
(b) Except as provided in subsections (a) and (c) of this section or otherwise in this 6
title, each clerk shall account for and distribute the LICENSE fees received for licenses 7
issued under this title as follows: 8
(1) the clerk shall pay into the General Fund of the State: 9
(i) the percentage of license fees authorized [by law as a fee of the 10
office; 11
(ii) the additional issuance fee now allowed; and] UNDER § 2–213 12
OF THE COURTS ARTICLE; AND 13
[(iii)] (II) 3% of license fees to defray the expenses of the State 14
License Bureau; and 15
(2) [except as provided in subsection (d) of this section,] the clerk shall 16
distribute the remaining license fees: 17
(i) to the municipal corporation where the licensed business or 18
activity is located, if the licensed business or activity is located in a municipal corporation; 19
or 20
(ii) to the county where the licensed business or activity is located, if 21
the licensed business or activity is not located in a municipal corporation. 22
(c) A clerk shall account for and pay into the General Fund of the State the entire 23
fee received for a trader’s license issued in a county or municipal corporation that selects a 24
uniform license fee under [§ 17–1807.1] § 17–1806 of this title. 25
(D) THE CLERK SHALL PAY A LL ISSUANCE FEES INT O THE GENERAL FUND 26
OF THE STATE. 27
[(d)] (E) (1) For purposes of this subsection, per capita revenue shall be 28
computed by using the population figures from the later of: 29
(i) the most recent federal census; or 30
8 SENATE BILL 496
(ii) an official local census. 1
(2) The clerk may not distribute license fees to a county or municipal 2
corporation unless the county or municipal corporation: 3
(i) levies, in its current fiscal year, taxes sufficient to collect at least 4
$1.00 per capita in revenue; and 5
(ii) certifies to the Comptroller a copy of the levy. 6
(3) THE COMPTROLLER SHALL NOT IFY THE CLERK IF A COUNTY OR 7
MUNICIPAL ITY HAS NOT CERTIFIED A COPY OF THE LEVY AS REQUIRED UNDER 8
PARAGRAPH (2) OF THIS SUBSECTION . 9
[(3)] (4) The clerk shall pay into the General Fund of the State any money 10
that is not distributed at the end of the fiscal year of a county or municipal corporation 11
because the county or municipal corporation failed to make the levy and certification 12
required by paragraph (2) of this subsection. 13
Subtitle 3. General Business Licensing Provisions. 14
17–301. 15
In this subtitle, “license” has the meaning stated in [§ 17–201] §§ 17–101 AND 16
17–201 of this title. 17
17–302. 18
(a) (1) [Except] SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION A ND 19
EXCEPT as otherwise provided in this title, an applicant for a NEW license under this title 20
shall SUBMIT TO THE CLERK : 21
[(1)] (I) [submit to the clerk, in duplicate,] an application [on the form] 22
that the clerk provides; AND 23
[(2) submit to the clerk a receipt or certificate for taxes in accordance with 24
subsection (c) of this section; and] 25
[(3)] (II) [pay to the clerk] PAYMENT OF the appropriate license fee 26
required by this title. 27
(2) IF AN APPLICANT IS APPLYING FOR A NEW T RADER’S LICENSE 28
UNDER THIS TITLE , THE APPLICANT SHALL SUBM IT TO THE CLERK A CERTIFICATION 29
BY THE STATE DEPARTMENT OF ASSESSMENTS AND TAXATION, OR OTHER 30
CERTIFICATION ACCEPT ABLE TO THE CLERK , OF THE VALUE OF THE 31 SENATE BILL 496 9
STOCK–IN–TRADE REPORTED AS IN VENTORY ON THE BUSINESS PERSONAL 1
PROPERTY TAX RETURN IN EACH COUNTY WHERE THE BUSINESS I S LOCATED FOR 2
THE APPROPRIATE VALUATION YEAR . 3
(b) (1) [Each application for a license shall be verified in the way and contain 4
the information that the Comptroller requires by regulation.] SUBJECT TO PARAGRAPH 5
(2) OF THIS SUBSECTION A ND EXCEPT AS OTHERWIS E PROVIDED IN THIS T ITLE, A 6
LICENSEE APPLYING FO R RENEWAL OF A LICENSE SHALL SUBMIT TO THE CLERK , 7
ELECTRONICALLY OR OT HERWISE: 8
(I) A CERTIFICATION BY THE COUNTY TREASU RER UNDER 9
SUBSECTION (C) OF THIS SECTION THAT THERE ARE NO UN PAID TAXES DUE TO TH E 10
STATE OR COUNTY ON TH E FIXTURES OR STOCK –IN–TRADE; AND 11
(II) PAYMENT OF THE APPROP RIATE LICENSE FEE RE QUIRED BY 12
THIS TITLE. 13
(2) IF A LICENSEE IS APPL YING TO RENEW A TRAD ER’S LICENSE 14
UNDER THIS TITLE , THE LICENSEE SHALL S UBMIT TO THE CLERK A CERTIFICATION 15
BY THE STATE DEPARTMENT OF ASSESSMENTS AND TAXATION, OR OTHER 16
CERTIFICATION ACCEPT ABLE TO THE CLERK , OF THE VALUE OF THE FIXTURES AND 17
STOCK–IN–TRADE REPORTED AS IN VENTORY ON THE BUSINESS PERSONAL 18
PROPERTY TAX RETURN IN EACH COUNTY WHERE THE BUSINESS IS LOCATED FOR 19
THE APPLICANT ’S BUSINESS FOR THE APPROPRIATE VALUATION YEAR . 20
(c) (1) In this subsection, “county treasurer” includes the Director of Finance 21
or other chief fiscal officer of a county that does not have a county treasurer. 22
(2) This subsection does not apply to a domestic corporation that has 23
shares subject to taxation under State law. 24
(3) Except as otherwise provided in this title, [an applicant] A LICENSEE 25
APPLYING for RENEWAL OF a license shall submit to the clerk, ELECTRONICALLY OR 26
OTHERWISE : 27
(i) [a certification by the State Department of Assessments and 28
Taxation of the value of the goods, fixtures, and stock in trade in each county where the 29
business is located for the applicant’s business for the valuation year; 30
(ii)] a certification by the county treasurer of that county, IF 31
APPLICABLE, that there are no unpaid taxes due to the [State or] county on the [goods,] 32
fixtures[, or stock in trade] OR STOCK–IN–TRADE; [and] 33
10 SENATE BILL 496
[(iii)] (II) a certification by the municipal corporation, if any, where 1
the business is located that there are no unpaid taxes due to the municipal corporation on 2
the [goods,] fixtures[, or stock in trade] OR STOCK–IN–TRADE; AND 3
(III) A CERTIFICATION BY T HE COMPTROLLER THAT THER E ARE 4
NO UNPAID TAXES DUE TO THE STATE. 5
[(4)] (D) In this [subsection] SECTION, the valuation year: 6
[(i)] (1) in Washington County, is the fiscal year that includes May 7
1 of the calendar year when the license is issued; or 8
[(ii)] (2) in each other county, is the [last] SECOND PRECEDING 9
calendar year before the year for which the license is sought. 10
[(d)] (E) (1) This subsection applies only in Calvert County. 11
(2) The clerk may not issue a license under this title for the first time to a 12
business that will be located in Calvert County unless the applicant submits to the clerk a 13
certification that the location of the business for which the license is sought is zoned for the 14
type of business for which the applicant is seeking a license. 15
(3) The certification must be issued from: 16
(i) the Calvert County Department of Planning and Zoning; or 17
(ii) the appropriate municipal corporation, if the location of the 18
proposed business is within the boundaries of a municipal corporation. 19
(F) EACH APPLICATION FOR A LICENSE SHALL CONT AIN ANY INFORMATION 20
REQUIRED BY THE COMPTROLLER IN REGULATION . 21
17–303. 22
(c) (1) A person who must have a license under this title but does not get the 23
license on time shall pay to the clerk, in addition to the required license fee, a late fee. 24
(2) [The] SUBJECT TO PARAGRAPH (3) OF THIS SUBSECTION , THE late 25
fee shall be the sum of: 26
(i) 10% of the required license fee for the calendar month following 27
the calendar month when the required license fee is due; and 28
(ii) 2% of the required license fee for each calendar month or part of 29
a month after that. 30
SENATE BILL 496 11
(3) A LATE FEE IMPOSED UND ER THIS SUBSECTION MAY NOT EXCEED 1
30% OF THE REQUIRED LICE NSE FEE FOR THE LICE NSE YEAR. 2
(D) THE COMPTROLLER SHALL CHA RGE AN ISSUANCE FEE FOR EACH 3
LICENSE THAT IS ISSUED OR TRANSFERRE D. 4
17–305. 5
(a) (1) Except as otherwise provided in this title, a license is effective on May 6
1. 7
(2) Whenever a person begins business after May 31, the clerk shall issue 8
a license that is effective on the [first of the month when the person begins business under 9
the license] DATE OF ISSUANCE . 10
Subtitle 6. Construction. 11
17–601. 12
(a) In this subtitle the following words have the meanings indicated. 13
(b) “Construction license” means a license issued by the clerk to do construction 14
business. 15
(c) (1) “Do construction business” means to agree to: 16
[(1)] (I) pave or curb a sidewalk, street, or other public or private 17
property; 18
[(2)] (II) excavate earth, rock, or other material for a foundation or other 19
purpose; or 20
[(3)] (III) do work on or in a building or other structure that requires the 21
use of a building material, including: 22
[(i)] 1. paint; 23
[(ii)] 2. stone; 24
[(iii)] 3. brick; 25
[(iv)] 4. mortar; 26
[(v)] 5. wood; 27
12 SENATE BILL 496
[(vi)] 6. cement; 1
[(vii)] 7. structural iron; 2
[(viii)] 8. structural steel; 3
[(ix)] 9. sheet iron; 4
[(x)] 10. galvanized iron; 5
[(xi)] 11. metallic piping; 6
[(xii)] 12. tin; 7
[(xiii)] 13. lead; 8
[(xiv)] 14. electric wiring; or 9
[(xv)] 15. any other metal. 10
(2) “DO CONSTRUCTION BUSIN ESS” DOES NOT INCLUDE HOM E 11
IMPROVEMENT AS DEFIN ED IN § 8–101 OF THIS ARTICLE. 12
(d) “Nonresident construction license” means a construction license issued by the 13
clerk to a person who is incorporated or has its principal office in another state. 14
17–602. 15
(a) Except as provided in § 8–317 of this article, a person must have a construction 16
license whenever the person does construction business in the State. 17
(b) [(1)] [Except as provided in paragraph (3) of this subsection, a] A person who 18
is incorporated or has its principal office in another state must [also] have a nonresident 19
construction license, IN ADDITION TO ANY O THER LICENSE REQUIRE D BY LAW, 20
whenever the person does construction business in this State. 21
[(2) Except as provided in paragraph (3) of this subsection, an additional 22
nonresident construction license is required for each contract to do construction business 23
in this State if the gross amount of the contract exceeds $1,000. 24
(3) No nonresident construction license is required if the state where the 25
person is incorporated or has its principal office does not require a similar license for a 26
Maryland contractor doing construction business in that state.] 27
SENATE BILL 496 13
(C) (1) A CONSTRUCTION LICENSE MUST BE ISSUED IN TH E COUNTY 1
WHERE THE CONSTRUCTI ON BUSINESS HAS ITS PRINCIPAL PL ACE OF BUSINESS . 2
(2) A NONRESIDENT CONSTRUCTION LICENSE MUST BE ISSUED IN 3
THE COUNTY WHERE THE CONSTRUCTI ON BUSINESS FIRST DOES CONSTRUCTION 4
BUSINESS IN THE STATE. 5
(D) A CONSTRUCTION LICENSE OR NONRESIDENT CONST RUCTION LICENSE 6
UNDER THIS SUBTITLE AUTHORIZES THE LICEN SEE TO DO CONSTRUCTION 7
BUSINESS IN THE STATE. 8
17–603. 9
[(a)] An applicant for a construction license OR NONRESI DENT CONSTRUCTION 10
LICENSE shall pay to the clerk a license fee of: 11
(1) $15 for a [construction] license in a county other than Baltimore City, 12
Baltimore County, or Cecil County; 13
(2) $40 for a [construction] license in Baltimore City or Baltimore County; 14
or 15
(3) $30 for a [construction] license in Cecil County. 16
[(b) (1) Except as provided in paragraph (2) of this subsection, an applicant for 17
a nonresident construction license shall pay to the clerk: 18
(i) a license fee of: 19
1. $50 for a nonresident construction license in a county 20
other than Baltimore City or Baltimore County; or 21
2. $60 for a nonresident construction license in Baltimore 22
City or Baltimore County; and 23
(ii) for each contract for which the applicant is required to get an 24
additional nonresident construction license, an additional license fee of: 25
1. $50, if the contract will be performed in a county other 26
than Baltimore City or Baltimore County; or 27
2. $60, if the contract will be performed in Baltimore City or 28
Baltimore County. 29
(2) An applicant for a nonresident construction license who is incorporated 30
or has its principal office in another state shall pay to the clerk the total fees imposed in 31 14 SENATE BILL 496
that state on a similar nonresident business if the total fees are higher than the total license 1
fees under this section.] 2
Subtitle 8. Garages. 3
17–801. 4
(a) In this subtitle the following words have the meanings indicated. 5
(b) “Garage” means a building or part of a building where motor vehicles are 6
stored OR PARKED for a fee. 7
(c) “Garage license” means a license issued by the clerk to keep a garage. 8
Subtitle 9. Peddlers. 9
17–901. 10
(a) In this subtitle the following words have the meanings indicated. 11
(B) “CALVERT COUNTY MAGAZINE SELLER LICENSE” MEANS A LICENSE 12
ISSUED BY THE CLERK IN CALVERT COUNTY TO ACT AS A NO NRESIDENT ITINERANT 13
MAGAZINE SELLER IN CALVERT COUNTY. 14
(C) “FOOT PEDDLER ” MEANS A PEDDLER WHO TRAVELS ON FOOT . 15
(D) “MOTOR VEHICLE PEDDLER ” MEANS A PEDDLER WHO TRAVELS BY 16
MOTOR VEHICLE . 17
(E) “NONRESIDENT ITINERANT MAGAZINE SELLER ” MEANS A PERSON WHO 18
IS NOT A RESIDENT OF CALVERT COUNTY AND WHO SELLS OR OFFERS TO SELL A 19
SUBSCRIPTION TO A MA GAZINE OR OTHER PUBL ICATION IN CALVERT COUNTY. 20
(F) “ONE–HORSE PED DLER” MEANS A PEDDLER WHO TRAVELS WITH A 21
WAGON OR OTHER VEHIC LE DRAWN BY ONE HORS E OR OTHER BEAST OF BURDEN. 22
[(b)] (G) (1) “Peddler” [includes a hawker, a huckster, and a mobile vendor] 23
MEANS A PERSON WHO : 24
(I) DOES NOT HAVE A FIXE D PLACE OF BUSINESS LOCATED IN A 25
PHYSICAL STRUCTURE ; AND 26
(II) MOVES FROM HOUSE TO HOUSE OR PLACE TO PL ACE 27
CARRYING ARTICLES OF MERCHANDISE TO BE SO LD AND DELIVERED 28
CONCURRENTLY . 29 SENATE BILL 496 15
(2) “PEDDLER” INCLUDES A FOOT PEDDLER, MOTOR VEHICLE 1
PEDDLER, ONE–HORSE PEDDLER , AND TWO–HORSE PEDDLER . 2
[(c)] (H) “Peddler license” means a license issued by the clerk to act as a peddler. 3
(I) “TWO–HORSE PEDDLER ” MEANS A PEDDLER WHO TRAVELS WITH A 4
WAGON OR OTHER VEHIC LE DRAWN BY TWO HORS ES OR OTHER BEASTS OF BURD EN. 5
[17–904. 6
(a) In Part II of this subtitle the following words have the meanings indicated. 7
(b) “Foot peddler” means a peddler who travels on foot. 8
(c) “Motor vehicle peddler” means a peddler who travels by motor vehicle. 9
(d) “One horse peddler” means a peddler who travels with a wagon or other 10
vehicle drawn by 1 horse or other beast of burden. 11
(e) “Two horse peddler” means a peddler who travels with a wagon or other 12
vehicle drawn by 2 horses or other beasts of burden.] 13
17–907. 14
(a) (1) An applicant for a peddler license shall pay to the clerk the applicable 15
license fee. 16
(2) If the applicant is a foot peddler, the license fee is: 17
(i) in Baltimore City, $200; 18
(ii) in St. Mary’s County, the amount set by the County 19
Commissioners, by resolution; and 20
(iii) in any other county, $100. 21
(3) If the applicant is a [one horse] ONE–HORSE peddler, the license fee is: 22
(i) in Baltimore City, $250; 23
(ii) in St. Mary’s County, the amount set by the County 24
Commissioners, by resolution; and 25
(iii) in any other county, $150. 26
16 SENATE BILL 496
(4) If the applicant is a [two horse] TWO–HORSE peddler, the license fee 1
is: 2
(i) in Baltimore City, $300; 3
(ii) in St. Mary’s County, the amount set by the County 4
Commissioners, by resolution; and 5
(iii) in any other county, $200. 6
(5) If the applicant is a motor vehicle peddler, the license fee is: 7
(i) in Baltimore City, $500; 8
(ii) in St. Mary’s County, the amount set by the County 9
Commissioners, by resolution; and 10
(iii) in any other county, $300; but 11
1. in Garrett County, the license fee is $100 for a resident of 12
Garrett County; and 13
2. in Worcester County, the license fee is $100 for a resident 14
of Worcester County who sells only ice cream. 15
(b) (1) In Harford County, an applicant for a peddler license must have the 16
written permission of the owner or lessee of the property where the applicant will do 17
business. 18
(2) The written permission shall include: 19
(i) the name, address, and telephone number of the owner or lessee 20
of the property; 21
(ii) the name, permanent address, and telephone number of the 22
applicant; 23
(iii) a description of the goods to be sold by the applicant; and 24
(iv) the times of day and the number of days per month that the 25
applicant is allowed to do business on the property of the owner or lessee. 26
17–908. 27
(A) (1) The clerk shall provide a metal tag [or stamp] AND LICENSE STICKER 28
to each [one horse] peddler[, two horse peddler, or motor vehicle peddler] who holds a 29
peddler license. 30 SENATE BILL 496 17
(2) THE CLERK SHALL PROVI DE A LICENSE STICKER TO EACH 1
PEDDLER WHO RENEWS A PEDDLER LICENSE . 2
(B) (1) A PEDDLER SHALL POSSES S THE METAL TAG AND LICENSE 3
STICKER AT ALL TIMES THAT THE INDIVIDUAL IS AC TING AS A PEDDLER . 4
(2) A ONE–HORSE PEDDLER , TWO–HORSE PEDDLER , AND MOTOR 5
VEHICLE PEDDLER SHAL L KEEP THE METAL TAG AND LICENSE STICKER ATTACHED 6
TO THE VEHICLE . 7
[17–910. 8
(a) Each one horse peddler, two horse peddler, and motor vehicle peddler shall 9
keep the metal tag or stamp issued under this subtitle attached to the vehicle so as to be 10
clearly visible. 11
(b) A peddler in Harford County shall: 12
(1) keep with the peddler at all times the peddler license and a copy of the 13
original written permission of the property owner required under this subtitle; and 14
(2) produce the peddler license and copy of the written permission on 15
request.] 16
[17–911.] 17–910. 17
(a) Except as otherwise provided in [Part II of] this subtitle, a person may not act 18
as a peddler unless the person has a peddler license. 19
[(b) A peddler is considered to be acting as a peddler without a peddler license if 20
the peddler: 21
(1) acts or offers to act as a peddler without the peddler license with the 22
peddler at the time; or 23
(2) fails to show the peddler license to a law enforcement officer on request. 24
(c) A person who violates this section is guilty of a misdemeanor and, on 25
conviction, is subject to a fine not exceeding $100.] 26
(B) EXCEPT AS OTHERWISE P ROVIDED IN THIS SUBT ITLE, A PERSON WHO 27
VIOLATES ANY PROVISION OF THIS SUBTITLE IS GUILTY O F A MISDEMEANOR AND , 28
ON CONVICTION , IS SUBJECT TO A FINE NOT EXCEEDING $100. 29
18 SENATE BILL 496
[17–912.] 17–911. 1
(a) This section does not apply in Allegany and Washington counties. 2
(b) A municipal corporation may not require a local license or impose a local fee 3
or tax to sell fresh fruits, vegetables, or other country produce from a wagon at retail if the 4
seller is the producer. 5
(c) However, a municipal corporation by ordinance may: 6
(1) provide for the issuance of identification cards or tags to producers of 7
country produce who sell the produce from a wagon at retail; 8
(2) set a fee, not exceeding 50 cents for each producer, for the issuance of 9
identification cards or tags; and 10
(3) require producers to get and display identification cards or tags. 11
(d) (1) A person who is not the producer may not sell or offer to sell any fresh 12
fruits, vegetables, or other country produce from a wagon at retail in a municipal 13
corporation that requires a local license or imposes a local fee or tax to do so without getting 14
the license or paying the fee or tax. 15
(2) A person who violates this subsection is guilty of a misdemeanor and, 16
on conviction, is subject to a fine not exceeding $25. 17
[17–913. 18
If the County Commissioners of St. Mary’s County set a license fee for a license 19
issued under § 17–907 of this subtitle, the County Commissioners shall notify the 20
Comptroller of the Treasury by December 31 of the year before the year the license fee takes 21
effect.] 22
[17–915. 23
(a) In Part III of this subtitle the following words have the meanings indicated. 24
(b) “Magazine seller license” means a license issued by the clerk to act as a 25
nonresident itinerant magazine seller. 26
(c) “Nonresident itinerant magazine seller” means a person who: 27
(1) is not a resident of Calvert County; and 28
(2) sells or offers to sell a subscription to a magazine or other publication.] 29
SENATE BILL 496 19
Subtitle 10. Junk Dealers and Scrap Metal Processors. 1
[Part I. Definitions.] 2
17–1001. 3
(a) In this subtitle the following words have the meanings indicated. 4
(b) “Agent” means a person who buys or sells junk or scrap metal for a junk dealer 5
or scrap metal processor. 6
(C) “AGENT LICENSE” MEANS A LICENSE ISSU ED BY THE CLERK TO ACT AS 7
AN AGENT. 8
[(c)] (D) “Antique dealer” means a person who does business buying and selling 9
antiques. 10
[(d)] (E) “Antiques” means objects made in, or typical of, an earlier period of 11
time, that either have special value because of their age or are examples of works of art or 12
handicrafts. 13
[(e)] (F) (1) “Junk” or “scrap metal” includes: 14
(i) nonferrous articles made wholly or substantially of: 15
1. aluminum; 16
2. babbitt metal; 17
3. brass; 18
4. bronze; 19
5. light copper; 20
6. heavy copper; 21
7. lead; 22
8. low carbon chrome; 23
9. low carbon manganese; 24
10. molybdenum; 25
11. monel metal; 26 20 SENATE BILL 496
12. pewter; 1
13. nickel; 2
14. stainless steel; 3
15. tin; 4
16. vanadium; 5
17. zinc; 6
18. platinum; 7
19. gold; 8
20. rhodium; or 9
21. other nonferrous metals; and 10
(ii) the following used articles, made of either ferrous or nonferrous 11
metal: 12
1. catalytic converters; 13
2. metal bleachers; 14
3. hard–drawn copper; 15
4. metal beer kegs; 16
5. cemetery urns; 17
6. grave markers; 18
7. propane tanks; 19
8. cell tower batteries; and 20
9. any other used articles owned by a public utility including: 21
A. guardrails; 22
B. manhole covers; 23
C. metal light poles; 24 SENATE BILL 496 21
D. tree grates; 1
E. water meters; and 2
F. street signs. 3
(2) “Junk” or “scrap metal” does not include beverage cans or food cans. 4
[(f)] (G) (1) “Junk dealer” or “scrap metal processor” means a person who 5
does business buying or selling junk or scrap metal. 6
(2) “Junk dealer” or “scrap metal processor” does not include a dealer or 7
pawnbroker licensed under Title 12 of this article. 8
(H) “JUNK DEALER OR SCRAP METAL PROCESSOR LICE NSE” MEANS A 9
LICENSE ISSUED BY TH E CLERK TO DO BUSINE SS AS A JUNK DEALER OR SCRAP 10
METAL PROCESSOR . 11
(I) “NONRESIDENT JUNK DEALER” MEANS A JUNK DEALER WHO IS NOT A 12
RESIDENT OF THE STATE. 13
(J) “NONRESIDENT SCRAP MET AL PROCESSOR ” MEANS A SCRAP METAL 14
PROCESSOR WHO IS NOT A RESIDENT OF THE STATE. 15
[(g)] (K) “Primary law enforcement unit” means the Department of State Police, 16
a police department, or sheriff, as designated by a resolution of the county or municipal 17
governing body in the county in which the license of the junk dealer or scrap metal processor 18
is held. 19
(L) “STATE JUNK LICENSE ” INCLUDES: 20
(1) A JUNK DEALER OR SCRAP METAL PROCESSOR LICE NSE; OR 21
(2) AN AGENT LICENSE . 22
[Part II. State Licensing.] 23
[17–1005. 24
(a) In Part II of this subtitle the following words have the meanings indicated. 25
(b) “Agent license” means a license issued by the clerk to act as an agent. 26
22 SENATE BILL 496
(c) “Junk dealer or scrap metal processor license” means a license issued by the 1
clerk to do business as a junk dealer or scrap metal processor. 2
(d) “Nonresident junk dealer” or “nonresident scrap metal processor” means a 3
junk dealer or scrap metal processor who is not a resident of the State. 4
(e) “State junk license” includes: 5
(1) a junk dealer or scrap metal processor license; and 6
(2) an agent license.] 7
[17–1006.] 17–1005. 8
(a) (1) Except as otherwise provided in this subtitle, a person must have a junk 9
dealer or scrap metal processor license whenever the person does business as a junk dealer 10
or scrap metal processor in the State. 11
(2) This subsection does not apply to a situation in which: 12
(i) a nonresident junk dealer or nonresident scrap metal processor 13
buys junk or scrap metal from a junk dealer or scrap metal processor licensee who is a 14
resident of the State; or 15
(ii) the nonresident junk dealer or nonresident scrap metal processor 16
transports that junk or scrap metal. 17
(3) If a nonresident junk dealer or nonresident scrap metal processor comes 18
into the State in a vehicle, the nonresident junk dealer or nonresident scrap metal processor 19
may not transport from the State in that vehicle any junk or scrap metal bought in the 20
State unless the nonresident junk dealer or nonresident scrap metal processor holds a junk 21
dealer or scrap metal processor license. 22
(b) (1) Except as otherwise provided in this subtitle, a person must have an 23
agent license whenever the person acts as an agent in the State. 24
(2) This subsection does not apply to a salaried employee of a junk dealer 25
or scrap metal processor licensee. 26
[17–1007.] 17–1006. 27
(A) An applicant for a State junk license shall: 28
(1) certify to the clerk the applicant’s name and business address; and 29
(2) pay to the clerk a license fee of: 30
SENATE BILL 496 23
(i) $10 for a junk dealer or scrap metal processor license[, if the 1
applicant is a resident of the State]; OR 2
(ii) $5 for an agent license[, if the applicant is a resident of the State; 3
or 4
(iii) $100 for a junk dealer or scrap metal processor license or agent 5
license, if the applicant is not a resident of the State]. 6
(B) ALL LICENSE FEES COLLECT ED FOR ISSUANCE OF STATE JUNK 7
LICENSES UNDER THIS SECTION S HALL BE PAID TO THE COMPTROLLER . 8
[17–1008.] 17–1007. 9
(a) The clerk shall[: 10
(1)] issue[, in numerical order,] a State junk license to each applicant who 11
meets the requirements of [Part II of] this subtitle[; and 12
(2) collect an issuing fee of 50 cents per State junk license]. 13
(b) [The clerk shall keep a record of the name, business address, and license 14
number of each State junk licensee] A STATE JUNK LICENSE IS NOT TRANSFERABLE . 15
[17–1009. 16
A State junk license is not transferable.] 17
[17–1010.] 17–1008. 18
[A] IF A nonresident junk dealer or nonresident scrap metal processor [may not 19
keep] ESTABLISHES a fixed place of business AS A JUNK DEALER OR SCRAP METAL 20
PROCESSOR in the State, THE NONRESIDENT JUNK DEALER OR SCRAP METAL 21
PROCESSOR SHALL : 22
(1) OBTAIN A JUNK DEALER OR SCRAP METAL PROCE SSOR LICENSE; 23
AND 24
(2) COMPLY WITH ALL LAWS AND REGULATIONS RELA TED TO THE 25
JUNK DEALER OR SCRAP METAL PROCESSOR LICE NSE. 26
[17–1011.] 17–1009. 27
24 SENATE BILL 496
(a) (1) This section applies to all junk dealers and scrap metal processors doing 1
business in the State, including nonresident junk dealers and nonresident scrap metal 2
processors. 3
(2) This section applies to an automotive dismantler and recycler or scrap 4
metal processor licensed under Title 15, Subtitle 5 of the Transportation Article if the 5
automotive dismantler and recycler or scrap metal processor: 6
(i) conducts business as a licensed junk dealer or scrap metal 7
processor; 8
(ii) acquires vehicle parts that qualify as junk or scrap metal as 9
defined under [§ 17–1001(e)] § 17–1001(F) of this subtitle; or 10
(iii) acquires articles that are listed, or made of metals that are listed, 11
in [§ 17–1001(e)] § 17–1001(F) of this subtitle. 12
(3) This section does not apply to: 13
(i) an automotive dismantler and recycler or scrap metal processor 14
that only acquires whole vehicles for the purpose of dismantling, destroying, or scrapping 15
them for the benefit of their parts or the materials in them; or 16
(ii) a person that buys scrap metal to use as raw material to produce 17
1,000,000 tons of steel or more in the State per calendar year. 18
(4) (i) Except as provided in subparagraph (ii) of this paragraph, this 19
section preempts the right of a county or municipality to regulate the resale of junk or scrap 20
metal. 21
(ii) This section does not limit the power of a county or municipality 22
to license junk dealers and scrap metal processors. 23
(iii) This section supersedes any existing law of a county or 24
municipality that regulates the resale of junk or scrap metal. 25
(b) (1) For each purchase of junk or scrap metal in the State, a junk dealer or 26
scrap metal processor shall keep an accurate record in English. 27
(2) The record shall state: 28
(i) the date and time of purchase; 29
(ii) a description of the junk or scrap metal purchased, including: 30
1. the type and grade of the junk or scrap metal; and 31
SENATE BILL 496 25
2. if payment is based on weight, the weight of each type and 1
grade of junk or scrap metal; 2
(iii) the amount paid or other consideration for the junk or scrap 3
metal; 4
(iv) the registration plate number, make, and model of any vehicle 5
used; 6
(v) the name and address of the individual from whom the junk or 7
scrap metal is acquired; 8
(vi) the signature of: 9
1. the individual from whom the junk or scrap metal is 10
acquired; and 11
2. the junk dealer, scrap metal processor, or employee who 12
accepted the junk or scrap metal; and 13
(vii) for each individual from whom the junk dealer or scrap metal 14
processor acquires junk or scrap metal: 15
1. the date of birth and driver’s license number of the 16
individual; or 17
2. identification information about the individual from a 18
valid State–issued photo ID that provides a physical description of the individual, including 19
the sex, race, any distinguishing features, and approximate age, height, and weight of the 20
individual. 21
(3) The records required under this subsection shall be kept in electronic 22
form. 23
(4) (i) Subject to subparagraph (iv) of this paragraph, the junk dealer 24
or scrap metal processor shall submit a copy of each record required under this paragraph 25
to the primary law enforcement unit in accordance with subparagraphs (ii) and (iii) of this 26
paragraph. 27
(ii) A junk dealer or scrap metal processor shall submit a record by 28
transmitting a copy of the records electronically, in a format acceptable to the receiving 29
primary law enforcement unit, by the end of the first business day following the date of the 30
transaction. 31
(iii) Each copy of a record submitted to the primary law enforcement 32
unit shall include: 33
26 SENATE BILL 496
1. the date and time of purchase; 1
2. a description of the junk or scrap metal, including its 2
weight if payment is based on weight; 3
3. whether the amount paid or other consideration for the 4
junk or scrap metal exceeds $500; 5
4. the registration plate number of any vehicle used by the 6
individual from whom the junk or scrap metal is acquired; 7
5. the name and address of the individual from whom the 8
junk or scrap metal is acquired; 9
6. the date of birth and driver’s license number of the 10
individual from whom the junk or scrap metal is acquired; 11
7. identification information about the individual from a 12
valid State–issued photo ID that provides a physical description of the individual, including 13
the sex, race, age, height, and weight of the individual; and 14
8. an electronic scan or photocopy of the valid State–issued 15
photo ID under item 7 of this subparagraph. 16
(iv) The provisions of subparagraphs (i), (ii), and (iii) of this 17
paragraph may not be construed to require a junk dealer or scrap metal processor to incur 18
a substantial financial burden to comply with the requirements of this paragraph. 19
(5) A copy of a record submitted under paragraph (4) of this subsection: 20
(i) shall be kept confidential; 21
(ii) is not a public record; and 22
(iii) is not subject to Title 4 of the General Provisions Article. 23
(6) The primary law enforcement unit may destroy the copy of a record 24
submitted under paragraph (4) of this subsection after 1 year from the date that the 25
primary law enforcement unit receives the copy. 26
(7) (i) The primary law enforcement unit may waive the holding of 27
electronic records under paragraph (3) of this subsection or the submission of electronic 28
records under paragraph (4) of this subsection by a junk dealer or scrap metal processor. 29
(ii) Any waivers granted under subparagraph (i) of this paragraph 30
shall be limited to authorizing a junk dealer or scrap metal processor to: 31
SENATE BILL 496 27
1. extend the reporting deadline under paragraph (4) of this 1
subsection for an extra day; 2
2. hold written records; or 3
3. submit records by facsimile or by mail. 4
(c) (1) This subsection applies to junk dealers and scrap metal processors who 5
are residents of the State. 6
(2) Each junk dealer or scrap metal processor shall keep the records 7
required by subsection (b) of this section for 1 year after the date of the transaction. 8
(3) The records kept in accordance with this subsection shall be open to 9
inspection during business hours by State or local law enforcement personnel for an 10
investigation of a specific crime involving the materials listed under [§ 17–1001(e)] § 11
17–1001(F) of this subtitle. 12
(d) (1) A junk dealer or scrap metal processor may not barter, buy, exchange, 13
or accept from a person any junk or scrap metal unless the junk dealer or scrap metal 14
processor keeps records and makes entries in them in accordance with [Part II] of this 15
subtitle. 16
(2) A junk dealer or scrap metal processor may not purchase a catalytic 17
converter from an individual unless the individual, at the time of purchase, provides 18
identification as: 19
(i) a licensed automotive dismantler and recycler or scrap metal 20
processor; or 21
(ii) an agent or employee of a licensed commercial enterprise. 22
(3) A junk dealer or scrap metal processor may not purchase a cemetery 23
urn, grave marker, or any other item listed under [§ 17–1001(e)(1)(ii)] § 17–1001(F)(1)(II) 24
of this subtitle from an individual unless the individual, at the time of purchase, provides 25
appropriate authorization from a relevant business or unit of federal, State, or local 26
government specifically authorizing the individual to conduct the transaction. 27
(e) State or local law enforcement personnel may request information from the 28
records required under subsection (b) of this section pursuant to an investigation of a 29
specific crime involving the materials listed under [§ 17–1001(e)] § 17–1001(F) of this 30
subtitle. 31
(f) (1) The record and reporting requirements of subsection (b) of this section 32
do not apply to an item that is acquired from: 33
(i) a licensed junk dealer or scrap metal processor; 34 28 SENATE BILL 496
(ii) a unit of federal, State, or local government; or 1
(iii) a commercial enterprise with a valid business license that has 2
entered into a written contract with a junk dealer or scrap metal processor who has 3
provided to the primary law enforcement unit: 4
1. the name and business address of the commercial 5
enterprise; and 6
2. the type of junk or scrap metal subject to the contract. 7
(2) (i) Subject to subparagraph (ii) of this paragraph, a contract under 8
paragraph (1)(iii) of this subsection shall be open to inspection by a local law enforcement 9
agency on the premises of the junk dealer or scrap metal processor during business hours. 10
(ii) Notwithstanding any other law, a contract open to inspection by 11
a local law enforcement agency under subparagraph (i) of this paragraph may not be open 12
for public inspection without the consent of the junk dealer or scrap metal processor. 13
(g) (1) If a State or local law enforcement agency has reasonable cause to 14
believe that junk or scrap metal that is in the possession of a junk dealer or scrap metal 15
processor is stolen, the law enforcement agency may issue a written hold notice. 16
(2) The written hold notice shall: 17
(i) identify the items of junk or scrap metal alleged to be stolen and 18
subject to hold; 19
(ii) inform the junk dealer or scrap metal processor of the hold 20
imposed on the items of junk or scrap metal; and 21
(iii) specify the time period for the hold, not to exceed 15 days. 22
(3) On receipt of a written hold notice from a law enforcement agency, a 23
junk dealer or scrap metal processor may not process or remove from the junk dealer’s or 24
scrap metal processor’s place of business before the end of the hold period any items of junk 25
or scrap metal identified in the hold notice, unless the item is released by the law 26
enforcement agency or by court order. 27
(h) Local law enforcement personnel of the county where the place of business of 28
the junk dealer or scrap metal processor is located or where the junk or scrap metal was 29
purchased may enforce this section. 30
(i) A person who violates this section is guilty of a misdemeanor and on conviction 31
is subject to: 32
SENATE BILL 496 29
(1) a fine not exceeding $500 for a first offense; and 1
(2) a fine not exceeding $5,000 or imprisonment not exceeding 1 year or 2
both for a subsequent offense. 3
[17–1012.] 17–1010. 4
(a) In this section, “historic marker or plaque” means a marker, plaque, or tablet 5
commemorating a historic person or event, or identifying a historic place, structure, or 6
object. 7
(b) This section applies to all junk dealers, scrap metal processors, and antique 8
dealers who are residents of the State. 9
(c) (1) Each junk dealer, scrap metal processor, or antique dealer subject to 10
this section who purchases a historic marker or plaque shall register with the sheriff or 11
other law enforcement official designated by the governing body of the county in which the 12
business of the junk dealer, scrap metal processor, or antique dealer is located a complete 13
description of the historic marker or plaque. 14
(2) The description shall include: 15
(i) the date and time of purchase; 16
(ii) the name and address of the seller; 17
(iii) the license tag number of any vehicle used; and 18
(iv) a description of the historic marker or plaque, including the full 19
text, any installation date, and the name of any installation sponsor. 20
(3) The registration required under this section shall be made within 3 21
business days after the date of the purchase of the historic marker or plaque. 22
(d) The sheriff or other law enforcement official promptly shall notify the 23
Maryland Historical Trust with a copy to the junk dealer, scrap metal processor, or antique 24
dealer who registered with the sheriff. 25
(e) A historic marker or plaque may not be sold or otherwise disposed of for a 26
period of 30 days from the date of the notice required under subsection (d) of this section. 27
(f) A person who violates this section is guilty of a misdemeanor and, on 28
conviction, is subject to a fine not exceeding $100. 29
[17–1013.] 17–1011. 30
30 SENATE BILL 496
Except as otherwise [specifically] provided in [Part II of] this subtitle, a person who 1
violates [Part II of] this subtitle is guilty of a misdemeanor and, on conviction, is subject to 2
a fine not exceeding $500 for each offense. 3
Subtitle 11. Laundries and Dry Cleaners. 4
17–1101. 5
In this subtitle, “license” means a license issued by the clerk to do the business of 6
cleaning, dyeing, pressing, or laundering ON–SITE AT THE LOCATION STAT ED ON THE 7
LICENSE. 8
17–1102. 9
A person must have a license whenever the person does the business of ON–SITE 10
cleaning, dyeing, pressing, or laundering, other than hand laundering, in the State. 11
Subtitle 12. Storage Warehouses. 12
17–1201. 13
(A) In this subtitle[, “license” means a license issued by the clerk to keep a storage 14
warehouse] THE FOLLOWING WORDS HAVE THE MEANINGS IN DICATED. 15
(B) “STORAGE WAREHOUSE ” MEANS A BUILDING OR STRUCTUR E USED FOR 16
KEEPING GOODS FOR A FEE, INCLUDING SELF –STORAGE WAREHOUSES . 17
(C) “STORAGE WAREHOUSE LICENSE” MEANS A LICENSE ISSUED BY TH E 18
CLERK TO KEEP A STOR AGE WAREHOUSE . 19
17–1202. 20
A person must have a STORAGE WAREHOUSE license whenever the person keeps a 21
storage warehouse where goods are stored for a fee in the State. 22
17–1203. 23
(A) An applicant for a STORAGE WAREHOUSE license shall pay to the clerk a 24
license fee of: 25
(1) $30 for a storage warehouse in a municipal corporation with a 26
population of not more than 10,000; 27
(2) $50 for a storage warehouse in a municipal corporation OR COUNTY 28
with a population of 10,001 to 20,000; 29
SENATE BILL 496 31
(3) $75 for a storage warehouse in a municipal corporation OR COUNTY 1
with a population of 20,001 to 50,000; or 2
(4) $150 for a storage warehouse in a municipal corporation OR COUNTY 3
with a population of more than 50,000. 4
(B) ALL LICENSE FEES COLL ECTED UNDER THIS SEC TION SHALL BE PAID 5
TO THE COMPTROLLER . 6
17–1204. 7
(a) Before a moving and storage firm or warehouse that stores household goods 8
provides any service, the moving and storage firm or warehouse shall give WRITTEN notice 9
to the buyer of the service that the buyer should get insurance to protect the buyer from 10
loss of goods. 11
(b) [The notice shall be: 12
(1) in writing; 13
(2) printed in 12–point or larger type; and 14
(3) included in the application for service or in a separate statement. 15
(c)] A person who violates this section is guilty of a misdemeanor and, on 16
conviction, is subject to a fine not exceeding $5,000 or imprisonment not exceeding 30 days 17
or both. 18
Subtitle 16. Restaurants. 19
17–1601. 20
(A) In this subtitle[, “restaurant license” means a license issued by the clerk to 21
operate a restaurant or other eating place] THE FOLLOWING WORDS HAVE THE 22
MEANINGS INDICATED . 23
(B) “RESTAURANT” MEANS AN ESTABLISHME NT THAT: 24
(1) ACCOMMODATES THE PUB LIC; 25
(2) PROVIDES SEATING ; AND 26
(3) IS EQUIPPED WITH FAC ILITIES FOR PREPARIN G AND SERVING 27
FOOD. 28
32 SENATE BILL 496
(C) “RESTAURANT LICENSE ” MEANS A LICENSE ISSU ED BY THE CLER K TO 1
OPERATE A RESTAURANT OR OTHER EATING PLAC E. 2
17–1603. 3
A person must have a restaurant license AND A TRADER ’S LICENSE ISSUED 4
UNDER SUBTITLE 18 OF THIS TITLE whenever the person operates a restaurant or other 5
eating place in the State. 6
SUBTITLE 17A. CHAIN STORES. 7
17–17A–01. 8
(A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 9
INDICATED. 10
(B) “CHAIN STORE LICENSE ” MEANS A LICENSE ISSU ED BY THE CLERK TO 11
OPERATE TWO OR MORE STORES UNDER THE SAME GEN ERAL MANAGEMENT OR 12
OWNERSHIP. 13
(C) “GENERAL MANAGEMENT OR OWNERSHIP” MEANS A COMMON OR 14
SHARED MANAGEMENT , SUPERVISION, OR OWNERSHIP OF MORE THAN ONE RETAIL 15
STORE, REGARDLESS OF CORPOR ATE FORM, PURPOSE, OR STRUCTURE . 16
17–17A–02. 17
THIS SUBTITLE DOES NO T APPLY TO A RETAIL SERVICE STATION DEALER, AS 18
DEFINED IN § 10–101 OF THIS ARTICLE, OF WHICH THE PRINCIPAL BUSINESS I S THE 19
SALE OR DISTRIBUTION OF MOTOR FUEL . 20
17–17A–03. 21
A PERSON MUST HAVE A C HAIN STORE LICENSE A ND A TRADER ’S LICENSE 22
ISSUED UNDER SUBTITLE 18 OF THIS TITLE WHENEV ER THE PERSON OPERAT ES 23
TWO OR MORE RETAIL STORE S UNDER THE SAME GENERAL MAN AGEMENT OR 24
OWNERSHIP IN THE STATE. 25
17–17A–04. 26
(A) AN APPLICANT FOR A CHAIN STORE LICENSE SHALL PAY TO THE CLE RK 27
A LICENSE FEE BASED ON THE NUMBER OF LOC ATIONS IN THE STATE. 28
(B) (1) THIS SUBSECTION DOES NOT APPLY IN BALTIMORE CITY, 29
BALTIMORE COUNTY, AND CECIL COUNTY. 30 SENATE BILL 496 33
(2) THE LICENSE FEE IN EA CH COUNTY IS: 1
(I) FOR 2 TO 5 STORES, $5 FOR EACH STORE ; 2
(II) FOR 6 TO 10 STORES, $ 20 FOR EACH STORE ; 3
(III) FOR 11 TO 20 STORES, $100 FOR EACH STORE ; AND 4
(IV) FOR MORE THAN 20 STORES, $150 FOR EACH STORE . 5
(C) IN BALTIMORE CITY AND BALTIMORE COUNTY THE LICENSE FEE IS: 6
(1) FOR 2 TO 5 STORES, $12 FOR EACH STORE ; 7
(2) FOR 6 TO 10 STORES, $50 FOR EACH STORE ; 8
(3) FOR 11 TO 20 STORES, $250 FOR EACH STORE ; AND 9
(4) FOR MORE THAN 20 STORES, $150 FOR EACH STORE . 10
(D) IN CECIL COUNTY THE LICENSE FEE IS: 11
(1) FOR 2 TO 5 STORES, $10 FOR EACH STORE ; 12
(2) FOR 6 TO 10 STORES, $30 FOR EACH STORE ; 13
(3) FOR 11 TO 20 STORES, $100 FOR EACH STORE ; AND 14
(4) FOR MORE THAN 20 STORES, $300 FOR EACH STORE . 15
Subtitle 18. Traders [and Chain Stores]. 16
17–1801. 17
(a) In this subtitle the following words have the meanings indicated. 18
(b) “Blind Industries” means Blind Industries and Services of Maryland. 19
[(c) “Chain store license” means a license issued by the clerk to operate 2 or more 20
stores under the same general management or ownership.] 21
[(d)] (C) “Exhibitor” means a person who rents space from a promoter to display 22
and sell goods at a show. 23 34 SENATE BILL 496
[(e)] (D) “Licensed trader” means a trader who is licensed by the clerk under this 1
subtitle. 2
(E) “MOBILE PLACE OF BUSIN ESS” MEANS A PLACE OF BUS INESS LOCATED 3
IN A TRUCK, TRAILER, OR OTHER VEHICLE AND NOT IN A BUILDING OR OTHER FI XED 4
STRUCTURE. 5
(f) “Promoter” means a person who rents space at a show to an exhibitor. 6
(g) “Show” includes an antique show, coin show, flea market, gun show, stamp 7
show, and show of a temporary nature. 8
[17–1803. 9
(a) Except as otherwise provided by State law and notwithstanding any local 10
ordinance or regulation to the contrary, a manufacturer located and doing business in the 11
State may sell and deliver goods to licensed traders in the State and for doing so need not 12
get a license from or pay a fee to a county, municipal corporation, or other political 13
subdivision. 14
(b) A county or municipal corporation may require a local license to sell goods at 15
auction. 16
(c) Notwithstanding any public general or public local law to the contrary, if a 17
visually handicapped individual or Blind Industries holds a trader’s license under this 18
subtitle, the individual or Blind Industries need not get an additional license or pay an 19
additional license fee to do business as a trader during the term of the trader’s license.] 20
[17–1804.] 17–1803. 21
(a) Except as otherwise provided in this subtitle, a person must have a trader’s 22
license whenever the person: 23
(1) does business as a trader in the State; or 24
(2) does business as an exhibitor in the State. 25
(b) A separate trader’s license is required for each store or [fixed] place of 26
business that a person operates in the State. 27
(C) (1) A SEPARATE TRADER ’S LICENSE IS REQUIRED FOR EACH MOBILE 28
PLACE OF BUSINESS TH AT OPERATES EXCLUSIV ELY IN ONE FIXED LOCATION IN THE 29
STATE. 30
SENATE BILL 496 35
(2) EACH MOBILE PLACE OF BUSINESS THAT OPERAT ES IN MORE 1
THAN ONE LOCATION IN THE STATE REQUIRES A TRADER’S LICENSE AND A 2
PEDDLER’S LICENSE ISSUED UNDER SUBTITLE 9 OF THIS TITLE. 3
[(c)] (D) This section does not apply to: 4
(1) a grower, maker, or manufacturer of goods; 5
(2) a nonresident traveling salesperson, sample merchant, or 6
representative of a foreign mercantile or manufacturing business while selling to or 7
soliciting an order from a licensed trader in the State; or 8
(3) a private individual while publicly selling the individual’s personal 9
effects on the individual’s property, if the individual holds only 1 sale not exceeding 14 10
consecutive days in a calendar year. 11
[(d)] (E) (1) An exhibitor need not get a trader’s license for a show if the show 12
is promoted by: 13
(i) a church, as defined in § 5–301(b) of the Corporations and 14
Associations Article; 15
(ii) a governmental unit; 16
(iii) an amateur radio organization; 17
(iv) an antique vehicle, machine, and equipment organization; 18
(v) a volunteer fire department or rescue squad; or 19
(vi) a model train collectors’ association. 20
(2) An exhibitor need not get a trader’s license for a show if the exhibitor 21
gives to the promoter an exhibitor’s affidavit stating that the exhibitor: 22
(i) receives less than 10% of the exhibitor’s annual income from 23
selling the kind of goods that the exhibitor will display and sell at the show; and 24
(ii) has not participated in more than three shows, not including 25
participation in one show sponsored by a national organization that is exempt from taxation 26
under § 501(c)(3) of the Internal Revenue Code, during the previous 365 days. 27
(3) An exhibitor at an antique show, coin show, or collector show need not 28
get a trader’s license for the show if the exhibitor gives to the promoter an exhibitor’s 29
affidavit stating that the exhibitor: 30
(i) will display and sell at the show; 31 36 SENATE BILL 496
(ii) receives less than 10% of the exhibitor’s annual income in the 1
State from selling the kind of goods that the exhibitor will display and sell at the show; and 2
(iii) has not participated in more than three antique shows, coin 3
shows, or collector shows in the State during the previous 365 days. 4
(4) An exhibitor who has a trader’s license need not get an additional 5
trader’s license for a show if, before the show, the exhibitor gives the promoter a photocopy 6
of the trader’s license. 7
[17–1805. 8
A person must have a chain store license whenever the person operates 2 or more 9
retail stores under the same general management or ownership in the State.] 10
[17–1806.] 17–1804. 11
(a) An applicant for a trader’s license shall state in the application the place 12
where the applicant will do business as a trader. 13
(b) (1) An applicant for a trader’s license may apply under this subsection if 14
the applicant has a defect in vision such that: 15
(i) visual acuity in the applicant’s better eye does not exceed 20/140 16
with correcting lenses; or 17
(ii) the widest diameter of the applicant’s visual field subtends an 18
angle not exceeding 20 degrees. 19
(2) An applicant for a trader’s license under this subsection shall submit to 20
the clerk: 21
(i) a signed certificate, from a licensed physician who specializes in 22
treatment of the eye, that the applicant’s vision meets the standard of paragraph (1) of this 23
subsection; and 24
(ii) an affidavit that the applicant is the owner of the place of 25
business listed in the application. 26
(3) Blind Industries also may apply for a trader’s license under this 27
subsection for a business that it operates, if Blind Industries submits to the clerk an 28
affidavit that: 29
(i) Blind Industries operates the business listed in the application; 30
and 31
SENATE BILL 496 37
(ii) the manager of the business has vision that meets the standard 1
of paragraph (1) of this subsection. 2
[17–1807.] 17–1805. 3
(a) (1) In Baltimore County, the clerk may not issue a trader’s license for the 4
first time without the approval of the zoning commissioner. 5
(2) In an area of Cecil County where the Cecil County Office of Planning 6
and Zoning has jurisdiction, the clerk may not issue a trader’s license for the first time until 7
the applicant has obtained zoning approval from that office. 8
(3) (i) In Howard County, the clerk may not issue a trader’s license for 9
the first time without the approval of the Director of the Office of Planning and Zoning. 10
(ii) Within 3 working days after an application for a trader’s license 11
is submitted for review to the Director of the Office of Planning and Zoning, the Director 12
shall notify the clerk of the approval or disapproval of the application. 13
(4) IN CALVERT COUNTY, THE CLERK MAY NOT IS SUE A TRADER ’S 14
LICENSE WITHOUT THE APPROVAL OF THE DIRECTOR OF THE OFFICE OF PLANNING 15
AND ZONING FOR ALL NEW LICENSES AND FOR ANY CHANGES TO A LOCATIO N FOR 16
AN EXISTING LICENSE . 17
(B) THE CLERK SHALL INDIC ATE ON EACH TRADER ’S LICENSE THE PLACE 18
WHERE THE LICENSED T RADER MAY DO BUSINESS AS A TRA DER. 19
[(b)] (C) (1) This subsection does not apply to a county or municipal 20
corporation that selects a uniform license fee under [§ 17–1807.1] § 17–1806 of this 21
subtitle. 22
(2) A clerk may not issue a trader’s license until the clerk reviews the 23
accuracy of the statement made by the applicant on the application for a trader’s license 24
under [§ 17–1806] § 17–1804 of this subtitle regarding the place where the applicant will 25
do business as a trader. 26
[17–1807.1.] 17–1806. 27
(a) On or before October 1 each year, the governing body of a county or municipal 28
corporation may select a uniform license fee for a trader’s license under [§ 17–1808(b)] § 29
17–1807(B) of this subtitle by submitting its selection on a form provided by the 30
Comptroller and the State Department of Assessments and Taxation. 31
(b) A selection by the governing body of a county or municipal corporation under 32
this section is irrevocable. 33
38 SENATE BILL 496
[17–1808.] 17–1807. 1
(a) (1) Except as otherwise provided in this section, an applicant for a trader’s 2
license shall pay to the clerk a license fee. 3
(2) If the applicant’s business is located in a county or municipal 4
corporation that selects a uniform license fee under [§ 17–1807.1] § 17–1806 of this 5
subtitle, the applicant: 6
(i) shall pay the license fee set forth in subsection (b) of this section; 7
and 8
(ii) if the county or municipal corporation in which the business is 9
located provides a full tax exemption for commercial inventory, may not be required to 10
submit a certification by the State Department of Assessments and Taxation of the value 11
of the goods, fixtures, and stock–in–trade under § 17–302 of this title. 12
(3) If the applicant’s business is located in a county or municipal 13
corporation with a license fee based on the value of the applicant’s stock–in–trade, the 14
applicant shall pay the license fee under subsection (c) of this section. 15
(b) (1) This subsection applies only to a county or municipal corporation that 16
selects a uniform license fee for a trader’s license under [§ 17–1807.1] § 17–1806 of this 17
subtitle. 18
(2) In a county other than Baltimore City or Baltimore County, the license 19
fee is $15. 20
(3) In Baltimore City or Baltimore County, the license fee is $20. 21
(c) (1) This subsection applies only to a county or municipal corporation with 22
a license fee based on the value of the applicant’s stock–in–trade. 23
(2) In a county other than Baltimore City or Baltimore County, the license 24
fee is: 25
(i) $15, if the value of the applicant’s stock–in–trade is not more 26
than $1,000; 27
(ii) $18, if the value is more than $1,000 but not more than $1,500; 28
(iii) $20, if the value is more than $1,500 but not more than $2,500; 29
(iv) $25, if the value is more than $2,500 but not more than $4,000; 30
(v) $30, if the value is more than $4,000 but not more than $6,000; 31
SENATE BILL 496 39
(vi) $40, if the value is more than $6,000 but not more than $8,000; 1
(vii) $50, if the value is more than $8,000 but not more than $10,000; 2
(viii) $65, if the value is more than $10,000 but not more than $15,000; 3
(ix) $80, if the value is more than $15,000 but not more than $20,000; 4
(x) $100, if the value is more than $20,000 but not more than 5
$30,000; 6
(xi) $125, if the value is more than $30,000 but not more than 7
$40,000; 8
(xii) $150, if the value is more than $40,000 but not more than 9
$50,000; 10
(xiii) $200, if the value is more than $50,000 but not more than 11
$75,000; 12
(xiv) $250, if the value is more than $75,000 but not more than 13
$100,000; 14
(xv) $300, if the value is more than $100,000 but not more than 15
$150,000; 16
(xvi) $350, if the value is more than $150,000 but not more than 17
$200,000; 18
(xvii) $400, if the value is more than $200,000 but not more than 19
$300,000; 20
(xviii) $500, if the value is more than $300,000 but not more than 21
$400,000; 22
(xix) $600, if the value is more than $400,000 but not more than 23
$500,000; 24
(xx) $750, if the value is more than $500,000 but not more than 25
$750,000; and 26
(xxi) $800, if the value is more than $750,000. 27
(3) In Baltimore City, the license fee is: 28
(i) $20, if the value of the applicant’s stock–in–trade is not more 29
than $1,000; 30 40 SENATE BILL 496
(ii) $40, if the value is more than $1,000 but not more than $5,000; 1
(iii) $80, if the value is more than $5,000 but not more than $10,000; 2
(iv) $160, if the value is more than $10,000 but not more than 3
$50,000; 4
(v) $375, if the value is more than $50,000 but not more than 5
$100,000; 6
(vi) $1,000, if the value is more than $100,000 but not more than 7
$300,000; 8
(vii) $1,500, if the value is more than $300,000 but not more than 9
$750,000; and 10
(viii) $2,125, if the value is more than $750,000. 11
(4) In Baltimore County, the license fee is: 12
(i) $20, if the value of the applicant’s stock–in–trade is not more 13
than $1,000; 14
(ii) $40, if the value is more than $1,000 but not more than $5,000; 15
(iii) $80, if the value is more than $5,000 but not more than $10,000; 16
(iv) $160, if the value is more than $10,000 but not more than 17
$50,000; 18
(v) $375, if the value is more than $50,000 but not more than 19
$100,000; 20
(vi) $450, if the value is more than $100,000 but not more than 21
$200,000; 22
(vii) $500, if the value is more than $200,000 but not more than 23
$300,000; 24
(viii) $775, if the value is more than $300,000 but not more than 25
$400,000; 26
(ix) $1,000, if the value is more than $400,000 but not more than 27
$500,000; 28
SENATE BILL 496 41
(x) $1,250, if the value is more than $500,000 but not more than 1
$750,000; and 2
(xi) $1,600, if the value is more than $750,000. 3
(d) (1) This subsection does not apply to a domestic corporation that has 4
shares subject to taxation under State law. 5
(2) In determining the value of an applicant’s stock–in–trade, the clerk 6
shall accept as prima facie evidence the values shown on the certification of the State 7
Department of Assessments and Taxation, OR DECLARATION OF IN VENTORY FROM THE 8
APPLICANT, AS required by § 17–302 of this title. 9
(e) A license fee shall be waived for: 10
(1) a visually handicapped applicant who meets the standards of [§ 11
17–1806(b)(1)] § 17–1804(B)(1) of this subtitle; and 12
(2) Blind Industries. 13
[17–1809. 14
(a) This section does not apply to an automobile service station where the 15
principal business is the sale or distribution of motor fuel. 16
(b) (1) An applicant for a chain store license shall pay to the clerk a license fee 17
based on the value of the applicant’s stock–in–trade under § 17–1808 of this subtitle and 18
an additional license fee. 19
(2) In a county other than Baltimore City, Baltimore County, or Cecil 20
County, the additional license fee is: 21
(i) $5 for each store for 2 to 5 stores; 22
(ii) $20 for each store for 6 to 10 stores; 23
(iii) $100 for each store for 11 to 20 stores; or 24
(iv) $150 for each store for more than 20 stores. 25
(3) In Baltimore City or Baltimore County, the additional license fee is: 26
(i) $12 for each store for 2 to 5 stores; 27
(ii) $50 for each store for 6 to 10 stores; 28
(iii) $250 for each store for 11 to 20 stores; or 29 42 SENATE BILL 496
(iv) $375 for each store for more than 20 stores. 1
(4) In Cecil County, the additional license fee is: 2
(i) $10 for each store for 2 to 5 stores; 3
(ii) $30 for each store for 6 to 10 stores; 4
(iii) $100 for each store for 11 to 20 stores; and 5
(iv) $300 for each store for more than 20 stores.] 6
[17–1810. 7
The clerk shall state on each trader’s license the place where the licensed trader may 8
do business as a trader.] 9
[17–1811.] 17–1808. 10
[(a) (1) Except as provided in paragraph (2) of this subsection, a trader’s license 11
authorizes the holder to offer goods for sale in any part of the State.] 12
(A) (1) THE CLERK SHALL STATE ON EACH TRADER ’S LICENSE THE PLACE 13
WHERE THE LICENSEE MAY DO BUSINESS AS A TRADER. 14
(2) [However, a] A trader may keep a [store or fixed] place of business only 15
at the place stated [in] ON the trader’s license. 16
(b) A trader’s license issued to an exhibitor authorizes the holder to do business 17
as an exhibitor at any show in the State. 18
(C) A TRADER’S LICENSE ISSUED TO A PEDDLER, AS DEFINED IN § 17–901 19
OF THIS TITLE, AUTHORIZES THE HOLDE R OF THE TRADER ’S LICENSE TO ACT AS A 20
PEDDLER ONLY IN THE COUNTY WHERE THE TRA DER’S LICENSE WAS ISSUED . 21
[17–1812.] 17–1809. 22
(a) (1) If a trader disputes the value of the trader’s stock–in–trade on which 23
the license fee is based, the trader may submit in accordance with the Tax – Property 24
Article an appeal to the State Department of Assessments and Taxation as to the value of 25
the stock–in–trade. 26
(2) To avoid being in default, the trader may pay the license fee and get a 27
trader’s license with the understanding that the trader will get a refund of any excess 28
amount paid for the trader’s license. 29 SENATE BILL 496 43
(b) (1) If the State Department of Assessments and Taxation reduces the value 1
of the stock–in–trade, resulting in a lower license fee, the licensed trader may get a refund 2
of any excess amount paid by submitting to the clerk who issued the trader’s license: 3
(i) a claim for the refund; and 4
(ii) supporting evidence of the reduction from the State Department 5
of Assessments and Taxation. 6
(2) On approving the claim, the clerk shall pay the refund. 7
(c) If the clerk pays a refund, the clerk shall deduct the amount of the refund from 8
the license fees distributed to the county or municipal corporation that receives the fee. 9
[17–1813.] 17–1810. 10
(a) Except as provided in subsection (b) of this section, a trader may transfer the 11
trader’s license to a person who: 12
(1) buys the stock–in–trade of the trader; and 13
(2) buys or rents the place of business of the trader. 14
(b) (1) A trader’s license issued to a visually handicapped individual or Blind 15
Industries is not transferable. 16
(2) However, Blind Industries may change the manager of the place of 17
business for which a trader’s license was issued if the new manager has vision that meets 18
the standard of [§ 17–1806(b)(1)] § 17–1804(B)(1) of this subtitle. 19
(c) Whenever a trader sells the trader’s stock–in–trade and transfers the trader’s 20
license: 21
(1) the transfer of the trader’s license shall be reported to the clerk who 22
issued the license; and 23
(2) the clerk shall[: 24
(i)] record the transfer of the trader’s license[; and 25
(ii) charge 50 cents for doing so.] 26
(d) (1) In Baltimore County, the clerk may not issue a transferred trader’s 27
license without the approval of the zoning commissioner. 28
44 SENATE BILL 496
[(2) (i) In Howard County, the clerk may not issue a transferred trader’s 1
license without the approval of the Director of the Office of Planning and Zoning. 2
(ii) Within 3 working days after an application for issuance of a 3
transferred trader’s license is submitted for review by the Director of the Office of Planning 4
and Zoning, the Director shall notify the clerk of the approval or disapproval of the 5
application.] 6
(2) IN CALVERT COUNTY, THE CLERK MAY NOT IS SUE A 7
TRANSFERRED TRADER ’S LICENSE UNLESS THE ZONING REQUIREMENTS UNDER § 8
17–307 OF THIS TITLE ARE ME T. 9
(e) A person who buys a trader’s license may do business as a trader for the rest 10
of the term of the trader’s license. 11
[17–1814.] 17–1811. 12
(a) A promoter may not allow an exhibitor to do business at a show unless, before 13
the show, the exhibitor submits to the promoter: 14
(1) a photocopy of the trader’s license of the exhibitor; or 15
(2) an exhibitor’s affidavit in accordance with § [17–1804(d)(2)] 16
17–1803(D)(2) or (3) of this subtitle. 17
(b) The exhibitor’s affidavit or the photocopy of the trader’s license shall be 18
displayed conspicuously during the show. 19
(c) Within 7 days after a show ends, the promoter shall submit to the Comptroller 20
the exhibitors’ affidavits. 21
[17–1815. 22
(a) (1) In this section the following words have the meanings indicated. 23
(2) “Yacht brokerage” means the sale of new or used vessels. 24
(3) (i) “Yacht salesperson” means an individual who provides yacht 25
brokerage services on behalf of a licensed trader. 26
(ii) “Yacht salesperson” includes a licensed yacht broker. 27
(b) Subject to the provisions of this section, a licensed trader who sells yachts 28
may, at the trader’s option, utilize as an independent contractor, employ, or otherwise 29
contract with a yacht salesperson. 30
SENATE BILL 496 45
(c) A yacht salesperson: 1
(1) may operate under a trader’s license; and 2
(2) is not required to be licensed personally. 3
(d) (1) A licensed trader shall exercise reasonable and adequate supervision 4
over the provision of yacht brokerage services by a yacht salesperson on behalf of the trader. 5
(2) The requirement of paragraph (1) of this subsection shall apply 6
regardless of the manner in which a yacht salesperson is affiliated with the trader on whose 7
behalf the services are rendered.] 8
[17–1816.] 17–1812. 9
A person, including a licensed physician, who violates or conspires to violate any 10
provision of this subtitle that relates to trader’s licenses for visually handicapped 11
individuals or Blind Industries is guilty of a misdemeanor and, on conviction, is subject to 12
a fine not exceeding $1,000 or imprisonment not exceeding 6 months or both. 13
Subtitle 19. Vending Machines. 14
17–1902. 15
This subtitle does not apply to: 16
(1) the sale or offering for sale of [cigarettes,] newspapers, magazines, 17
paper cups, paper or cloth towels, soap, toilet seat covers, postage stamps, or sanitary 18
napkins; [or] 19
(2) the sale or offering for sale of merchandise through a bulk vending 20
machine as defined in § 11–201.1 of the Tax – General Article; OR 21
(3) THE SALE OF TOBACCO PRODUCTS THROUGH A V ENDING 22
MACHINE UNDER TITLE 16, SUBTITLE 3A OF THIS ARTICLE. 23
17–1904. 24
(A) An applicant for a vending machine license shall pay to the clerk a license fee 25
of $2.50 for each vending machine. 26
(B) ALL VENDING MACHINE LICENSE FEES COLLECT ED UNDER THIS 27
SECTION SHALL BE PAI D TO THE COMPTROLLER . 28
17–1905. 29
46 SENATE BILL 496
(a) [The clerk shall give each vending machine licensee an identification label for 1
each vending machine.] THE COMPTROLLER SHALL PRI NT AND DELIVER TO TH E 2
CLERK A LICENSE STIC KER FOR EACH VENDING MACHINE. 3
(B) THE CLERK SHALL GIVE EACH VENDING MACHINE LICENSEE A L ICENSE 4
STICKER FOR EACH VEN DING MACHINE . 5
[(b)] (C) (1) Subject to regulations adopted by the Comptroller, the 6
[identification label] LICENSE STICKER shall be attached to the vending machine so that 7
the identification label is easily visible. 8
(2) In addition, the name and telephone number of the vending machine 9
licensee or owner of the vending machine shall be displayed on each vending machine so 10
that the name and telephone number are easily visible. 11
[(c)] (D) (1) If an inspector finds that a vending machine does not display the 12
[identification label] LICENSE STICKER required by this section, the inspector promptly 13
shall: 14
(i) notify the vending machine licensee or owner in writing of the 15
violation; and 16
(ii) require that the vending machine licensee or owner display the 17
[identification label] LICENSE STICKER properly within 10 days after receiving notice of 18
the violation. 19
(2) If the vending machine licensee or owner fails to display the 20
[identification label] LICENSE STICKE R properly within 10 days, the inspector shall: 21
(i) seal the vending machine to prevent further use; and 22
(ii) take necessary action to enforce the licensing provisions of this 23
subtitle. 24
(3) If neither the [identification label] LICENSE STICKER nor the name 25
and telephone number of the vending machine licensee or owner are displayed properly, 26
the inspector: 27
(i) immediately shall seal the vending machine to prevent further 28
use; and 29
(ii) shall take necessary action to enforce this subtitle. 30
17–1906. 31
SENATE BILL 496 47
(a) A person may not sell goods or offer goods for sale through a vending machine 1
in the State unless the person has a vending machine license that covers that machine. 2
(B) AN UNAUTHORIZED PERSON MAY NOT REMOV E OR TAMPER WITH A 3
LICENSE STICKER OR S EAL ON A VENDING MAC HINE. 4
[(b)] (C) A person who violates ANY PROVISION OF this [section] SUBTITLE is 5
guilty of a misdemeanor and, on conviction, is subject to a fine not exceeding $100. 6
[17–1907. 7
(a) An unauthorized person may not remove or tamper with a seal on a vending 8
machine. 9
(b) A person who violates this section is guilty of a misdemeanor and, on 10
conviction, is subject to a fine not exceeding $100.] 11
Subtitle 21. General Prohibited Acts; Penalties. 12
17–2101. 13
In this subtitle, “license” has the meaning stated in [§ 17–201] §§ 17–101 AND 14
17–201 of this title. 15
17–2103. 16
A person may not fail to display a license, LICENSE STICKER, OR METAL TAG as 17
required by this title. 18
SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect 19
October 1, 2022. 20