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