Maryland 2022 Regular Session

Maryland Senate Bill SB496 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	LAWRENCE J. HOGAN, JR., Governor Ch. 315
2		-
3		-	– 1 –
4		-	Chapter 315
5		-	(Senate Bill 496)
6		-
7		-	AN ACT concerning
8		-
9		-	Business Regulation – Miscellaneous State Business Licenses – Alterations
10		-
11		-	FOR the purpose of altering certain administrative and enforcement provisions for business
12		-	licenses issued in the State; altering certain licensing provisions for certain
13		-	businesses in the State, including construction, garages, peddlers, junk dealers and
14		-	scrap metal processors, laundries and dry cleaners, storage warehouses, restaurants,
15		-	chain stores, traders, and vending machines; repealing the provisions of law for the
16		-	licensure of amusement devices, wholesale farm machinery dealers, plumbers and
17		-	gas fitters, and trading stamp issuers; and generally relating to the issuance of
18		-	business licenses in the State.
19		-
20		-	BY repealing
21		-	Article – Business Regulation
22		-	Section 17–203 through 17–205; 17–401 through 17–454 and the subtitle “Subtitle
23		-	4. Amusement Devices”; 17–701 through 17–703 and the subtitle “Subtitle 7.
24		-	Wholesale Farm Machinery Dealers”; 17–904, 17–910, 17–913, and 17–915;
25		-	the part designation “Part I. Definitions” immediately preceding Section
26		-	17–1001; 17–1005 and the part “Part II. State Licensing”; 17–1009; 17–1501
27		-	through 17–1504 and the subtitle “Subtitle 15. Plumbers and Gas Fitters”;
28		-	17–1803, 17–1805, 17–1809, 17–1810, 17–1815; 17–1907; and 17–2001
29		-	through 17–2003 and the subtitle “Subtitle 20. Trading Stamp Issuers”
30		-	Annotated Code of Maryland
31		-	(2015 Replacement Volume and 2021 Supplement)
32		-
33		-	BY repealing and reenacting, with amendments,
34		-	Article – Business Regulation
35		-	Section 17–101, 17–102, 17–201, 17–202(e), 17–206, 17–301, 17–302, 17–303(c),
36		-	17–305(a), 17–601, 17–602, 17–603, 17–801, 17–901, 17–907,
37		-	17–908, 17–911, 17–912, 17–1001, 17–1006, 17–1007, 17–1008, 17–1010,
38		-	17–1011, 17–1012, 17–1013, 17–1101, 17–1102, 17–1201 through 17–1204,
39		-	and 17–1601, and 17–1603; 17–1801, 17–1804, 17–1806, 17–1807, 17–1807.1,
40		-	17–1808, 17–1811, 17–1812, 17–1813, 17–1814, and 17–1816 to be under the
41		-	amended subtitle “Subtitle 18. Traders”; and 17–1902, 17–1904, 17–1905,
42		-	17–1906, 17–2101, and 17–2103
43		-	Annotated Code of Maryland
44		-	(2015 Replacement Volume and 2021 Supplement)
45		-
46		-	BY adding to
47		-	Article – Business Regulation
48		-	Section 17–202(e) and 17–303(d); and 17–17A–01 through 17–17A–04 to be under
49		-	the new subtitle “Subtitle 17A. Chain Stores” Ch. 315 2022 LAWS OF MARYLAND
50		-
51		-	– 2 –
52		-	Annotated Code of Maryland
53		-	(2015 Replacement Volume and 2021 Supplement)
54		-
55		-	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
56		-	That Section(s) 17–401 through 17–454 and the subtitle “Subtitle 4. Amusement Devices”;
57		-	17–701 through 17–703 and the subtitle “Subtitle 7. Wholesale Farm Machinery Dealers”;
58		-	17–1501 through 17–1504 and the subtitle “Subtitle 15. Plumbers and Gas Fitters”; and
59		-	17–2001 through 17–2003 and the subtitle “Subtitle 20. Trading Stamp Issuers” of Article
60		-	– Business Regulation of the Annotated Code of Maryland be repealed.
61		-
62		-	SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland read
63		-	as follows:
64		-
65		-	Article – Business Regulation
66		-
67		-	Subtitle 1. Definitions; General Provisions.
68		-
69		-	17–101.
70		-
71		-	(a) In this title the following words have the meanings indicated.
72		-
73		-	(b) “Goods” means tangible personal property , ITEMS OF TRADE ,
74		-	MERCHANDISE , OR OTHER TYPES OF PR ODUCTS SOLD AT WHOLE SALE OR RETAIL .
75		-
76		-	(C) “LICENSE” MEANS A LICENSE ISSU ED UNDER THIS TITLE .
77		-
78		-	[(c)] (D) (1) “Sale” [includes barter] MEANS THE EXCHANGE O R
79		-	TRANSFER, OR THE AGREEMENT TO CHANGE OR TRANSFER , TITLE OR POSSESSION
80		-	OF GOODS IN ANY MANN ER FOR CONSIDERATION .
81		-
82		-	(2) “SALE” INCLUDES BARTER .
83		-
84		-	[(d)] (E) “Sell” includes barter.
85		-
86		-	(F) “STOCK–IN–TRADE” MEANS:
87		-
88		-	(1) GOODS HELD FOR SALE A ND REPORTED AS INVEN TORY ON THE
89		-	BUSINESS PERSONAL PROPERTY TAX RETURN FILED WITH THE STATE
90		-	DEPARTMENT OF ASSESSMENTS AND TAXATION; OR
91		-
92		-	(2) EXCEPT FOR ALCOHOLIC BEVERAGES, GOODS HELD FOR SALE
93		-	AND REPORTED AS INVE NTORY ON THE BUSINESS PERSONAL PROPERTY TAX
94		-	RETURN FILED WITH THE STATE DEPARTMENT OF ASSESSMENTS AND TAXATION
95		-	FOR DETERMINING THE VALUATION OF A TRADE R’S LICENSE UNDER SUBTITLE 18
96		-	OF THIS TITLE. LAWRENCE J. HOGAN, JR., Governor Ch. 315
97		-
98		-	– 3 –
99		-
100		-	[(e)] (G) “Trader” [includes] MEANS a person who operates a room or other place
101		-	of business for selling goods, INCLUDING GOODS SOLD at auction.
102		-
103		-	[(f)] (H) “Trader’s license” means a license issued by the clerk to do business as
104		-	a trader.
105		-
106		-	17–102.
107		-
108		-	(A) THIS TITLE APPLIES TO A PERSON WHO IS ENGA GED IN A FOR–PROFIT
109		-	BUSINESS.
110		-
111		-	(B) This title does not apply to [a person who does not buy or sell in a trade or
112		-	business carried on for profit]:
113		-
114		-	(1) A PERSON WHO IS ENGA GED IN A NOT–FOR–PROFIT BUSINESS OR
115		-	A BUSINESS EXEMPT FR OM TAXATION UNDER TH E FEDERAL INTERNAL REVENUE
116		-	CODE; OR
117		-
118		-	(2) A GOVERNMENTAL UNIT .
119		-
120		-	Subtitle 2. Administration and Enforcement.
121		-
122		-	17–201.
123		-
124		-	(a) In this subtitle, “license” means a license issued by a clerk under this title.
125		-
126		-	(b) In this subtitle, “license” includes:
127		-
128		-	[(1) a console machine license issued under Subtitle 4 of this title;
129		-
130		-	(2) a pinball machine license issued under Subtitle 4 of this title;
131		-
132		-	(3) a Wicomico County pinball machine license issued under Subtitle 4 of
133		-	this title;
134		-
135		-	(4) a Garrett County amusement device license issued under Subtitle 4 of
136		-	this title;
137		-
138		-	(5) a billiard table license issued under Subtitle 5 of this title;]
139		-
140		-	[(6)] (1) a construction license issued under Subtitle 6 of this title;
141		-
142		-	[(7)] (2) a nonresident construction license issued under Subtitle 6 of this
143		-	title; Ch. 315 2022 LAWS OF MARYLAND
144		-
145		-	– 4 –
146		-
147		-	[(8) a wholesale farm machinery dealer’s license issued under Subtitle 7 of
148		-	this title;]
149		-
150		-	[(9)] (3) a garage license issued under Subtitle 8 of this title;
151		-
152		-	[(10)] (4) a peddler license issued under Subtitle 9 of this title;
153		-
154		-	[(11)] (5) a CALVERT COUNTY magazine seller license issued under
155		-	Subtitle 9 of this title;
156		-
157		-	[(12)] (6) a junk dealer or scrap metal processor license issued under
158		-	Subtitle 10 of this title;
159		-
160		-	[(13)] (7) an agent license issued under Subtitle 10 of this title;
161		-
162		-	[(14)] (8) a Calvert County junk dealer or scrap metal processor license
163		-	issued under Subtitle 10 of this title;
164		-
165		-	[(15)] (9) a license to do the business of cleaning, dyeing, pressing, or
166		-	laundering ON–SITE issued under Subtitle 11 of this title;
167		-
168		-	[(16)] (10) a [license to keep a] storage warehouse LICENSE issued under
169		-	Subtitle 12 of this title;
170		-
171		-	[(17) a State juke box license issued under Subtitle 13 of this title;
172		-
173		-	(18) a Harford County juke box license issued under Subtitle 13 of this title;]
174		-
175		-	[(19)] (11) a promoter license issued under Subtitle 14 of this title;
176		-
177		-	[(20) a plumber’s license issued under Subtitle 15 of this title;]
178		-
179		-	[(21)] (12) a restaurant license issued under Subtitle 16 of this title;
180		-
181		-	[(22)] (13) a trader’s license issued under Subtitle 18 of this title;
182		-
183		-	[(23)] (14) a chain store license issued under Subtitle [18] 17A of this title;
184		-	AND
185		-
186		-	[(24)] (15) a vending machine license issued under Subtitle 19 of this title[;
187		-	and
188		-	LAWRENCE J. HOGAN, JR., Governor Ch. 315
189		-
190		-	– 5 –
191		-	(25) a license to do business as a trading stamp issuer issued under Subtitle
192		-	20 of this title].
193		-
194		-	17–202.
195		-
196		-	(E) THE COMPTROLLER SHALL MAK E ALL LICENSE MATERI ALS, INCLUDING
197		-	STICKERS, AVAILABLE TO THE CLE RKS ON OR BEFORE APRIL 1 EACH YEAR.
198		-
199		-	[(e)] (F) The Comptroller may adopt regulations to:
200		-
201		-	(1) carry out this title; and
202		-
203		-	(2) define any term used in this title.
204		-
205		-	[17–203.
206		-
207		-	(a) The Comptroller shall:
208		-
209		-	(1) cause to be printed or otherwise prepared, in the form required by law
210		-	or usage, blank licenses of each kind authorized by law; and
211		-
212		-	(2) deliver to the clerks the number and kind of blank licenses that they
213		-	need.
214		-
215		-	(b) (1) Before May 1 of each year, each clerk shall apply to the Comptroller for
216		-	the number of blank licenses that the clerk is likely to need for the year that begins on May
217		-	1.
218		-
219		-	(2) Each clerk shall apply to the Comptroller for blank licenses at other
220		-	times as necessary.
221		-
222		-	(c) If a clerk fails to comply with subsection (b) of this section, the clerk shall pay
223		-	a penalty of $1,000 for each violation.]
224		-
225		-	[17–204.
226		-
227		-	(a) On or before the first Monday of June and the first Monday of December of
228		-	each year, each clerk shall submit to the Comptroller, under oath, a list and account of
229		-	licenses issued by the clerk.
230		-
231		-	(b) The list shall contain:
232		-
233		-	(1) the number of licenses issued;
234		-
235		-	(2) the kind of each license issued;
236		-	Ch. 315 2022 LAWS OF MARYLAND
237		-
238		-	– 6 –
239		-	(3) the date of issuance of each license;
240		-
241		-	(4) the license fee received for each license;
242		-
243		-	(5) the name of each licensee; and
244		-
245		-	(6) the number and kind of any blank licenses remaining unissued.
246		-
247		-	(c) If a clerk fails to comply with this section, the Comptroller shall:
248		-
249		-	(1) charge the clerk, at the rates set by law, with the whole amount of blank
250		-	licenses delivered to the clerk; and
251		-
252		-	(2) immediately bring suit against the official bond of the clerk to recover
253		-	that amount.]
254		-
255		-	[17–205.
256		-
257		-	On or before the tenth day of each month, each clerk shall send to the State
258		-	Department of Assessments and Taxation a copy of each license and the application for
259		-	each license that the clerk issued during the preceding month.]
260		-
261		-	[17–206.] 17–203.
262		-
263		-	(a) This section does not apply to:
264		-
265		-	(1) [a console machine license, pinball machine license, Wicomico County
266		-	pinball machine license, or Garrett County amusement device license issued under Subtitle
267		-	4 of this title;
268		-
269		-	(2)] a Calvert County peddler license or magazine seller license issued
270		-	under Subtitle 9 of this title;
271		-
272		-	[(3)] (2) a junk dealer or scrap metal processor license[,] OR agent
273		-	license[, or Calvert County junk dealer or scrap metal processor license] issued under
274		-	Subtitle 10 of this title;
275		-
276		-	[(4)] (3) a [license to keep a] storage warehouse LICENSE issued under
277		-	Subtitle 12 of this title;
278		-
279		-	[(5)] (4) a promoter license issued under Subtitle 14 of this title; OR
280		-
281		-	[(6)] (5) a vending machine license issued under Subtitle 19 of this title[;
282		-	or
283		-	LAWRENCE J. HOGAN, JR., Governor Ch. 315
284		-
285		-	– 7 –
286		-	(7) a license to do business as a trading stamp issuer issued under Subtitle
287		-	20 of this title].
288		-
289		-	(b) Except as provided in subsections (a) and (c) of this section or otherwise in this
290		-	title, each clerk shall account for and distribute the LICENSE fees received for licenses
291		-	issued under this title as follows:
292		-
293		-	(1) the clerk shall pay into the General Fund of the State:
294		-
295		-	(i) the percentage of license fees authorized [by law as a fee of the
296		-	office;
297		-
298		-	(ii) the additional issuance fee now allowed; and] UNDER § 2–213
299		-	OF THE COURTS ARTICLE; AND
300		-
301		-	[(iii)] (II) 3% of license fees to defray the expenses of the State
302		-	License Bureau; and
303		-
304		-	(2) [except as provided in subsection (d) of this section,] the clerk shall
305		-	distribute the remaining license fees:
306		-
307		-	(i) to the municipal corporation where the licensed business or
308		-	activity is located, if the licensed business or activity is located in a municipal corporation;
309		-	or
310		-
311		-	(ii) to the county where the licensed business or activity is located, if
312		-	the licensed business or activity is not located in a municipal corporation.
313		-
314		-	(c) A clerk shall account for and pay into the General Fund of the State the entire
315		-	fee received for a trader’s license issued in a county or municipal corporation that selects a
316		-	uniform license fee under [§ 17–1807.1] § 17–1806 of this title.
317		-
318		-	(D) THE CLERK SHALL PAY A LL ISSUANCE FEES INT O THE GENERAL FUND
319		-	OF THE STATE.
320		-
321		-	[(d)] (E) (1) For purposes of this subsection, per capita revenue shall be
322		-	computed by using the population figures from the later of:
323		-
324		-	(i) the most recent federal census; or
325		-
326		-	(ii) an official local census.
327		-
328		-	(2) The clerk may not distribute license fees to a county or municipal
329		-	corporation unless the county or municipal corporation:
330		-	Ch. 315 2022 LAWS OF MARYLAND
331		-
332		-	– 8 –
333		-	(i) levies, in its current fiscal year, taxes sufficient to collect at least
334		-	$1.00 per capita in revenue; and
335		-
336		-	(ii) certifies to the Comptroller a copy of the levy.
337		-
338		-	(3) THE COMPTROLLER SHALL NOT IFY THE CLERK IF A C OUNTY OR
339		-	MUNICIPALITY HAS NOT CERTIFIED A COPY OF THE LEVY AS REQUIRED UNDER
340		-	PARAGRAPH (2) OF THIS SUBSECTION .
341		-
342		-	[(3)] (4) The clerk shall pay into the General Fund of the State any money
343		-	that is not distributed at the end of the fiscal year of a county or municipal corporation
344		-	because the county or municipal corporation failed to make the levy and certification
345		-	required by paragraph (2) of this subsection.
346		-
347		-	Subtitle 3. General Business Licensing Provisions.
348		-
349		-	17–301.
350		-
351		-	In this subtitle, “license” has the meaning stated in [§ 17–201] §§ 17–101 AND
352		-	17–201 of this title.
353		-
354		-	17–302.
355		-
356		-	(a) (1) [Except] SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION A ND
357		-	EXCEPT as otherwise provided in this title, an applicant for a NEW license under this title
358		-	shall SUBMIT TO THE CLERK :
359		-
360		-	[(1)] (I) [submit to the clerk, in duplicate,] an application [on the form]
361		-	that the clerk provides; AND
362		-
363		-	[(2) submit to the clerk a receipt or certificate for taxes in accordance with
364		-	subsection (c) of this section; and]
365		-
366		-	[(3)] (II) [pay to the clerk] PAYMENT OF the appropriate license fee
367		-	required by this title.
368		-
369		-	(2) IF AN APPLICANT IS AP PLYING FOR A NEW TRA DER’S LICENSE
370		-	UNDER IN A COUNTY OR MUNIC IPALITY THAT HAS NOT SELECTED A UNIFORM
371		-	LICENSE FEE UNDER § 17–1806 OF THIS TITLE, THE APPLICANT SHALL SUBMIT TO
372		-	THE CLERK A CERTIFIC ATION BY THE STATE DEPARTMENT OF ASSESSMENTS AND
373		-	TAXATION, OR OTHER CERTIFICATI ON ACCEPTABLE TO THE CLERK, OF THE VALUE
374		-	OF THE STOCK–IN–TRADE REPORTED AS IN VENTORY ON THE BUSINESS PERSONAL
375		-	PROPERTY TAX RETURN IN EACH COUNTY WHERE THE BU SINESS IS LOCATED FO R
376		-	THE APPROPRIATE VALU ATION YEAR. LAWRENCE J. HOGAN, JR., Governor Ch. 315
377		-
378		-	– 9 –
379		-
380		-	(b) (1) [Each application for a license shall be verified in the way and contain
381		-	the information that the Comptroller requires by regulation.] SUBJECT TO PARAGRAPH
382		-	(2) OF THIS SUBSECTION A ND EXCEPT AS OTHERWISE PROVIDED I N THIS TITLE, A
383		-	LICENSEE APPLYING FO R RENEWAL OF A LICEN SE SHALL SUBMIT TO T HE CLERK,
384		-	ELECTRONICALLY OR OT HERWISE:
385		-
386		-	(I) A CERTIFICATION BY T HE COUNTY TREASURER UNDER
387		-	SUBSECTION (C) OF THIS SECTION THAT THERE ARE NO UNPAID TAXES DUE TO THE
388		-	STATE OR COUNTY ON TH E FIXTURES OR STOCK –IN–TRADE; AND
389		-
390		-	(II) PAYMENT OF THE APPRO PRIATE LICENSE FEE R EQUIRED BY
391		-	THIS TITLE.
392		-
393		-	(2) IF A LICENSEE IS APPL YING TO RENEW A TRAD ER’S LICENSE
394		-	UNDER THIS TITLE , THE LICENSEE SHALL S UBMIT TO THE CLERK A CERTIFICATION
395		-	BY THE STATE DEPARTMENT OF ASSESSMENTS AND TAXATION, OR OTHER
396		-	CERTIFICATION ACCEPT ABLE TO THE CLERK , OF THE VALUE OF THE FIXTURES AND
397		-	STOCK–IN–TRADE REPORTED AS IN VENTORY ON THE BUSINESS PERSONAL
398		-	PROPERTY TAX RETURN IN EACH COUNTY WHERE THE BUS INESS IS LOCATED FOR
399		-	THE APPLICANT ’S BUSINESS FOR THE A PPROPRIATE VALUATION YEAR.
400		-
401		-	(c) (1) In this subsection, “county treasurer” includes the Director of Finance
402		-	or other chief fiscal officer of a county that does not have a county treasurer.
403		-
404		-	(2) This subsection does not apply to a domestic corporation that has
405		-	shares subject to taxation under State law.
406		-
407		-	(3) Except as otherwise provided in this title, [an applicant] A LICENSEE
408		-	APPLYING for RENEWAL OF a license shall submit to the clerk, ELECTRONICA LLY OR
409		-	OTHERWISE :
410		-
411		-	(i) [a certification by the State Department of Assessments and
412		-	Taxation of the value of the goods, fixtures, and stock in trade in each county where the
413		-	business is located for the applicant’s business for the valuation year;
414		-
415		-	(ii)] a certification by the county treasurer of that county, IF
416		-	APPLICABLE, that there are no unpaid taxes due to the [State or] county on the [goods,]
417		-	fixtures[, or stock in trade] OR STOCK–IN–TRADE; [and]
418		-
419		-	[(iii)] (II) a certification by the municipal corporation, if any, where
420		-	the business is located that there are no unpaid taxes due to the municipal corporation on
421		-	the [goods,] fixtures[, or stock in trade] OR STOCK–IN–TRADE; AND
422		-	Ch. 315 2022 LAWS OF MARYLAND
423		-
424		-	– 10 –
425		-	(III) A CERTIFICATION BY T HE COMPTROLLER THAT THER E ARE
426		-	NO UNPAID TAXES DUE TO THE STATE.
427		-
428		-	[(4)] (D) In this [subsection] SECTION, the valuation year:
429		-
430		-	[(i)] (1) in Washington County, is the fiscal year that includes May
431		-	1 of the calendar year when the license is issued; or
432		-
433		-	[(ii)] (2) in each other county, is the [last] SECOND PRECEDING
434		-	calendar year before the year for which the license is sought.
435		-
436		-	[(d)] (E) (1) This subsection applies only in Calvert County.
437		-
438		-	(2) The clerk may not issue a license under this title for the first time to a
439		-	business that will be located in Calvert County unless the applicant submits to the clerk a
440		-	certification that the location of the business for which the license is sought is zoned for the
441		-	type of business for which the applicant is seeking a license.
442		-
443		-	(3) The certification must be issued from:
444		-
445		-	(i) the Calvert County Department of Planning and Zoning; or
446		-
447		-	(ii) the appropriate municipal corporation, if the location of the
448		-	proposed business is within the boundaries of a municipal corporation.
449		-
450		-	(F) EACH APPLICATION FOR A LICENSE SHALL CONT AIN ANY INFORMATION
451		-	REQUIRED BY THE COMPTROLLER IN REGULA TION.
452		-
453		-	17–303.
454		-
455		-	(c) (1) A person who must have a license under this title but does not get the
456		-	license on time shall pay to the clerk, in addition to the required license fee, a late fee.
457		-
458		-	(2) [The] SUBJECT TO PARAGRAPH (3) OF THIS SUBSECTION , THE late
459		-	fee shall be the sum of:
460		-
461		-	(i) 10% of the required license fee for the calendar month following
462		-	the calendar month when the required license fee is due; and
463		-
464		-	(ii) 2% of the required license fee for each calendar month or part of
465		-	a month after that.
466		-
467		-	(3) A LATE FEE IMPOSED UND ER THIS SUBSECTION M AY NOT EXCEED
468		-	30% OF THE REQUIRED LICE NSE FEE FOR THE LICE NSE YEAR.
469		-	LAWRENCE J. HOGAN, JR., Governor Ch. 315
470		-
471		-	– 11 –
472		-	(D) THE COMPTROLLER SHALL CHA RGE AN ISSUANCE FEE FOR EAC H
473		-	LICENSE THAT IS ISSU ED OR TRANSFERRED .
474		-
475		-	17–305.
476		-
477		-	(a) (1) Except as otherwise provided in this title, a license is effective on May
478		-	1.
479		-
480		-	(2) Whenever a person begins business after May 31, the clerk shall issue
481		-	a license that is effective on the [first of the month when the person begins business under
482		-	the license] DATE OF ISSUANCE .
483		-
484		-	Subtitle 6. Construction.
485		-
486		-	17–601.
487		-
488		-	(a) In this subtitle the following words have the meanings indicated.
489		-
490		-	(b) “Construction license” means a license issued by the clerk to do construction
491		-	business.
492		-
493		-	(c) (1) “Do construction business” means to agree to:
494		-
495		-	[(1)] (I) pave or curb a sidewalk, street, or other public or private
496		-	property;
497		-
498		-	[(2)] (II) excavate earth, rock, or other material for a foundation or other
499		-	purpose; or
500		-
501		-	[(3)] (III) do work on or in a building or other structure that requires the
502		-	use of a building material, including:
503		-
504		-	[(i)] 1. paint;
505		-
506		-	[(ii)] 2. stone;
507		-
508		-	[(iii)] 3. brick;
509		-
510		-	[(iv)] 4. mortar;
511		-
512		-	[(v)] 5. wood;
513		-
514		-	[(vi)] 6. cement;
515		-
516		-	[(vii)] 7. structural iron; Ch. 315 2022 LAWS OF MARYLAND
517		-
518		-	– 12 –
519		-
520		-	[(viii)] 8. structural steel;
521		-
522		-	[(ix)] 9. sheet iron;
523		-
524		-	[(x)] 10. galvanized iron;
525		-
526		-	[(xi)] 11. metallic piping;
527		-
528		-	[(xii)] 12. tin;
529		-
530		-	[(xiii)] 13. lead;
531		-
532		-	[(xiv)] 14. electric wiring; or
533		-
534		-	[(xv)] 15. any other metal.
535		-
536		-	(2) “DO CONSTRUCTION BUSIN ESS” DOES NOT INCLUDE HOM E
537		-	IMPROVEMENT AS DEFIN ED IN § 8–101 OF THIS ARTICLE.
538		-
539		-	(d) “Nonresident construction license” means a construction license issued by the
540		-	clerk to a person who is incorporated or has its principal office in another state.
541		-
542		-	17–602.
543		-
544		-	(a) Except as provided in § 8–317 of this article, a person must have a construction
545		-	license whenever the person does construction business in the State.
546		-
547		-	(b) [(1)] [Except as provided in paragraph (3) of this subsection, a] A person who
548		-	is incorporated or has its principal office in another state must [also] have a nonresident
549		-	construction license, IN ADDITION TO ANY O THER LICENSE REQUIRE D BY LAW,
550		-	whenever the person does construction business in this State.
551		-
552		-	[(2) Except as provided in paragraph (3) of this subsection, an additional
553		-	nonresident construction license is required for each contract to do construction business
554		-	in this State if the gross amount of the contract exceeds $1,000.
555		-
556		-	(3) No nonresident construction license is required if the state where the
557		-	person is incorporated or has its principal office does not require a similar license for a
558		-	Maryland contractor doing construction business in that state.]
559		-
560		-	(C) (1) A CONSTRUCTION LICENSE MUST B E ISSUED IN THE COUN TY
561		-	WHERE THE CONSTRUCTI ON BUSINESS HAS ITS PRINCIPAL PLACE OF B USINESS.
562		-	LAWRENCE J. HOGAN, JR., Governor Ch. 315
563		-
564		-	– 13 –
565		-	(2) A NONRESIDENT CONSTRUC TION LICENSE MUST BE ISSUED IN
566		-	THE COUNTY WHERE THE CONSTRUCTION BUSINES S FIRST DOES CONSTRU CTION
567		-	BUSINESS IN THE STATE.
568		-
569		-	(D) A CONSTRUCTION LICENSE OR NONRESIDENT CONST RUCTION LICENSE
570		-	UNDER THIS SUBTITLE AUTHORIZES THE LICEN SEE TO DO CONSTRUCTI ON
571		-	BUSINESS IN THE STATE.
572		-
573		-	17–603.
574		-
575		-	[(a)] An applicant for a construction license OR NONRESIDENT CONST RUCTION
576		-	LICENSE shall pay to the clerk a license fee of:
577		-
578		-	(1) $15 for a [construction] license in a county other than Baltimore City,
579		-	Baltimore County, or Cecil County;
580		-
581		-	(2) $40 for a [construction] license in Baltimore City or Baltimore County;
582		-	or
583		-
584		-	(3) $30 for a [construction] license in Cecil County.
585		-
586		-	[(b) (1) Except as provided in paragraph (2) of this subsection, an applicant for
587		-	a nonresident construction license shall pay to the clerk:
588		-
589		-	(i) a license fee of:
590		-
591		-	1. $50 for a nonresident construction license in a county
592		-	other than Baltimore City or Baltimore County; or
593		-
594		-	2. $60 for a nonresident construction license in Baltimore
595		-	City or Baltimore County; and
596		-
597		-	(ii) for each contract for which the applicant is required to get an
598		-	additional nonresident construction license, an additional license fee of:
599		-
600		-	1. $50, if the contract will be performed in a county other
601		-	than Baltimore City or Baltimore County; or
602		-
603		-	2. $60, if the contract will be performed in Baltimore City or
604		-	Baltimore County.
605		-
606		-	(2) An applicant for a nonresident construction license who is incorporated
607		-	or has its principal office in another state shall pay to the clerk the total fees imposed in
608		-	that state on a similar nonresident business if the total fees are higher than the total license
609		-	fees under this section.] Ch. 315 2022 LAWS OF MARYLAND
610		-
611		-	– 14 –
612		-
613		-	Subtitle 8. Garages.
614		-
615		-	17–801.
616		-
617		-	(a) In this subtitle the following words have the meanings indicated.
618		-
619		-	(b) “Garage” means a building or part of a building where motor vehicles are
620		-	stored OR PARKED for a fee.
621		-
622		-	(c) “Garage license” means a license issued by the clerk to keep a garage.
623		-
624		-	Subtitle 9. Peddlers.
625		-
626		-	17–901.
627		-
628		-	(a) In this subtitle the following words have the meanings indicated.
629		-
630		-	(B) “CALVERT COUNTY MAGAZINE SELLE R LICENSE” MEANS A LICENSE
631		-	ISSUED BY THE CLERK IN CALVERT COUNTY TO ACT AS A NO NRESIDENT ITINERANT
632		-	MAGAZINE SELLER IN CALVERT COUNTY.
633		-
634		-	(C) “FOOT PEDDLER ” MEANS A PEDDLER WHO TRAVELS ON FOOT .
635		-
636		-	(D) “MOTOR VEHICLE PEDDLER ” MEANS A PEDDLER WHO TRAVELS BY
637		-	MOTOR VEHICLE .
638		-
639		-	(E) “NONRESIDENT ITINERANT MAGAZINE SELLER ” MEANS A PERSON WHO
640		-	IS NOT A RESIDENT OF CALVERT COUNTY AND WHO SELLS OR OFFERS TO SELL A
641		-	SUBSCRIPTION TO A MA GAZINE OR OTHER PUBL ICATION IN CALVERT COUNTY.
642		-
643		-	(F) “ONE–HORSE PEDDLER ” MEANS A PEDDLER WHO TRAVELS WITH A
644		-	WAGON OR OTHER VEHIC LE DRAWN BY ONE HORS E OR OTHER BEAST OF BURDEN.
645		-
646		-	[(b)] (G) (1) “Peddler” [includes a hawker, a huckster, and a mobile vendor]
647		-	MEANS A PERSON WHO :
648		-
649		-	(I) DOES NOT HAVE A FIXE D PLACE OF BUSINESS LOCATED IN A
650		-	PHYSICAL STRUCTURE ; AND
651		-
652		-	(II) MOVES FROM HOUSE TO HOUSE OR PLACE TO PL ACE
653		-	CARRYING ARTICLES OF MERCHANDISE TO BE SO LD AND DELIVERED
654		-	CONCURRENTLY .
655		-	LAWRENCE J. HOGAN, JR., Governor Ch. 315
656		-
657		-	– 15 –
658		-	(2) “PEDDLER” INCLUDES A FOOT PEDD LER, MOTOR VEHICLE
659		-	PEDDLER, ONE–HORSE PEDDLER , AND TWO–HORSE PEDDLER .
660		-
661		-	[(c)] (H) “Peddler license” means a license issued by the clerk to act as a peddler.
662		-
663		-	(I) “TWO–HORSE PEDDLER ” MEANS A PEDDLER WHO TRAVELS WITH A
664		-	WAGON OR OTHER VEHIC LE DRAWN BY TWO HORS ES OR OTHER BEASTS O F BURDEN.
665		-
666		-	[17–904.
667		-
668		-	(a) In Part II of this subtitle the following words have the meanings indicated.
669		-
670		-	(b) “Foot peddler” means a peddler who travels on foot.
671		-
672		-	(c) “Motor vehicle peddler” means a peddler who travels by motor vehicle.
673		-
674		-	(d) “One horse peddler” means a peddler who travels with a wagon or other
675		-	vehicle drawn by 1 horse or other beast of burden.
676		-
677		-	(e) “Two horse peddler” means a peddler who travels with a wagon or other
678		-	vehicle drawn by 2 horses or other beasts of burden.]
679		-
680		-	17–907.
681		-
682		-	(a) (1) An applicant for a peddler license shall pay to the clerk the applicable
683		-	license fee.
684		-
685		-	(2) If the applicant is a foot peddler, the license fee is:
686		-
687		-	(i) in Baltimore City, $200;
688		-
689		-	(ii) in St. Mary’s County, the amount set by the County
690		-	Commissioners, by resolution; and
691		-
692		-	(iii) in any other county, $100.
693		-
694		-	(3) If the applicant is a [one horse] ONE–HORSE peddler, the license fee is:
695		-
696		-	(i) in Baltimore City, $250;
697		-
698		-	(ii) in St. Mary’s County, the amount set by the County
699		-	Commissioners, by resolution; and
700		-
701		-	(iii) in any other county, $150.
702		-	Ch. 315 2022 LAWS OF MARYLAND
703		-
704		-	– 16 –
705		-	(4) If the applicant is a [two horse] TWO–HORSE peddler, the license fee
706		-	is:
707		-
708		-	(i) in Baltimore City, $300;
709		-
710		-	(ii) in St. Mary’s County, the amount set by the County
711		-	Commissioners, by resolution; and
712		-
713		-	(iii) in any other county, $200.
714		-
715		-	(5) If the applicant is a motor vehicle peddler, the license fee is:
716		-
717		-	(i) in Baltimore City, $500;
718		-
719		-	(ii) in St. Mary’s County, the amount set by the County
720		-	Commissioners, by resolution; and
721		-
722		-	(iii) in any other county, $300; but
723		-
724		-	1. in Garrett County, the license fee is $100 for a resident of
725		-	Garrett County; and
726		-
727		-	2. in Worcester County, the license fee is $100 for a resident
728		-	of Worcester County who sells only ice cream.
729		-
730		-	(b) (1) In Harford County, an applicant for a peddler license must have the
731		-	written permission of the owner or lessee of the property where the applicant will do
732		-	business.
733		-
734		-	(2) The written permission shall include:
735		-
736		-	(i) the name, address, and telephone number of the owner or lessee
737		-	of the property;
738		-
739		-	(ii) the name, permanent address, and telephone number of the
740		-	applicant;
741		-
742		-	(iii) a description of the goods to be sold by the applicant; and
743		-
744		-	(iv) the times of day and the number of days per month that the
745		-	applicant is allowed to do business on the property of the owner or lessee.
746		-
747		-	17–908.
748		-	LAWRENCE J. HOGAN, JR., Governor Ch. 315
749		-
750		-	– 17 –
751		-	(A) (1) The clerk shall provide a metal tag [or stamp] AND LICENSE STICKER
752		-	to each [one horse] peddler[, two horse peddler, or motor vehicle peddler] who holds a
753		-	peddler license.
754		-
755		-	(2) THE CLERK SHALL PROVI DE A LICENSE STICKER TO EACH
756		-	PEDDLER WHO RENEWS A PEDDLER LICENSE .
757		-
758		-	(B) (1) A PEDDLER SHALL POSSES S THE METAL TAG AND LICENSE
759		-	STICKER AT ALL TIMES THAT THE INDIVIDUAL IS ACTING AS A PEDDL ER.
760		-
761		-	(2) A ONE–HORSE PEDDLER , TWO–HORSE PEDD LER, AND MOTOR
762		-	VEHICLE PEDDLER SHAL L KEEP THE METAL TAG AND LICENSE STICKER ATTACHED
763		-	TO THE VEHICLE .
764		-
765		-	[17–910.
766		-
767		-	(a) Each one horse peddler, two horse peddler, and motor vehicle peddler shall
768		-	keep the metal tag or stamp issued under this subtitle attached to the vehicle so as to be
769		-	clearly visible.
770		-
771		-	(b) A peddler in Harford County shall:
772		-
773		-	(1) keep with the peddler at all times the peddler license and a copy of the
774		-	original written permission of the property owner required under this subtitle; and
775		-
776		-	(2) produce the peddler license and copy of the written permission on
777		-	request.]
778		-
779		-	[17–911.] 17–910.
780		-
781		-	(a) Except as otherwise provided in [Part II of] this subtitle, a person may not act
782		-	as a peddler unless the person has a peddler license.
783		-
784		-	[(b) A peddler is considered to be acting as a peddler without a peddler license if
785		-	the peddler:
786		-
787		-	(1) acts or offers to act as a peddler without the peddler license with the
788		-	peddler at the time; or
789		-
790		-	(2) fails to show the peddler license to a law enforcement officer on request.
791		-
792		-	(c) A person who violates this section is guilty of a misdemeanor and, on
793		-	conviction, is subject to a fine not exceeding $100.]
794		-	Ch. 315 2022 LAWS OF MARYLAND
795		-
796		-	– 18 –
797		-	(B) EXCEPT AS OTHERWISE P ROVIDED IN THIS SUBT ITLE, A PERSON WHO
798		-	VIOLATES ANY PROVISI ON OF THIS SUBTITLE IS GUILTY OF A MISDEMEANOR AND ,
799		-	ON CONVICTION , IS SUBJECT TO A FINE NOT EXCEEDING $100.
800		-
801		-	[17–912.] 17–911.
802		-
803		-	(a) This section does not apply in Allegany and Washington counties.
804		-
805		-	(b) A municipal corporation may not require a local license or impose a local fee
806		-	or tax to sell fresh fruits, vegetables, or other country produce from a wagon at retail if the
807		-	seller is the producer.
808		-
809		-	(c) However, a municipal corporation by ordinance may:
810		-
811		-	(1) provide for the issuance of identification cards or tags to producers of
812		-	country produce who sell the produce from a wagon at retail;
813		-
814		-	(2) set a fee, not exceeding 50 cents for each producer, for the issuance of
815		-	identification cards or tags; and
816		-
817		-	(3) require producers to get and display identification cards or tags.
818		-
819		-	(d) (1) A person who is not the producer may not sell or offer to sell any fresh
820		-	fruits, vegetables, or other country produce from a wagon at retail in a municipal
821		-	corporation that requires a local license or imposes a local fee or tax to do so without getting
822		-	the license or paying the fee or tax.
823		-
824		-	(2) A person who violates this subsection is guilty of a misdemeanor and,
825		-	on conviction, is subject to a fine not exceeding $25.
826		-
827		-	[17–913.
828		-
829		-	If the County Commissioners of St. Mary’s County set a license fee for a license
830		-	issued under § 17–907 of this subtitle, the County Commissioners shall notify the
831		-	Comptroller of the Treasury by December 31 of the year before the year the license fee takes
832		-	effect.]
833		-
834		-	[17–915.
835		-
836		-	(a) In Part III of this subtitle the following words have the meanings indicated.
837		-
838		-	(b) “Magazine seller license” means a license issued by the clerk to act as a
839		-	nonresident itinerant magazine seller.
840		-
841		-	(c) “Nonresident itinerant magazine seller” means a person who: LAWRENCE J. HOGAN, JR., Governor Ch. 315
842		-
843		-	– 19 –
844		-
845		-	(1) is not a resident of Calvert County; and
846		-
847		-	(2) sells or offers to sell a subscription to a magazine or other publication.]
848		-
849		-	Subtitle 10. Junk Dealers and Scrap Metal Processors.
850		-
851		-	[Part I. Definitions.]
852		-
853		-	17–1001.
854		-
855		-	(a) In this subtitle the following words have the meanings indicated.
856		-
857		-	(b) “Agent” means a person who buys or sells junk or scrap metal for a junk dealer
858		-	or scrap metal processor.
859		-
860		-	(C) “AGENT LICENSE” MEANS A LICENSE ISSU ED BY THE CLERK TO A CT AS
861		-	AN AGENT.
862		-
863		-	[(c)] (D) “Antique dealer” means a person who does business buying and selling
864		-	antiques.
865		-
866		-	[(d)] (E) “Antiques” means objects made in, or typical of, an earlier period of
867		-	time, that either have special value because of their age or are examples of works of art or
868		-	handicrafts.
869		-
870		-	[(e)] (F) (1) “Junk” or “scrap metal” includes:
871		-
872		-	(i) nonferrous articles made wholly or substantially of:
873		-
874		-	1. aluminum;
875		-
876		-	2. babbitt metal;
877		-
878		-	3. brass;
879		-
880		-	4. bronze;
881		-
882		-	5. light copper;
883		-
884		-	6. heavy copper;
885		-
886		-	7. lead;
887		-
888		-	8. low carbon chrome;
889		-	Ch. 315 2022 LAWS OF MARYLAND
890		-
891		-	– 20 –
892		-	9. low carbon manganese;
893		-
894		-	10. molybdenum;
895		-
896		-	11. monel metal;
897		-
898		-	12. pewter;
899		-
900		-	13. nickel;
901		-
902		-	14. stainless steel;
903		-
904		-	15. tin;
905		-
906		-	16. vanadium;
907		-
908		-	17. zinc;
909		-
910		-	18. platinum;
911		-
912		-	19. gold;
913		-
914		-	20. rhodium; or
915		-
916		-	21. other nonferrous metals; and
917		-
918		-	(ii) the following used articles, made of either ferrous or nonferrous
919		-	metal:
920		-
921		-	1. catalytic converters;
922		-
923		-	2. metal bleachers;
924		-
925		-	3. hard–drawn copper;
926		-
927		-	4. metal beer kegs;
928		-
929		-	5. cemetery urns;
930		-
931		-	6. grave markers;
932		-
933		-	7. propane tanks;
934		-
935		-	8. cell tower batteries; and
936		-
937		-	9. any other used articles owned by a public utility including: LAWRENCE J. HOGAN, JR., Governor Ch. 315
938		-
939		-	– 21 –
940		-
941		-	A. guardrails;
942		-
943		-	B. manhole covers;
944		-
945		-	C. metal light poles;
946		-
947		-	D. tree grates;
948		-
949		-	E. water meters; and
950		-
951		-	F. street signs.
952		-
953		-	(2) “Junk” or “scrap metal” does not include beverage cans or food cans.
954		-
955		-	[(f)] (G) (1) “Junk dealer” or “scrap metal processor” means a person who
956		-	does business buying or selling junk or scrap metal.
957		-
958		-	(2) “Junk dealer” or “scrap metal processor” does not include a dealer or
959		-	pawnbroker licensed under Title 12 of this article.
960		-
961		-	(H) “JUNK DEALER OR SCRAP METAL PROCESSOR LICE NSE” MEANS A
962		-	LICENSE ISSUED BY TH E CLERK TO DO BUSINE SS AS A JUNK DEALER OR SCRAP
963		-	METAL PROCESSOR .
964		-
965		-	(I) “NONRESIDENT JUNK DEAL ER” MEANS A JUNK DEALER WHO IS NOT A
966		-	RESIDENT OF THE STATE.
967		-
968		-	(J) “NONRESIDENT SCRAP MET AL PROCESSOR ” MEANS A SCRAP METAL
969		-	PROCESSOR WHO IS NOT A RESIDENT OF THE STATE.
970		-
971		-	[(g)] (K) “Primary law enforcement unit” means the Department of State Police,
972		-	a police department, or sheriff, as designated by a resolution of the county or municipal
973		-	governing body in the county in which the license of the junk dealer or scrap metal processor
974		-	is held.
975		-
976		-	(L) “STATE JUNK LICENSE ” INCLUDES:
977		-
978		-	(1) A JUNK DEALER OR SCR AP METAL PROCESSOR L ICENSE; OR
979		-
980		-	(2) AN AGENT LICENSE .
981		-
982		-	[Part II. State Licensing.]
983		-
984		-	[17–1005. Ch. 315 2022 LAWS OF MARYLAND
985		-
986		-	– 22 –
987		-
988		-	(a) In Part II of this subtitle the following words have the meanings indicated.
989		-
990		-	(b) “Agent license” means a license issued by the clerk to act as an agent.
991		-
992		-	(c) “Junk dealer or scrap metal processor license” means a license issued by the
993		-	clerk to do business as a junk dealer or scrap metal processor.
994		-
995		-	(d) “Nonresident junk dealer” or “nonresident scrap metal processor” means a
996		-	junk dealer or scrap metal processor who is not a resident of the State.
997		-
998		-	(e) “State junk license” includes:
999		-
1000		-	(1) a junk dealer or scrap metal processor license; and
1001		-
1002		-	(2) an agent license.]
1003		-
1004		-	[17–1006.] 17–1005.
1005		-
1006		-	(a) (1) Except as otherwise provided in this subtitle, a person must have a junk
1007		-	dealer or scrap metal processor license whenever the person does business as a junk dealer
1008		-	or scrap metal processor in the State.
1009		-
1010		-	(2) This subsection does not apply to a situation in which:
1011		-
1012		-	(i) a nonresident junk dealer or nonresident scrap metal processor
1013		-	buys junk or scrap metal from a junk dealer or scrap metal processor licensee who is a
1014		-	resident of the State; or
1015		-
1016		-	(ii) the nonresident junk dealer or nonresident scrap metal processor
1017		-	transports that junk or scrap metal.
1018		-
1019		-	(3) If a nonresident junk dealer or nonresident scrap metal processor comes
1020		-	into the State in a vehicle, the nonresident junk dealer or nonresident scrap metal processor
1021		-	may not transport from the State in that vehicle any junk or scrap metal bought in the
1022		-	State unless the nonresident junk dealer or nonresident scrap metal processor holds a junk
1023		-	dealer or scrap metal processor license.
1024		-
1025		-	(b) (1) Except as otherwise provided in this subtitle, a person must have an
1026		-	agent license whenever the person acts as an agent in the State.
1027		-
1028		-	(2) This subsection does not apply to a salaried employee of a junk dealer
1029		-	or scrap metal processor licensee.
1030		-
1031		-	[17–1007.] 17–1006.
1032		-	LAWRENCE J. HOGAN, JR., Governor Ch. 315
1033		-
1034		-	– 23 –
1035		-	(A) An applicant for a State junk license shall:
1036		-
1037		-	(1) certify to the clerk the applicant’s name and business address; and
1038		-
1039		-	(2) pay to the clerk a license fee of:
1040		-
1041		-	(i) $10 for a junk dealer or scrap metal processor license[, if the
1042		-	applicant is a resident of the State]; OR
1043		-
1044		-	(ii) $5 for an agent license[, if the applicant is a resident of the State;
1045		-	or
1046		-
1047		-	(iii) $100 for a junk dealer or scrap metal processor license or agent
1048		-	license, if the applicant is not a resident of the State].
1049		-
1050		-	(B) ALL LICENSE FEES COLL ECTED FOR ISSUANCE O F STATE JUNK
1051		-	LICENSES UNDER THIS SECTION SHALL BE PAI D TO THE COMPTROLLER .
1052		-
1053		-	[17–1008.] 17–1007.
1054		-
1055		-	(a) The clerk shall[:
1056		-
1057		-	(1)] issue[, in numerical order,] a State junk license to each applicant who
1058		-	meets the requirements of [Part II of] this subtitle[; and
1059		-
1060		-	(2) collect an issuing fee of 50 cents per State junk license].
1061		-
1062		-	(b) [The clerk shall keep a record of the name, business address, and license
1063		-	number of each State junk licensee] A STATE JUNK LICENSE IS NOT TRANSFERABLE .
1064		-
1065		-	[17–1009.
1066		-
1067		-	A State junk license is not transferable.]
1068		-
1069		-	[17–1010.] 17–1008.
1070		-
1071		-	[A] IF A nonresident junk dealer or nonresident scrap metal processor [may not
1072		-	keep] ESTABLISHES a fixed place of business AS A JUNK DEALER OR SCRAP METAL
1073		-	PROCESSOR in the State, THE NONRESIDENT JUNK DEALER OR SCRAP META L
1074		-	PROCESSOR SHALL :
1075		-
1076		-	(1) OBTAIN A JUNK DEALER OR SCRAP METAL PROCE SSOR LICENS E;
1077		-	AND
1078		-	Ch. 315 2022 LAWS OF MARYLAND
1079		-
1080		-	– 24 –
1081		-	(2) COMPLY WITH ALL LAWS AND REGULATIONS RELA TED TO THE
1082		-	JUNK DEALER OR SCRAP METAL PROCESSOR LICE NSE.
1083		-
1084		-	[17–1011.] 17–1009.
1085		-
1086		-	(a) (1) This section applies to all junk dealers and scrap metal processors doing
1087		-	business in the State, including nonresident junk dealers and nonresident scrap metal
1088		-	processors.
1089		-
1090		-	(2) This section applies to an automotive dismantler and recycler or scrap
1091		-	metal processor licensed under Title 15, Subtitle 5 of the Transportation Article if the
1092		-	automotive dismantler and recycler or scrap metal processor:
1093		-
1094		-	(i) conducts business as a licensed junk dealer or scrap metal
1095		-	processor;
1096		-
1097		-	(ii) acquires vehicle parts that qualify as junk or scrap metal as
1098		-	defined under [§ 17–1001(e)] § 17–1001(F) of this subtitle; or
1099		-
1100		-	(iii) acquires articles that are listed, or made of metals that are listed,
1101		-	in [§ 17–1001(e)] § 17–1001(F) of this subtitle.
1102		-
1103		-	(3) This section does not apply to:
1104		-
1105		-	(i) an automotive dismantler and recycler or scrap metal processor
1106		-	that only acquires whole vehicles for the purpose of dismantling, destroying, or scrapping
1107		-	them for the benefit of their parts or the materials in them; or
1108		-
1109		-	(ii) a person that buys scrap metal to use as raw material to produce
1110		-	1,000,000 tons of steel or more in the State per calendar year.
1111		-
1112		-	(4) (i) Except as provided in subparagraph (ii) of this paragraph, this
1113		-	section preempts the right of a county or municipality to regulate the resale of junk or scrap
1114		-	metal.
1115		-
1116		-	(ii) This section does not limit the power of a county or municipality
1117		-	to license junk dealers and scrap metal processors.
1118		-
1119		-	(iii) This section supersedes any existing law of a county or
1120		-	municipality that regulates the resale of junk or scrap metal.
1121		-
1122		-	(b) (1) For each purchase of junk or scrap metal in the State, a junk dealer or
1123		-	scrap metal processor shall keep an accurate record in English.
1124		-
1125		-	(2) The record shall state:
1126		-	LAWRENCE J. HOGAN, JR., Governor Ch. 315
1127		-
1128		-	– 25 –
1129		-	(i) the date and time of purchase;
1130		-
1131		-	(ii) a description of the junk or scrap metal purchased, including:
1132		-
1133		-	1. the type and grade of the junk or scrap metal; and
1134		-
1135		-	2. if payment is based on weight, the weight of each type and
1136		-	grade of junk or scrap metal;
1137		-
1138		-	(iii) the amount paid or other consideration for the junk or scrap
1139		-	metal;
1140		-
1141		-	(iv) the registration plate number, make, and model of any vehicle
1142		-	used;
1143		-
1144		-	(v) the name and address of the individual from whom the junk or
1145		-	scrap metal is acquired;
1146		-
1147		-	(vi) the signature of:
1148		-
1149		-	1. the individual from whom the junk or scrap metal is
1150		-	acquired; and
1151		-
1152		-	2. the junk dealer, scrap metal processor, or employee who
1153		-	accepted the junk or scrap metal; and
1154		-
1155		-	(vii) for each individual from whom the junk dealer or scrap metal
1156		-	processor acquires junk or scrap metal:
1157		-
1158		-	1. the date of birth and driver’s license number of the
1159		-	individual; or
1160		-
1161		-	2. identification information about the individual from a
1162		-	valid State–issued photo ID that provides a physical description of the individual, including
1163		-	the sex, race, any distinguishing features, and approximate age, height, and weight of the
1164		-	individual.
1165		-
1166		-	(3) The records required under this subsection shall be kept in electronic
1167		-	form.
1168		-
1169		-	(4) (i) Subject to subparagraph (iv) of this paragraph, the junk dealer
1170		-	or scrap metal processor shall submit a copy of each record required under this paragraph
1171		-	to the primary law enforcement unit in accordance with subparagraphs (ii) and (iii) of this
1172		-	paragraph.
1173		-	Ch. 315 2022 LAWS OF MARYLAND
1174		-
1175		-	– 26 –
1176		-	(ii) A junk dealer or scrap metal processor shall submit a record by
1177		-	transmitting a copy of the records electronically, in a format acceptable to the receiving
1178		-	primary law enforcement unit, by the end of the first business day following the date of the
1179		-	transaction.
1180		-
1181		-	(iii) Each copy of a record submitted to the primary law enforcement
1182		-	unit shall include:
1183		-
1184		-	1. the date and time of purchase;
1185		-
1186		-	2. a description of the junk or scrap metal, including its
1187		-	weight if payment is based on weight;
1188		-
1189		-	3. whether the amount paid or other consideration for the
1190		-	junk or scrap metal exceeds $500;
1191		-
1192		-	4. the registration plate number of any vehicle used by the
1193		-	individual from whom the junk or scrap metal is acquired;
1194		-
1195		-	5. the name and address of the individual from whom the
1196		-	junk or scrap metal is acquired;
1197		-
1198		-	6. the date of birth and driver’s license number of the
1199		-	individual from whom the junk or scrap metal is acquired;
1200		-
1201		-	7. identification information about the individual from a
1202		-	valid State–issued photo ID that provides a physical description of the individual, including
1203		-	the sex, race, age, height, and weight of the individual; and
1204		-
1205		-	8. an electronic scan or photocopy of the valid State–issued
1206		-	photo ID under item 7 of this subparagraph.
1207		-
1208		-	(iv) The provisions of subparagraphs (i), (ii), and (iii) of this
1209		-	paragraph may not be construed to require a junk dealer or scrap metal processor to incur
1210		-	a substantial financial burden to comply with the requirements of this paragraph.
1211		-
1212		-	(5) A copy of a record submitted under paragraph (4) of this subsection:
1213		-
1214		-	(i) shall be kept confidential;
1215		-
1216		-	(ii) is not a public record; and
1217		-
1218		-	(iii) is not subject to Title 4 of the General Provisions Article.
1219		-	LAWRENCE J. HOGAN, JR., Governor Ch. 315
1220		-
1221		-	– 27 –
1222		-	(6) The primary law enforcement unit may destroy the copy of a record
1223		-	submitted under paragraph (4) of this subsection after 1 year from the date that the
1224		-	primary law enforcement unit receives the copy.
1225		-
1226		-	(7) (i) The primary law enforcement unit may waive the holding of
1227		-	electronic records under paragraph (3) of this subsection or the submission of electronic
1228		-	records under paragraph (4) of this subsection by a junk dealer or scrap metal processor.
1229		-
1230		-	(ii) Any waivers granted under subparagraph (i) of this paragraph
1231		-	shall be limited to authorizing a junk dealer or scrap metal processor to:
1232		-
1233		-	1. extend the reporting deadline under paragraph (4) of this
1234		-	subsection for an extra day;
1235		-
1236		-	2. hold written records; or
1237		-
1238		-	3. submit records by facsimile or by mail.
1239		-
1240		-	(c) (1) This subsection applies to junk dealers and scrap metal processors who
1241		-	are residents of the State.
1242		-
1243		-	(2) Each junk dealer or scrap metal processor shall keep the records
1244		-	required by subsection (b) of this section for 1 year after the date of the transaction.
1245		-
1246		-	(3) The records kept in accordance with this subsection shall be open to
1247		-	inspection during business hours by State or local law enforcement personnel for an
1248		-	investigation of a specific crime involving the materials listed under [§ 17–1001(e)] §
1249		-	17–1001(F) of this subtitle.
1250		-
1251		-	(d) (1) A junk dealer or scrap metal processor may not barter, buy, exchange,
1252		-	or accept from a person any junk or scrap metal unless the junk dealer or scrap metal
1253		-	processor keeps records and makes entries in them in accordance with [Part II] of this
1254		-	subtitle.
1255		-
1256		-	(2) A junk dealer or scrap metal processor may not purchase a catalytic
1257		-	converter from an individual unless the individual, at the time of purchase, provides
1258		-	identification as:
1259		-
1260		-	(i) a licensed automotive dismantler and recycler or scrap metal
1261		-	processor; or
1262		-
1263		-	(ii) an agent or employee of a licensed commercial enterprise.
1264		-
1265		-	(3) A junk dealer or scrap metal processor may not purchase a cemetery
1266		-	urn, grave marker, or any other item listed under [§ 17–1001(e)(1)(ii)] § 17–1001(F)(1)(II)
1267		-	of this subtitle from an individual unless the individual, at the time of purchase, provides Ch. 315 2022 LAWS OF MARYLAND
1268		-
1269		-	– 28 –
1270		-	appropriate authorization from a relevant business or unit of federal, State, or local
1271		-	government specifically authorizing the individual to conduct the transaction.
1272		-
1273		-	(e) State or local law enforcement personnel may request information from the
1274		-	records required under subsection (b) of this section pursuant to an investigation of a
1275		-	specific crime involving the materials listed under [§ 17–1001(e)] § 17–1001(F) of this
1276		-	subtitle.
1277		-
1278		-	(f) (1) The record and reporting requirements of subsection (b) of this section
1279		-	do not apply to an item that is acquired from:
1280		-
1281		-	(i) a licensed junk dealer or scrap metal processor;
1282		-
1283		-	(ii) a unit of federal, State, or local government; or
1284		-
1285		-	(iii) a commercial enterprise with a valid business license that has
1286		-	entered into a written contract with a junk dealer or scrap metal processor who has
1287		-	provided to the primary law enforcement unit:
1288		-
1289		-	1. the name and business address of the commercial
1290		-	enterprise; and
1291		-
1292		-	2. the type of junk or scrap metal subject to the contract.
1293		-
1294		-	(2) (i) Subject to subparagraph (ii) of this paragraph, a contract under
1295		-	paragraph (1)(iii) of this subsection shall be open to inspection by a local law enforcement
1296		-	agency on the premises of the junk dealer or scrap metal processor during business hours.
1297		-
1298		-	(ii) Notwithstanding any other law, a contract open to inspection by
1299		-	a local law enforcement agency under subparagraph (i) of this paragraph may not be open
1300		-	for public inspection without the consent of the junk dealer or scrap metal processor.
1301		-
1302		-	(g) (1) If a State or local law enforcement agency has reasonable cause to
1303		-	believe that junk or scrap metal that is in the possession of a junk dealer or scrap metal
1304		-	processor is stolen, the law enforcement agency may issue a written hold notice.
1305		-
1306		-	(2) The written hold notice shall:
1307		-
1308		-	(i) identify the items of junk or scrap metal alleged to be stolen and
1309		-	subject to hold;
1310		-
1311		-	(ii) inform the junk dealer or scrap metal processor of the hold
1312		-	imposed on the items of junk or scrap metal; and
1313		-
1314		-	(iii) specify the time period for the hold, not to exceed 15 days.
1315		-	LAWRENCE J. HOGAN, JR., Governor Ch. 315
1316		-
1317		-	– 29 –
1318		-	(3) On receipt of a written hold notice from a law enforcement agency, a
1319		-	junk dealer or scrap metal processor may not process or remove from the junk dealer’s or
1320		-	scrap metal processor’s place of business before the end of the hold period any items of junk
1321		-	or scrap metal identified in the hold notice, unless the item is released by the law
1322		-	enforcement agency or by court order.
1323		-
1324		-	(h) Local law enforcement personnel of the county where the place of business of
1325		-	the junk dealer or scrap metal processor is located or where the junk or scrap metal was
1326		-	purchased may enforce this section.
1327		-
1328		-	(i) A person who violates this section is guilty of a misdemeanor and on conviction
1329		-	is subject to:
1330		-
1331		-	(1) a fine not exceeding $500 for a first offense; and
1332		-
1333		-	(2) a fine not exceeding $5,000 or imprisonment not exceeding 1 year or
1334		-	both for a subsequent offense.
1335		-
1336		-	[17–1012.] 17–1010.
1337		-
1338		-	(a) In this section, “historic marker or plaque” means a marker, plaque, or tablet
1339		-	commemorating a historic person or event, or identifying a historic place, structure, or
1340		-	object.
1341		-
1342		-	(b) This section applies to all junk dealers, scrap metal processors, and antique
1343		-	dealers who are residents of the State.
1344		-
1345		-	(c) (1) Each junk dealer, scrap metal processor, or antique dealer subject to
1346		-	this section who purchases a historic marker or plaque shall register with the sheriff or
1347		-	other law enforcement official designated by the governing body of the county in which the
1348		-	business of the junk dealer, scrap metal processor, or antique dealer is located a complete
1349		-	description of the historic marker or plaque.
1350		-
1351		-	(2) The description shall include:
1352		-
1353		-	(i) the date and time of purchase;
1354		-
1355		-	(ii) the name and address of the seller;
1356		-
1357		-	(iii) the license tag number of any vehicle used; and
1358		-
1359		-	(iv) a description of the historic marker or plaque, including the full
1360		-	text, any installation date, and the name of any installation sponsor.
1361		-
1362		-	(3) The registration required under this section shall be made within 3
1363		-	business days after the date of the purchase of the historic marker or plaque. Ch. 315 2022 LAWS OF MARYLAND
1364		-
1365		-	– 30 –
1366		-
1367		-	(d) The sheriff or other law enforcement official promptly shall notify the
1368		-	Maryland Historical Trust with a copy to the junk dealer, scrap metal processor, or antique
1369		-	dealer who registered with the sheriff.
1370		-
1371		-	(e) A historic marker or plaque may not be sold or otherwise disposed of for a
1372		-	period of 30 days from the date of the notice required under subsection (d) of this section.
1373		-
1374		-	(f) A person who violates this section is guilty of a misdemeanor and, on
1375		-	conviction, is subject to a fine not exceeding $100.
1376		-
1377		-	[17–1013.] 17–1011.
1378		-
1379		-	Except as otherwise [specifically] provided in [Part II of] this subtitle, a person who
1380		-	violates [Part II of] this subtitle is guilty of a misdemeanor and, on conviction, is subject to
1381		-	a fine not exceeding $500 for each offense.
1382		-
1383		-	Subtitle 11. Laundries and Dry Cleaners.
1384		-
1385		-	17–1101.
1386		-
1387		-	In this subtitle, “license” means a license issued by the clerk to do the business of
1388		-	cleaning, dyeing, pressing, or laundering ON–SITE AT THE LOCATION STATED ON THE
1389		-	LICENSE.
1390		-
1391		-	17–1102.
1392		-
1393		-	A person must have a license whenever the person does the business of ON–SITE
1394		-	cleaning, dyeing, pressing, or laundering, other than hand laundering, in the State.
1395		-
1396		-	Subtitle 12. Storage Warehouses.
1397		-
1398		-	17–1201.
1399		-
1400		-	(A) In this subtitle[, “license” means a license issued by the clerk to keep a storage
1401		-	warehouse] THE FOLLOWING WORDS HAVE THE MEANINGS IN DICATED.
1402		-
1403		-	(B) “STORAGE WAREHOUSE ” MEANS A BUILDING OR STRUCTURE USED FOR
1404		-	KEEPING GOODS FOR A FEE, INCLUDING SELF –STORAGE WAREHOUSES .
1405		-
1406		-	(C) “STORAGE WAREHOUSE LIC ENSE” MEANS A LICENSE ISSU ED BY THE
1407		-	CLERK TO KEEP A STOR AGE WAREHOUSE .
1408		-
1409		-	17–1202.
1410		-	LAWRENCE J. HOGAN, JR., Governor Ch. 315
1411		-
1412		-	– 31 –
1413		-	A person must have a STORAGE WAREHOUSE license whenever the person keeps a
1414		-	storage warehouse where goods are stored for a fee in the State.
1415		-
1416		-	17–1203.
1417		-
1418		-	(A) An applicant for a STORAGE WAREHOUSE license shall pay to the clerk a
1419		-	license fee of:
1420		-
1421		-	(1) $30 for a storage warehouse in a municipal corporation with a
1422		-	population of not more than 10,000;
1423		-
1424		-	(2) $50 for a storage warehouse in a municipal corporation OR COUNTY
1425		-	with a population of 10,001 to 20,000;
1426		-
1427		-	(3) $75 for a storage warehouse in a municipal corporation OR COUNTY
1428		-	with a population of 20,001 to 50,000; or
1429		-
1430		-	(4) $150 for a storage warehouse in a municipal corporation OR COUNTY
1431		-	with a population of more than 50,000.
1432		-
1433		-	(B) ALL LICENSE FEES COLL ECTED UNDER THIS SEC TION SHALL BE PAID
1434		-	TO THE COMPTROLLER .
1435		-
1436		-	17–1204.
1437		-
1438		-	(a) Before a moving and storage firm or warehouse that stores household goods
1439		-	provides any service, the moving and storage firm or warehouse shall give WRITTEN notice
1440		-	to the buyer of the service that the buyer should get insurance to protect the buyer from
1441		-	loss of goods.
1442		-
1443		-	(b) [The notice shall be:
1444		-
1445		-	(1) in writing;
1446		-
1447		-	(2) printed in 12–point or larger type; and
1448		-
1449		-	(3) included in the application for service or in a separate statement.
1450		-
1451		-	(c)] A person who violates this section is guilty of a misdemeanor and, on
1452		-	conviction, is subject to a fine not exceeding $5,000 or imprisonment not exceeding 30 days
1453		-	or both.
1454		-
1455		-	Subtitle 16. Restaurants.
1456		-
1457		-	17–1601.
1458		-	Ch. 315 2022 LAWS OF MARYLAND
1459		-
1460		-	– 32 –
1461		-	(A) In this subtitle[, “restaurant license” means a license issued by the clerk to
1462		-	operate a restaurant or other eating place] THE FOLLOWING WORDS HAVE THE
1463		-	MEANINGS INDICATED .
1464		-
1465		-	(B) “RESTAURANT” MEANS AN ESTABLISHME NT THAT:
1466		-
1467		-	(1) ACCOMMODATES THE PUB LIC;
1468		-
1469		-	(2) PROVIDES SEATING ; AND
1470		-
1471		-	(3) IS EQUIPPED WITH FAC ILITIES FOR PREPARIN G AND SERVING
1472		-	FOOD.
1473		-
1474		-	(C) “RESTAURANT LICENSE ” MEANS A LICENSE ISSU ED BY THE CLERK TO
1475		-	OPERATE A RESTAURANT OR OTHER EATING PLAC E.
1476		-
1477		-	17–1603.
1478		-
1479		-	A person must have a restaurant license AND A TRADER ’S LICENSE ISSUED
1480		-	UNDER SUBTITLE 18 OF THIS TITLE whenever the person operates a restaurant or other
1481		-	eating place in the State.
1482		-
1483		-	SUBTITLE 17A. CHAIN STORES.
1484		-
1485		-	17–17A–01.
1486		-
1487		-	(A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS
1488		-	INDICATED.
1489		-
1490		-	(B) “CHAIN STORE LICENSE ” MEANS A LICENSE ISSU ED BY THE CLER K TO
1491		-	OPERATE TWO OR MORE STORES UNDER THE SAM E GENERAL MANAGEMENT OR
1492		-	OWNERSHIP.
1493		-
1494		-	(C) “GENERAL MANAGEMENT OR OWNERSHIP” MEANS A COMMON OR
1495		-	SHARED MANAGEMENT , SUPERVISION, OR OWNERSHIP OF MORE THAN ONE RETAIL
1496		-	STORE, REGARDLESS OF CORPOR ATE FORM, PURPOSE, OR STRUCTURE.
1497		-
1498		-	17–17A–02.
1499		-
1500		-	THIS SUBTITLE DOES NO T APPLY TO A RETAIL SERVICE STATION DEAL ER, AS
1501		-	DEFINED IN § 10–101 OF THIS ARTICLE, OF WHICH THE PRINCIP AL BUSINESS IS THE
1502		-	SALE OR DISTRIBUTION OF MOTOR FUEL .
1503		-
1504		-	17–17A–03. LAWRENCE J. HOGAN, JR., Governor Ch. 315
1505		-
1506		-	– 33 –
1507		-
1508		-	A PERSON MUST HAVE A C HAIN STORE LICE NSE AND A TRADER ’S LICENSE
1509		-	ISSUED UNDER SUBTITLE 18 OF THIS TITLE WHENEV ER THE PERSON OPERAT ES
1510		-	TWO OR MORE RETAIL S TORES UNDER THE SAME GENERAL MANAGEMENT O R
1511		-	OWNERSHIP IN THE STATE.
1512		-
1513		-	17–17A–04.
1514		-
1515		-	(A) AN APPLICANT FOR A CH AIN STORE LICENSE SH ALL PAY TO THE CLERK
1516		-	A LICENSE FEE BASED ON THE NUMBER OF LOC ATIONS IN THE STATE.
1517		-
1518		-	(B) (1) THIS SUBSECTION DOES NOT APPLY IN BALTIMORE CITY,
1519		-	BALTIMORE COUNTY, AND CECIL COUNTY.
1520		-
1521		-	(2) THE LICENSE FEE IN EA CH COUNTY IS:
1522		-
1523		-	(I) FOR 2 TO 5 STORES, $5 FOR EACH STORE ;
1524		-
1525		-	(II) FOR 6 TO 10 STORES, $ 20 FOR EACH STORE ;
1526		-
1527		-	(III) FOR 11 TO 20 STORES, $100 FOR EACH STORE ; AND
1528		-
1529		-	(IV) FOR MORE THAN 20 STORES, $150 FOR EACH STORE .
1530		-
1531		-	(C) IN BALTIMORE CITY AND BALTIMORE COUNTY THE LICENSE FE E IS:
1532		-
1533		-	(1) FOR 2 TO 5 STORES, $12 FOR EACH STORE;
1534		-
1535		-	(2) FOR 6 TO 10 STORES, $50 FOR EACH STORE ;
1536		-
1537		-	(3) FOR 11 TO 20 STORES, $250 FOR EACH STORE ; AND
1538		-
1539		-	(4) FOR MORE THAN 20 STORES, $150 FOR EACH STORE .
1540		-
1541		-	(D) IN CECIL COUNTY THE LICENSE FE E IS:
1542		-
1543		-	(1) FOR 2 TO 5 STORES, $10 FOR EACH STORE ;
1544		-
1545		-	(2) FOR 6 TO 10 STORES, $30 FOR EACH STORE ;
1546		-
1547		-	(3) FOR 11 TO 20 STORES, $100 FOR EACH STORE ; AND
1548		-
1549		-	(4) FOR MORE THAN 20 STORES, $300 FOR EACH STORE .
1550		-	Ch. 315 2022 LAWS OF MARYLAND
1551		-
1552		-	– 34 –
1553		-	Subtitle 18. Traders [and Chain Stores].
1554		-
1555		-	17–1801.
1556		-
1557		-	(a) In this subtitle the following words have the meanings indicated.
1558		-
1559		-	(b) “Blind Industries” means Blind Industries and Services of Maryland.
1560		-
1561		-	[(c) “Chain store license” means a license issued by the clerk to operate 2 or more
1562		-	stores under the same general management or ownership.]
1563		-
1564		-	[(d)] (C) “Exhibitor” means a person who rents space from a promoter to display
1565		-	and sell goods at a show.
1566		-
1567		-	[(e)] (D) “Licensed trader” means a trader who is licensed by the clerk under this
1568		-	subtitle.
1569		-
1570		-	(E) “MOBILE PLACE OF BUSIN ESS” MEANS A PLACE OF BUS INESS LOCATE D
1571		-	IN A TRUCK, TRAILER, OR OTHER VEHICLE AND NOT IN A BUILDING OR OTHER FIXED
1572		-	STRUCTURE.
1573		-
1574		-	(f) “Promoter” means a person who rents space at a show to an exhibitor.
1575		-
1576		-	(g) “Show” includes an antique show, coin show, flea market, gun show, stamp
1577		-	show, and show of a temporary nature.
1578		-
1579		-	[17–1803.
1580		-
1581		-	(a) Except as otherwise provided by State law and notwithstanding any local
1582		-	ordinance or regulation to the contrary, a manufacturer located and doing business in the
1583		-	State may sell and deliver goods to licensed traders in the State and for doing so need not
1584		-	get a license from or pay a fee to a county, municipal corporation, or other political
1585		-	subdivision.
1586		-
1587		-	(b) A county or municipal corporation may require a local license to sell goods at
1588		-	auction.
1589		-
1590		-	(c) Notwithstanding any public general or public local law to the contrary, if a
1591		-	visually handicapped individual or Blind Industries holds a trader’s license under this
1592		-	subtitle, the individual or Blind Industries need not get an additional license or pay an
1593		-	additional license fee to do business as a trader during the term of the trader’s license.]
1594		-
1595		-	[17–1804.] 17–1803.
1596		-	LAWRENCE J. HOGAN, JR., Governor Ch. 315
1597		-
1598		-	– 35 –
1599		-	(a) Except as otherwise provided in this subtitle, a person must have a trader’s
1600		-	license whenever the person:
1601		-
1602		-	(1) does business as a trader in the State; or
1603		-
1604		-	(2) does business as an exhibitor in the State.
1605		-
1606		-	(b) A separate trader’s license is required for each store or [fixed] place of
1607		-	business that a person operates in the State.
1608		-
1609		-	(C) (1) A SEPARATE TRADER ’S LICENSE IS REQUIRE D FOR EACH MOBILE
1610		-	PLACE OF BUSINESS THAT OPERAT ES EXCLUSIVELY IN ON E FIXED LOCATION IN THE
1611		-	STATE.
1612		-
1613		-	(2) EACH MOBILE PLACE OF BUSINESS THAT OPERAT ES IN MORE
1614		-	THAN ONE LOCATION IN THE STATE REQUIRES A TRAD ER’S LICENSE AND A
1615		-	PEDDLER’S LICENSE ISSUED UND ER SUBTITLE 9 OF THIS TITLE.
1616		-
1617		-	[(c)] (D) This section does not apply to:
1618		-
1619		-	(1) a grower, maker, or manufacturer of goods;
1620		-
1621		-	(2) a nonresident traveling salesperson, sample merchant, or
1622		-	representative of a foreign mercantile or manufacturing business while selling to or
1623		-	soliciting an order from a licensed trader in the State; or
1624		-
1625		-	(3) a private individual while publicly selling the individual’s personal
1626		-	effects on the individual’s property, if the individual holds only 1 sale not exceeding 14
1627		-	consecutive days in a calendar year; OR
1628		-
1629		-	(4) A RESTAURANT LICENSE D UNDER SUBTITLE 16 OF THIS TITLE.
1630		-
1631		-	[(d)] (E) (1) An exhibitor need not get a trader’s license for a show if the show
1632		-	is promoted by:
1633		-
1634		-	(i) a church, as defined in § 5–301(b) of the Corporations and
1635		-	Associations Article;
1636		-
1637		-	(ii) a governmental unit;
1638		-
1639		-	(iii) an amateur radio organization;
1640		-
1641		-	(iv) an antique vehicle, machine, and equipment organization;
1642		-
1643		-	(v) a volunteer fire department or rescue squad; or
1644		-	Ch. 315 2022 LAWS OF MARYLAND
1645		-
1646		-	– 36 –
1647		-	(vi) a model train collectors’ association.
1648		-
1649		-	(2) An exhibitor need not get a trader’s license for a show if the exhibitor
1650		-	gives to the promoter an exhibitor’s affidavit stating that the exhibitor:
1651		-
1652		-	(i) receives less than 10% of the exhibitor’s annual income from
1653		-	selling the kind of goods that the exhibitor will display and sell at the show; and
1654		-
1655		-	(ii) has not participated in more than three shows, not including
1656		-	participation in one show sponsored by a national organization that is exempt from taxation
1657		-	under § 501(c)(3) of the Internal Revenue Code, during the previous 365 days.
1658		-
1659		-	(3) An exhibitor at an antique show, coin show, or collector show need not
1660		-	get a trader’s license for the show if the exhibitor gives to the promoter an exhibitor’s
1661		-	affidavit stating that the exhibitor:
1662		-
1663		-	(i) will display and sell at the show;
1664		-
1665		-	(ii) receives less than 10% of the exhibitor’s annual income in the
1666		-	State from selling the kind of goods that the exhibitor will display and sell at the show; and
1667		-
1668		-	(iii) has not participated in more than three antique shows, coin
1669		-	shows, or collector shows in the State during the previous 365 days.
1670		-
1671		-	(4) An exhibitor who has a trader’s license need not get an additional
1672		-	trader’s license for a show if, before the show, the exhibitor gives the promoter a photocopy
1673		-	of the trader’s license.
1674		-
1675		-	[17–1805.
1676		-
1677		-	A person must have a chain store license whenever the person operates 2 or more
1678		-	retail stores under the same general management or ownership in the State.]
1679		-
1680		-	[17–1806.] 17–1804.
1681		-
1682		-	(a) An applicant for a trader’s license shall state in the application the place
1683		-	where the applicant will do business as a trader.
1684		-
1685		-	(b) (1) An applicant for a trader’s license may apply under this subsection if
1686		-	the applicant has a defect in vision such that:
1687		-
1688		-	(i) visual acuity in the applicant’s better eye does not exceed 20/140
1689		-	with correcting lenses; or
1690		-
1691		-	(ii) the widest diameter of the applicant’s visual field subtends an
1692		-	angle not exceeding 20 degrees. LAWRENCE J. HOGAN, JR., Governor Ch. 315
1693		-
1694		-	– 37 –
1695		-
1696		-	(2) An applicant for a trader’s license under this subsection shall submit to
1697		-	the clerk:
1698		-
1699		-	(i) a signed certificate, from a licensed physician who specializes in
1700		-	treatment of the eye, that the applicant’s vision meets the standard of paragraph (1) of this
1701		-	subsection; and
1702		-
1703		-	(ii) an affidavit that the applicant is the owner of the place of
1704		-	business listed in the application.
1705		-
1706		-	(3) Blind Industries also may apply for a trader’s license under this
1707		-	subsection for a business that it operates, if Blind Industries submits to the clerk an
1708		-	affidavit that:
1709		-
1710		-	(i) Blind Industries operates the business listed in the application;
1711		-	and
1712		-
1713		-	(ii) the manager of the business has vision that meets the standard
1714		-	of paragraph (1) of this subsection.
1715		-
1716		-	[17–1807.] 17–1805.
1717		-
1718		-	(a) (1) In Baltimore County, the clerk may not issue a trader’s license for the
1719		-	first time without the approval of the zoning commissioner.
1720		-
1721		-	(2) In an area of Cecil County where the Cecil County Office of Planning
1722		-	and Zoning has jurisdiction, the clerk may not issue a trader’s license for the first time until
1723		-	the applicant has obtained zoning approval from that office.
1724		-
1725		-	(3) (i) In Howard County, the clerk may not issue a trader’s license for
1726		-	the first time without the approval of the Director of the Office of Planning and Zoning.
1727		-
1728		-	(ii) Within 3 working days after an application for a trader’s license
1729		-	is submitted for review to the Director of the Office of Planning and Zoning, the Director
1730		-	shall notify the clerk of the approval or disapproval of the application.
1731		-
1732		-	(4) IN CALVERT COUNTY, THE CLERK MAY NOT IS SUE A TRADER ’S
1733		-	LICENSE WITHOUT THE APPROVAL OF T HE DIRECTOR OF THE OFFICE OF PLANNING
1734		-	AND ZONING FOR ALL NEW LI CENSES AND FOR ANY C HANGES TO A LOCATION FOR
1735		-	AN EXISTING LICENSE .
1736		-
1737		-	(B) THE CLERK SHALL INDIC ATE ON EACH TRADER ’S LICENSE THE PLACE
1738		-	WHERE THE LICENSED T RADER MAY DO BUSINES S AS A TRADER.
1739		-	Ch. 315 2022 LAWS OF MARYLAND
1740		-
1741		-	– 38 –
1742		-	[(b)] (C) (1) This subsection does not apply to a county or municipal
1743		-	corporation that selects a uniform license fee under [§ 17–1807.1] § 17–1806 of this
1744		-	subtitle.
1745		-
1746		-	(2) A clerk may not issue a trader’s license until the clerk reviews the
1747		-	accuracy of the statement made by the applicant on the application for a trader’s license
1748		-	under [§ 17–1806] § 17–1804 of this subtitle regarding the place where the applicant will
1749		-	do business as a trader.
1750		-
1751		-	[17–1807.1.] 17–1806.
1752		-
1753		-	(a) On or before October DECEMBER 1 each year, the governing body of a county
1754		-	or municipal corporation may select a uniform license fee for a trader’s license under [§
1755		-	17–1808(b)] § 17–1807(B) of this subtitle by submitting its selection on a form provided by
1756		-	the Comptroller and the State Department of Assessments and Taxation.
1757		-
1758		-	(b) A selection by the governing body of a county or municipal corporation under
1759		-	this section is irrevocable.
1760		-
1761		-	[17–1808.] 17–1807.
1762		-
1763		-	(a) (1) Except as otherwise provided in this section, an applicant for a trader’s
1764		-	license shall pay to the clerk a license fee.
1765		-
1766		-	(2) If the applicant’s business is located in a county or municipal
1767		-	corporation that selects a uniform license fee under [§ 17–1807.1] § 17–1806 of this
1768		-	subtitle, the applicant:
1769		-
1770		-	(i) shall pay the license fee set forth in subsection (b) of this section;
1771		-	and
1772		-
1773		-	(ii) if the county or municipal corporation in which the business is
1774		-	located provides a full tax exemption for commercial inventory, may not be required to
1775		-	submit a certification by the State Department of Assessments and Taxation of the value
1776		-	of the goods, fixtures, and stock–in–trade under § 17–302 of this title.
1777		-
1778		-	(3) If the applicant’s business is located in a county or municipal
1779		-	corporation with a license fee based on the value of the applicant’s stock–in–trade, the
1780		-	applicant shall pay the license fee under subsection (c) of this section.
1781		-
1782		-	(b) (1) This subsection applies only to a county or municipal corporation that
1783		-	selects a uniform license fee for a trader’s license under [§ 17–1807.1] § 17–1806 of this
1784		-	subtitle.
1785		-	LAWRENCE J. HOGAN, JR., Governor Ch. 315
1786		-
1787		-	– 39 –
1788		-	(2) In a county other than Baltimore City or Baltimore County, the license
1789		-	fee is $15.
1790		-
1791		-	(3) In Baltimore City or Baltimore County, the license fee is $20.
1792		-
1793		-	(c) (1) This subsection applies only to a county or municipal corporation with
1794		-	a license fee based on the value of the applicant’s stock–in–trade.
1795		-
1796		-	(2) In a county other than Baltimore City or Baltimore County, the license
1797		-	fee is:
1798		-
1799		-	(i) $15, if the value of the applicant’s stock–in–trade is not more
1800		-	than $1,000;
1801		-
1802		-	(ii) $18, if the value is more
1803		-	than $1,000 but not more than $1,500;
1804		-
1805		-	(iii) $20, if the value is more than $1,500 but not more than $2,500;
1806		-
1807		-	(iv) $25, if the value is more than $2,500 but not more than $4,000;
1808		-
1809		-	(v) $30, if the value is more than $4,000 but not more than $6,000;
1810		-
1811		-	(vi) $40, if the value is more than $6,000 but not more than $8,000;
1812		-
1813		-	(vii) $50, if the value is more than $8,000 but not more than $10,000;
1814		-
1815		-	(viii) $65, if the value is more than $10,000 but not more than $15,000;
1816		-
1817		-	(ix) $80, if the value is more than $15,000 but not more than $20,000;
1818		-
1819		-	(x) $100, if the value is more than $20,000 but not more than
1820		-	$30,000;
1821		-
1822		-	(xi) $125, if the value is more than $30,000 but not more than
1823		-	$40,000;
1824		-
1825		-	(xii) $150, if the value is more than $40,000 but not more than
1826		-	$50,000;
1827		-
1828		-	(xiii) $200, if the value is more than $50,000 but not more than
1829		-	$75,000;
1830		-
1831		-	(xiv) $250, if the value is more than $75,000 but not more than
1832		-	$100,000;
1833		-	Ch. 315 2022 LAWS OF MARYLAND
1834		-
1835		-	– 40 –
1836		-	(xv) $300, if the value is more than $100,000 but not more than
1837		-	$150,000;
1838		-
1839		-	(xvi) $350, if the value is more than $150,000 but not more than
1840		-	$200,000;
1841		-
1842		-	(xvii) $400, if the value is more than $200,000 but not more than
1843		-	$300,000;
1844		-
1845		-	(xviii) $500, if the value is more than $300,000 but not more than
1846		-	$400,000;
1847		-
1848		-	(xix) $600, if the value is more than $400,000 but not more than
1849		-	$500,000;
1850		-
1851		-	(xx) $750, if the value is more than $500,000 but not more than
1852		-	$750,000; and
1853		-
1854		-	(xxi) $800, if the value is more than $750,000.
1855		-
1856		-	(3) In Baltimore City, the license fee is:
1857		-
1858		-	(i) $20, if the value of the applicant’s stock–in–trade is not more
1859		-	than $1,000;
1860		-
1861		-	(ii) $40, if the value is more than $1,000 but not more than $5,000;
1862		-
1863		-	(iii) $80, if the value is more than $5,000 but not more than $10,000;
1864		-
1865		-	(iv) $160, if the value is more than $10,000 but not more than
1866		-	$50,000;
1867		-
1868		-	(v) $375, if the value is more than $50,000 but not more than
1869		-	$100,000;
1870		-
1871		-	(vi) $1,000, if the value is more than $100,000 but not more than
1872		-	$300,000;
1873		-
1874		-	(vii) $1,500, if the value is more than $300,000 but not more than
1875		-	$750,000; and
1876		-
1877		-	(viii) $2,125, if the value is more than $750,000.
1878		-
1879		-	(4) In Baltimore County, the license fee is:
1880		-	LAWRENCE J. HOGAN, JR., Governor Ch. 315
1881		-
1882		-	– 41 –
1883		-	(i) $20, if the value of the applicant’s stock–in–trade is not more
1884		-	than $1,000;
1885		-
1886		-	(ii) $40, if the value is more than $1,000 but not more than $5,000;
1887		-
1888		-	(iii) $80, if the value is more than $5,000 but not more than $10,000;
1889		-
1890		-	(iv) $160, if the value is more than $10,000 but not more than
1891		-	$50,000;
1892		-
1893		-	(v) $375, if the value is more than $50,000 but not more than
1894		-	$100,000;
1895		-
1896		-	(vi) $450, if the value is more than $100,000 but not more than
1897		-	$200,000;
1898		-
1899		-	(vii) $500, if the value is more than $200,000 but not more than
1900		-	$300,000;
1901		-
1902		-	(viii) $775, if the value is more than $300,000 but not more than
1903		-	$400,000;
1904		-
1905		-	(ix) $1,000, if the value is more than $400,000 but not more than
1906		-	$500,000;
1907		-
1908		-	(x) $1,250, if the value is more than $500,000 but not more than
1909		-	$750,000; and
1910		-
1911		-	(xi) $1,600, if the value is more than $750,000.
1912		-
1913		-	(d) (1) This subsection does not apply to a domestic corporation that has
1914		-	shares subject to taxation under State law.
1915		-
1916		-	(2) In determining the value of an applicant’s stock–in–trade, the clerk
1917		-	shall accept as prima facie evidence the values shown on the certification of the State
1918		-	Department of Assessments and Taxation, OR DECLARATION OF IN VENTORY FROM THE
1919		-	APPLICANT, AS required by § 17–302 of this title.
1920		-
1921		-	(e) A license fee shall be waived for:
1922		-
1923		-	(1) a visually handicapped applicant who meets the standards of [§
1924		-	17–1806(b)(1)] § 17–1804(B)(1) of this subtitle; and
1925		-
1926		-	(2) Blind Industries.
1927		-
1928		-	[17–1809. Ch. 315 2022 LAWS OF MARYLAND
1929		-
1930		-	– 42 –
1931		-
1932		-	(a) This section does not apply to an automobile service station where the
1933		-	principal business is the sale or distribution of motor fuel.
1934		-
1935		-	(b) (1) An applicant for a chain store license shall pay to the clerk a license fee
1936		-	based on the value of the applicant’s stock–in–trade under § 17–1808 of this subtitle and
1937		-	an additional license fee.
1938		-
1939		-	(2) In a county other than Baltimore City, Baltimore County, or Cecil
1940		-	County, the additional license fee is:
1941		-
1942		-	(i) $5 for each store for 2 to 5 stores;
1943		-
1944		-	(ii) $20 for each store for 6 to 10 stores;
1945		-
1946		-	(iii) $100 for each store for 11 to 20 stores; or
1947		-
1948		-	(iv) $150 for each store for more than 20 stores.
1949		-
1950		-	(3) In Baltimore City or Baltimore County, the additional license fee is:
1951		-
1952		-	(i) $12 for each store for 2 to 5 stores;
1953		-
1954		-	(ii) $50 for each store for 6 to 10 stores;
1955		-
1956		-	(iii) $250 for each store for 11 to 20 stores; or
1957		-
1958		-	(iv) $375 for each store for more than 20 stores.
1959		-
1960		-	(4) In Cecil County, the additional license fee is:
1961		-
1962		-	(i) $10 for each store for 2 to 5 stores;
1963		-
1964		-	(ii) $30 for each store for 6 to 10 stores;
1965		-
1966		-	(iii) $100 for each store for 11 to 20 stores; and
1967		-
1968		-	(iv) $300 for each store for more than 20 stores.]
1969		-
1970		-	[17–1810.
1971		-
1972		-	The clerk shall state on each trader’s license the place where the licensed trader may
1973		-	do business as a trader.]
1974		-
1975		-	[17–1811.] 17–1808.
1976		-	LAWRENCE J. HOGAN, JR., Governor Ch. 315
1977		-
1978		-	– 43 –
1979		-	[(a) (1) Except as provided in paragraph (2) of this subsection, a trader’s license
1980		-	authorizes the holder to offer goods for sale in any part of the State.]
1981		-
1982		-	(A) (1) THE CLERK SHALL STATE ON EACH TRADER ’S LICENSE THE PLACE
1983		-	WHERE THE LICENSEE M AY DO BUSINESS AS A TRADER.
1984		-
1985		-	(2) [However, a] A trader may keep a [store or fixed] place of business only
1986		-	at the place stated [in] ON the trader’s license.
1987		-
1988		-	(b) A trader’s license issued to an exhibitor authorizes the holder to do business
1989		-	as an exhibitor at any show in the State.
1990		-
1991		-	(C) A TRADER’S LICENSE ISSUED TO A PEDDLER, AS DEFINED IN § 17–901
1992		-	OF THIS TITLE, AUTHORIZES THE HOLDE R OF THE TRADER ’S LICENSE TO ACT AS A
1993		-	PEDDLER ONLY IN THE COUNTY WHERE THE TRA DER’S LICENSE WAS ISSUED .
1994		-
1995		-	[17–1812.] 17–1809.
1996		-
1997		-	(a) (1) If a trader disputes the value of the trader’s stock–in–trade on which
1998		-	the license fee is based, the trader may submit in accordance with the Tax – Property
1999		-	Article an appeal to the State Department of Assessments and Taxation as to the value of
2000		-	the stock–in–trade.
2001		-
2002		-	(2) To avoid being in default, the trader may pay the license fee and get a
2003		-	trader’s license with the understanding that the trader will get a refund of any excess
2004		-	amount paid for the trader’s license.
2005		-
2006		-	(b) (1) If the State Department of Assessments and Taxation reduces the value
2007		-	of the stock–in–trade, resulting in a lower license fee, the licensed trader may get a refund
2008		-	of any excess amount paid by submitting to the clerk who issued the trader’s license:
2009		-
2010		-	(i) a claim for the refund; and
2011		-
2012		-	(ii) supporting evidence of the reduction from the State Department
2013		-	of Assessments and Taxation.
2014		-
2015		-	(2) On approving the claim, the clerk shall pay the refund.
2016		-
2017		-	(c) If the clerk pays a refund, the clerk shall deduct the amount of the refund from
2018		-	the license fees distributed to the county or municipal corporation that receives the fee.
2019		-
2020		-	[17–1813.] 17–1810.
2021		-
2022		-	(a) Except as provided in subsection (b) of this section, a trader may transfer the
2023		-	trader’s license to a person who:
2024		-	Ch. 315 2022 LAWS OF MARYLAND
2025		-
2026		-	– 44 –
2027		-	(1) buys the stock–in–trade of the trader; and
2028		-
2029		-	(2) buys or rents the place of business of the trader.
2030		-
2031		-	(b) (1) A trader’s license issued to a visually handicapped individual or Blind
2032		-	Industries is not transferable.
2033		-
2034		-	(2) However, Blind Industries may change the manager of the place of
2035		-	business for which a trader’s license was issued if the new manager has vision that meets
2036		-	the standard of [§ 17–1806(b)(1)] § 17–1804(B)(1) of this subtitle.
2037		-
2038		-	(c) Whenever a trader sells the trader’s stock–in–trade and transfers the trader’s
2039		-	license:
2040		-
2041		-	(1) the transfer of the trader’s license shall be reported to the clerk who
2042		-	issued the license; and
2043		-
2044		-	(2) the clerk shall[:
2045		-
2046		-	(i)] record the transfer of the trader’s license[; and
2047		-
2048		-	(ii) charge 50 cents for doing so.]
2049		-
2050		-	(d) (1) In Baltimore County, the clerk may not issue a transferred trader’s
2051		-	license without the approval of the zoning commissioner.
2052		-
2053		-	[(2) (i) In Howard County, the clerk may not issue a transferred trader’s
2054		-	license without the approval of the Director of the Office of Planning and Zoning.
2055		-
2056		-	(ii) Within 3 working days after an application for issuance of a
2057		-	transferred trader’s license is submitted for review by the Director of the Office of Planning
2058		-	and Zoning, the Director shall notify the clerk of the approval or disapproval of the
2059		-	application.]
2060		-
2061		-	(2) IN CALVERT COUNTY, THE CLERK MAY NOT IS SUE A
2062		-	TRANSFERRED TRADER ’S LICENSE UNLESS THE ZONING REQUIREMENTS UNDER §
2063		-	17–307 OF THIS TITLE ARE ME T.
2064		-
2065		-	(e) A person who buys a trader’s license may do business as a trader for the rest
2066		-	of the term of the trader’s license.
2067		-
2068		-	[17–1814.] 17–1811.
2069		-
2070		-	(a) A promoter may not allow an exhibitor to do business at a show unless, before
2071		-	the show, the exhibitor submits to the promoter: LAWRENCE J. HOGAN, JR., Governor Ch. 315
2072		-
2073		-	– 45 –
2074		-
2075		-	(1) a photocopy of the trader’s license of the exhibitor; or
2076		-
2077		-	(2) an exhibitor’s affidavit in accordance with § [17–1804(d)(2)]
2078		-	17–1803(D)(2) or (3) of this subtitle.
2079		-
2080		-	(b) The exhibitor’s affidavit or the photocopy of the trader’s license shall be
2081		-	displayed conspicuously during the show.
2082		-
2083		-	(c) Within 7 days after a show ends, the promoter shall submit to the Comptroller
2084		-	the exhibitors’ affidavits.
2085		-
2086		-	[17–1815.
2087		-
2088		-	(a) (1) In this section the following words have the meanings indicated.
2089		-
2090		-	(2) “Yacht brokerage” means the sale of new or used vessels.
2091		-
2092		-	(3) (i) “Yacht salesperson” means an individual who provides yacht
2093		-	brokerage services on behalf of a licensed trader.
2094		-
2095		-	(ii) “Yacht salesperson” includes a licensed yacht broker.
2096		-
2097		-	(b) Subject to the provisions of this section, a licensed trader who sells yachts
2098		-	may, at the trader’s option, utilize as an independent contractor, employ, or otherwise
2099		-	contract with a yacht salesperson.
2100		-
2101		-	(c) A yacht salesperson:
2102		-
2103		-	(1) may operate under a trader’s license; and
2104		-
2105		-	(2) is not required to be licensed personally.
2106		-
2107		-	(d) (1) A licensed trader shall exercise reasonable and adequate supervision
2108		-	over the provision of yacht brokerage services by a yacht salesperson on behalf of the trader.
2109		-
2110		-	(2) The requirement of paragraph (1) of this subsection shall apply
2111		-	regardless of the manner in which a yacht salesperson is affiliated with the trader on whose
2112		-	behalf the services are rendered.]
2113		-
2114		-	[17–1816.] 17–1812.
2115		-
2116		-	A person, including a licensed physician, who violates or conspires to violate any
2117		-	provision of this subtitle that relates to trader’s licenses for visually handicapped
2118		-	individuals or Blind Industries is guilty of a misdemeanor and, on conviction, is subject to
2119		-	a fine not exceeding $1,000 or imprisonment not exceeding 6 months or both. Ch. 315 2022 LAWS OF MARYLAND
2120		-
2121		-	– 46 –
2122		-
2123		-	Subtitle 19. Vending Machines.
2124		-
2125		-	17–1902.
2126		-
2127		-	This subtitle does not apply to:
2128		-
2129		-	(1) the sale or offering for sale of [cigarettes,] newspapers, magazines,
2130		-	paper cups, paper or cloth towels, soap, toilet seat covers, postage stamps, or sanitary
2131		-	napkins; [or]
2132		-
2133		-	(2) the sale or offering for sale of merchandise through a bulk vending
2134		-	machine as defined in § 11–201.1 of the Tax – General Article; OR
2135		-
2136		-	(3) THE SALE OF TOBACCO PRODUCTS THROUGH A V ENDING
2137		-	MACHINE UNDER TITLE 16, SUBTITLE 3A OF THIS ARTICLE.
2138		-
2139		-	17–1904.
2140		-
2141		-	(A) An applicant for a vending machine license shall pay to the clerk a license fee
2142		-	of $2.50 for each vending machine.
2143		-
2144		-	(B) ALL VENDING MACHINE L ICENSE FEES COLLECTE D UNDER THIS
2145		-	SECTION SHALL BE PAI D TO THE COMPTROLLER .
2146		-
2147		-	17–1905.
2148		-
2149		-	(a) [The clerk shall give each vending machine licensee an identification label for
2150		-	each vending machine.] THE COMPTROLLER SHALL PRI NT AND DELIVER TO TH E
2151		-	CLERK A LICENSE STIC KER FOR EACH VENDING MACHINE.
2152		-
2153		-	(B) THE CLERK SHALL GIVE EACH VENDING MACHINE LICENSEE A LICENSE
2154		-	STICKER FOR EACH VEN DING MACHINE .
2155		-
2156		-	[(b)] (C) (1) Subject to regulations adopted by the Comptroller, the
2157		-	[identification label] LICENSE STICKER shall be attached to the vending machine so that
2158		-	the identification label is easily visible.
2159		-
2160		-	(2) In addition, the name and telephone number of the vending machine
2161		-	licensee or owner of the vending machine shall be displayed on each vending machine so
2162		-	that the name and telephone number are easily visible.
2163		-
2164		-	[(c)] (D) (1) If an inspector finds that a vending machine does not display the
2165		-	[identification label] LICENSE STICKER required by this section, the inspector promptly
2166		-	shall: LAWRENCE J. HOGAN, JR., Governor Ch. 315
2167		-
2168		-	– 47 –
2169		-
2170		-	(i) notify the vending machine licensee or owner in writing of the
2171		-	violation; and
2172		-
2173		-	(ii) require that the vending machine licensee or owner display the
2174		-	[identification label] LICENSE STICKER properly within 10 days after receiving notice of
2175		-	the violation.
2176		-
2177		-	(2) If the vending machine licensee or owner fails to display the
2178		-	[identification label] LICENSE STICKER properly within 10 days, the inspector shall:
2179		-
2180		-	(i) seal the vending machine to prevent further use; and
2181		-
2182		-	(ii) take necessary action to enforce the licensing provisions of this
2183		-	subtitle.
2184		-
2185		-	(3) If neither the [identification label] LICENSE STICKER nor the name
2186		-	and telephone number of the vending machine licensee or owner are displayed properly,
2187		-	the inspector:
2188		-
2189		-	(i) immediately shall seal the vending machine to prevent further
2190		-	use; and
2191		-
2192		-	(ii) shall take necessary action to enforce this subtitle.
2193		-
2194		-	17–1906.
2195		-
2196		-	(a) A person may not sell goods or offer goods for sale through a vending machine
2197		-	in the State unless the person has a vending machine license that covers that machine.
2198		-
2199		-	(B) AN UNAUTHORIZED PERSO N MAY NOT REMOVE OR TAMPER WITH A
2200		-	LICENSE STICK ER OR SEAL ON A VEND ING MACHINE.
2201		-
2202		-	[(b)] (C) A person who violates ANY PROVISION OF this [section] SUBTITLE is
2203		-	guilty of a misdemeanor and, on conviction, is subject to a fine not exceeding $100.
2204		-
2205		-	[17–1907.
2206		-
2207		-	(a) An unauthorized person may not remove or tamper with a seal on a vending
2208		-	machine.
2209		-
2210		-	(b) A person who violates this section is guilty of a misdemeanor and, on
2211		-	conviction, is subject to a fine not exceeding $100.]
2212		-
2213		-	Subtitle 21. General Prohibited Acts; Penalties.
2214		-	Ch. 315 2022 LAWS OF MARYLAND
2215		-
2216		-	– 48 –
2217		-	17–2101.
2218		-
2219		-	In this subtitle, “license” has the meaning stated in [§ 17–201] §§ 17–101 AND
2220		-	17–201 of this title.
2221		-
2222		-	17–2103.
2223		-
2224		-	A person may not fail to display a license, LICENSE STICKER , OR METAL TAG as
2225		-	required by this title.
2226		-
2227		-	SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect
2228		-	October 1, 2022.
2229		-
2230		-	Approved by the Governor, May 12, 2022.
	1	+
	2	+
	3	+	EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
	4	+	[Brackets] indicate matter deleted from existing law.
	5	+	Underlining indicates amendments to bill.
	6	+	Strike out indicates matter stricken from the bill by amendment or deleted from the law by
	7	+	amendment.
	8	+	Italics indicate opposite chamber/conference committee amendments.
	9	+	sb0496
	10	+
	11	+	SENATE BILL 496
	12	+	C2, L6 (2lr0986)
	13	+	ENROLLED BILL
	14	+	— Finance/Economic Matters —
	15	+	Introduced by Senator Beidle
	16	+
	17	+	Read and Examined by Proofreaders:
	18	+
	19	+	_______________________________________________
	20	+	Proofreader.
	21	+	_______________________________________________
	22	+	Proofreader.
	23	+
	24	+	Sealed with the Great Seal and presented to the Governor, for his approval this
	25	+
	26	+	_______ day of _______________ at _________________ _______ o’clock, ________M.
	27	+
	28	+	______________________________________________
	29	+	President.
	30	+
	31	+	CHAPTER ______
	32	+
	33	+	AN ACT concerning 1
	34	+
	35	+	Business Regulation – Miscellaneous State Business Licenses – Alterations 2
	36	+
	37	+	FOR the purpose of altering certain administrative and enforcement provisions for business 3
	38	+	licenses issued in the State; altering certain licensing provisions for certain 4
	39	+	businesses in the State, including construction, garages, peddlers, junk dealers and 5
	40	+	scrap metal processors, laundries and dry cleaners, storage warehouses, restaurants, 6
	41	+	chain stores, traders, and vending machines; repealing the provisions of law for the 7
	42	+	licensure of amusement devices, wholesale farm machinery dealers, plumbers and 8
	43	+	gas fitters, and trading stamp issuers; and generally relating to the issuance of 9
	44	+	business licenses in the State. 10
	45	+
	46	+	BY repealing 11
	47	+	Article – Business Regulation 12
	48	+	Section 17–203 through 17–205; 17–401 through 17–454 and the subtitle “Subtitle 13
	49	+	4. Amusement Devices”; 17–701 through 17–703 and the subtitle “Subtitle 7. 14 2 SENATE BILL 496
	50	+
	51	+
	52	+	Wholesale Farm Machinery Dealers”; 17–904, 17–910, 17–913, and 17–915; 1
	53	+	the part designation “Part I. Definitions” immediately preceding Section 2
	54	+	17–1001; 17–1005 and the part “Part II. State Licensing”; 17–1009; 17–1501 3
	55	+	through 17–1504 and the subtitle “Subtitle 15. Plumbers and Gas Fitters”; 4
	56	+	17–1803, 17–1805, 17–1809, 17–1810, 17–1815; 17–1907; and 17–2001 5
	57	+	through 17–2003 and the subtitle “Subtitle 20. Trading Stamp Issuers” 6
	58	+	Annotated Code of Maryland 7
	59	+	(2015 Replacement Volume and 2021 Supplement) 8
	60	+
	61	+	BY repealing and reenacting, with amendments, 9
	62	+	Article – Business Regulation 10
	63	+	Section 17–101, 17–102, 17–201, 17–202(e), 17–206, 17–301, 17–302, 17–303(c), 11
	64	+	17–305(a), 17–601, 17–602, 17–603, 17–801, 17–901, 17–907, 12
	65	+	17–908, 17–911, 17–912, 17–1001, 17–1006, 17–1007, 17–1008, 17–1010, 13
	66	+	17–1011, 17–1012, 17–1013, 17–1101, 17–1102, 17–1201 through 17–1204, 14
	67	+	and 17–1601, and 17–1603; 17–1801, 17–1804, 17–1806, 17–1807, 17–1807.1, 15
	68	+	17–1808, 17–1811, 17–1812, 17–1813, 17–1814, and 17–1816 to be under the 16
	69	+	amended subtitle “Subtitle 18. Traders”; and 17–1902, 17–1904, 17–1905, 17
	70	+	17–1906, 17–2101, and 17–2103 18
	71	+	Annotated Code of Maryland 19
	72	+	(2015 Replacement Volume and 2021 Supplement) 20
	73	+
	74	+	BY adding to 21
	75	+	Article – Business Regulation 22
	76	+	Section 17–202(e) and 17–303(d); and 17–17A–01 through 17–17A–04 to be under 23
	77	+	the new subtitle “Subtitle 17A. Chain Stores” 24
	78	+	Annotated Code of Maryland 25
	79	+	(2015 Replacement Volume and 2021 Supplement) 26
	80	+
	81	+	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 27
	82	+	That Section(s) 17–401 through 17–454 and the subtitle “Subtitle 4. Amusement Devices”; 28
	83	+	17–701 through 17–703 and the subtitle “Subtitle 7. Wholesale Farm Machinery Dealers”; 29
	84	+	17–1501 through 17–1504 and the subtitle “Subtitle 15. Plumbers and Gas Fitters”; and 30
	85	+	17–2001 through 17–2003 and the subtitle “Subtitle 20. Trading Stamp Issuers” of Article 31
	86	+	– Business Regulation of the Annotated Code of Maryland be repealed. 32
	87	+
	88	+	SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 33
	89	+	as follows: 34
	90	+
	91	+	Article – Business Regulation 35
	92	+
	93	+	Subtitle 1. Definitions; General Provisions. 36
	94	+
	95	+	17–101. 37
	96	+
	97	+	(a) In this title the following words have the meanings indicated. 38
	98	+	SENATE BILL 496 3
	99	+
	100	+
	101	+	(b) “Goods” means tangible personal property , ITEMS OF TRADE , 1
	102	+	MERCHANDISE , OR OTHER TYPES OF PR ODUCTS SOLD AT WHOLE SALE OR RETAIL . 2
	103	+
	104	+	(C) “LICENSE” MEANS A LICENSE ISSU ED UNDER THIS TITLE . 3
	105	+
	106	+	[(c)] (D) (1) “Sale” [includes barter] MEANS THE EXCHANGE O R 4
	107	+	TRANSFER, OR THE AGREEMENT TO CHANGE OR TRANSFER , TITLE OR POSSESSION 5
	108	+	OF GOODS IN ANY MANN ER FOR CONSIDERATION . 6
	109	+
	110	+	(2) “SALE” INCLUDES BARTER . 7
	111	+
	112	+	[(d)] (E) “Sell” includes barter. 8
	113	+
	114	+	(F) “STOCK–IN–TRADE” MEANS: 9
	115	+
	116	+	(1) GOODS HELD FOR SALE AND REPORTED AS INVE NTORY ON THE 10
	117	+	BUSINESS PERSONAL PROPERTY TAX RETURN FILED WITH THE STATE 11
	118	+	DEPARTMENT OF ASSESSMENTS AND TAXATION; OR 12
	119	+
	120	+	(2) EXCEPT FOR ALCOHOLIC BEVERAGES, GOODS HELD FOR SALE 13
	121	+	AND REPORTED AS INVE NTORY ON THE BUSINESS PERSONAL PROPERTY TAX 14
	122	+	RETURN FILED WITH THE STATE DEPARTMENT OF ASSESSMENTS AND TAXATION 15
	123	+	FOR DETERMINING THE VALUATION OF A TRADE R’S LICENSE UNDER SUBTITLE 18 16
	124	+	OF THIS TITLE. 17
	125	+
	126	+	[(e)] (G) “Trader” [includes] MEANS a person who operates a room or other place 18
	127	+	of business for selling goods, INCLUDING GOODS SOLD at auction. 19
	128	+
	129	+	[(f)] (H) “Trader’s license” means a license issued by the clerk to do business as 20
	130	+	a trader. 21
	131	+
	132	+	17–102. 22
	133	+
	134	+	(A) THIS TITLE APPLIES TO A PERSON WHO IS ENGA GED IN A FOR–PROFIT 23
	135	+	BUSINESS. 24
	136	+
	137	+	(B) This title does not apply to [a person who does not buy or sell in a trade or 25
	138	+	business carried on for profit]: 26
	139	+
	140	+	(1) A PERSON WHO IS ENGA GED IN A NOT–FOR–PROFIT BUSINESS OR 27
	141	+	A BUSINESS EXEMPT FR OM TAXATION UNDER TH E FEDERAL INTERNAL REVENUE 28
	142	+	CODE; OR 29
	143	+
	144	+	(2) A GOVERNMENTAL UNIT . 30 4 SENATE BILL 496
	145	+
	146	+
	147	+
	148	+	Subtitle 2. Administration and Enforcement. 1
	149	+
	150	+	17–201. 2
	151	+
	152	+	(a) In this subtitle, “license” means a license issued by a clerk under this title. 3
	153	+
	154	+	(b) In this subtitle, “license” includes: 4
	155	+
	156	+	[(1) a console machine license issued under Subtitle 4 of this title; 5
	157	+
	158	+	(2) a pinball machine license issued under Subtitle 4 of this title; 6
	159	+
	160	+	(3) a Wicomico County pinball machine license issued under Subtitle 4 of 7
	161	+	this title; 8
	162	+
	163	+	(4) a Garrett County amusement device license issued under Subtitle 4 of 9
	164	+	this title; 10
	165	+
	166	+	(5) a billiard table license issued under Subtitle 5 of this title;] 11
	167	+
	168	+	[(6)] (1) a construction license issued under Subtitle 6 of this title; 12
	169	+
	170	+	[(7)] (2) a nonresident construction license issued under Subtitle 6 of this 13
	171	+	title; 14
	172	+
	173	+	[(8) a wholesale farm machinery dealer’s license issued under Subtitle 7 of 15
	174	+	this title;] 16
	175	+
	176	+	[(9)] (3) a garage license issued under Subtitle 8 of this title; 17
	177	+
	178	+	[(10)] (4) a peddler license issued under Subtitle 9 of this title; 18
	179	+
	180	+	[(11)] (5) a CALVERT COUNTY magazine seller license issued under 19
	181	+	Subtitle 9 of this title; 20
	182	+
	183	+	[(12)] (6) a junk dealer or scrap metal processor license issued under 21
	184	+	Subtitle 10 of this title; 22
	185	+
	186	+	[(13)] (7) an agent license issued under Subtitle 10 of this title; 23
	187	+
	188	+	[(14)] (8) a Calvert County junk dealer or scrap metal processor license 24
	189	+	issued under Subtitle 10 of this title; 25
	190	+
	191	+	[(15)] (9) a license to do the business of cleaning, dyeing, pressing, or 26
	192	+	laundering ON–SITE issued under Subtitle 11 of this title; 27 SENATE BILL 496 5
	193	+
	194	+
	195	+
	196	+	[(16)] (10) a [license to keep a] storage warehouse LICENSE issued under 1
	197	+	Subtitle 12 of this title; 2
	198	+
	199	+	[(17) a State juke box license issued under Subtitle 13 of this title; 3
	200	+
	201	+	(18) a Harford County juke box license issued under Subtitle 13 of this title;] 4
	202	+
	203	+	[(19)] (11) a promoter license issued under Subtitle 14 of this title; 5
	204	+
	205	+	[(20) a plumber’s license issued under Subtitle 15 of this title;] 6
	206	+
	207	+	[(21)] (12) a restaurant license issued under Subtitle 16 of this title; 7
	208	+
	209	+	[(22)] (13) a trader’s license issued under Subtitle 18 of this title; 8
	210	+
	211	+	[(23)] (14) a chain store license issued under Subtitle [18] 17A of this title; 9
	212	+	AND 10
	213	+
	214	+	[(24)] (15) a vending machine license issued under Subtitle 19 of this title[; 11
	215	+	and 12
	216	+
	217	+	(25) a license to do business as a trading stamp issuer issued under Subtitle 13
	218	+	20 of this title]. 14
	219	+
	220	+	17–202. 15
	221	+
	222	+	(E) THE COMPTROLLER SHALL MAK E ALL LICENSE MATERI ALS, INCLUDING 16
	223	+	STICKERS, AVAILABLE TO THE CLE RKS ON OR BEFORE APRIL 1 EACH YEAR. 17
	224	+
	225	+	[(e)] (F) The Comptroller may adopt regulations to: 18
	226	+
	227	+	(1) carry out this title; and 19
	228	+
	229	+	(2) define any term used in this title. 20
	230	+
	231	+	[17–203. 21
	232	+
	233	+	(a) The Comptroller shall: 22
	234	+
	235	+	(1) cause to be printed or otherwise prepared, in the form required by law 23
	236	+	or usage, blank licenses of each kind authorized by law; and 24
	237	+
	238	+	(2) deliver to the clerks the number and kind of blank licenses that they 25
	239	+	need. 26 6 SENATE BILL 496
	240	+
	241	+
	242	+
	243	+	(b) (1) Before May 1 of each year, each clerk shall apply to the Comptroller for 1
	244	+	the number of blank licenses that the clerk is likely to need for the year that begins on May 2
	245	+	1. 3
	246	+
	247	+	(2) Each clerk shall apply to the Comptroller for blank licenses at other 4
	248	+	times as necessary. 5
	249	+
	250	+	(c) If a clerk fails to comply with subsection (b) of this section, the clerk shall pay 6
	251	+	a penalty of $1,000 for each violation.] 7
	252	+
	253	+	[17–204. 8
	254	+
	255	+	(a) On or before the first Monday of June and the first Monday of December of 9
	256	+	each year, each clerk shall submit to the Comptroller, under oath, a list and account of 10
	257	+	licenses issued by the clerk. 11
	258	+
	259	+	(b) The list shall contain: 12
	260	+
	261	+	(1) the number of licenses issued; 13
	262	+
	263	+	(2) the kind of each license issued; 14
	264	+
	265	+	(3) the date of issuance of each license; 15
	266	+
	267	+	(4) the license fee received for each license; 16
	268	+
	269	+	(5) the name of each licensee; and 17
	270	+
	271	+	(6) the number and kind of any blank licenses remaining unissued. 18
	272	+
	273	+	(c) If a clerk fails to comply with this section, the Comptroller shall: 19
	274	+
	275	+	(1) charge the clerk, at the rates set by law, with the whole amount of blank 20
	276	+	licenses delivered to the clerk; and 21
	277	+
	278	+	(2) immediately bring suit against the official bond of the clerk to recover 22
	279	+	that amount.] 23
	280	+
	281	+	[17–205. 24
	282	+
	283	+	On or before the tenth day of each month, each clerk shall send to the State 25
	284	+	Department of Assessments and Taxation a copy of each license and the application for 26
	285	+	each license that the clerk issued during the preceding month.] 27
	286	+
	287	+	[17–206.] 17–203. 28 SENATE BILL 496 7
	288	+
	289	+
	290	+
	291	+	(a) This section does not apply to: 1
	292	+
	293	+	(1) [a console machine license, pinball machine license, Wicomico County 2
	294	+	pinball machine license, or Garrett County amusement device license issued under Subtitle 3
	295	+	4 of this title; 4
	296	+
	297	+	(2)] a Calvert County peddler license or magazine seller license issued 5
	298	+	under Subtitle 9 of this title; 6
	299	+
	300	+	[(3)] (2) a junk dealer or scrap metal processor license[,] OR agent 7
	301	+	license[, or Calvert County junk dealer or scrap metal processor license] issued under 8
	302	+	Subtitle 10 of this title; 9
	303	+
	304	+	[(4)] (3) a [license to keep a] storage warehouse LICENSE issued under 10
	305	+	Subtitle 12 of this title; 11
	306	+
	307	+	[(5)] (4) a promoter license issued under Subtitle 14 of this title; OR 12
	308	+
	309	+	[(6)] (5) a vending machine license issued under Subtitle 19 of this title[; 13
	310	+	or 14
	311	+
	312	+	(7) a license to do business as a trading stamp issuer issued under Subtitle 15
	313	+	20 of this title]. 16
	314	+
	315	+	(b) Except as provided in subsections (a) and (c) of this section or otherwise in this 17
	316	+	title, each clerk shall account for and distribute the LICENSE fees received for licenses 18
	317	+	issued under this title as follows: 19
	318	+
	319	+	(1) the clerk shall pay into the General Fund of the State: 20
	320	+
	321	+	(i) the percentage of license fees authorized [by law as a fee of the 21
	322	+	office; 22
	323	+
	324	+	(ii) the additional issuance fee now allowed; and] UNDER § 2–213 23
	325	+	OF THE COURTS ARTICLE; AND 24
	326	+
	327	+	[(iii)] (II) 3% of license fees to defray the expenses of the State 25
	328	+	License Bureau; and 26
	329	+
	330	+	(2) [except as provided in subsection (d) of this section,] the clerk shall 27
	331	+	distribute the remaining license fees: 28
	332	+
	333	+	(i) to the municipal corporation where the licensed business or 29
	334	+	activity is located, if the licensed business or activity is located in a municipal corporation; 30
	335	+	or 31 8 SENATE BILL 496
	336	+
	337	+
	338	+
	339	+	(ii) to the county where the licensed business or activity is located, if 1
	340	+	the licensed business or activity is not located in a municipal corporation. 2
	341	+
	342	+	(c) A clerk shall account for and pay into the General Fund of the State the entire 3
	343	+	fee received for a trader’s license issued in a county or municipal corporation that selects a 4
	344	+	uniform license fee under [§ 17–1807.1] § 17–1806 of this title. 5
	345	+
	346	+	(D) THE CLERK SHALL PAY A LL ISSUANCE FEES INT O THE GENERAL FUND 6
	347	+	OF THE STATE. 7
	348	+
	349	+	[(d)] (E) (1) For purposes of this subsection, per capita revenue shall be 8
	350	+	computed by using the population figures from the later of: 9
	351	+
	352	+	(i) the most recent federal census; or 10
	353	+
	354	+	(ii) an official local census. 11
	355	+
	356	+	(2) The clerk may not distribute license fees to a county or municipal 12
	357	+	corporation unless the county or municipal corporation: 13
	358	+
	359	+	(i) levies, in its current fiscal year, taxes sufficient to collect at least 14
	360	+	$1.00 per capita in revenue; and 15
	361	+
	362	+	(ii) certifies to the Comptroller a copy of the levy. 16
	363	+
	364	+	(3) THE COMPTROLLER SHALL NOT IFY THE CLERK IF A C OUNTY OR 17
	365	+	MUNICIPALITY HAS NOT CERTIFIED A COPY OF THE LEVY AS REQUIRED UNDER 18
	366	+	PARAGRAPH (2) OF THIS SUBSECTION . 19
	367	+
	368	+	[(3)] (4) The clerk shall pay into the General Fund of the State any money 20
	369	+	that is not distributed at the end of the fiscal year of a county or municipal corporation 21
	370	+	because the county or municipal corporation failed to make the levy and certification 22
	371	+	required by paragraph (2) of this subsection. 23
	372	+
	373	+	Subtitle 3. General Business Licensing Provisions. 24
	374	+
	375	+	17–301. 25
	376	+
	377	+	In this subtitle, “license” has the meaning stated in [§ 17–201] §§ 17–101 AND 26
	378	+	17–201 of this title. 27
	379	+
	380	+	17–302. 28
	381	+	SENATE BILL 496 9
	382	+
	383	+
	384	+	(a) (1) [Except] SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION A ND 1
	385	+	EXCEPT as otherwise provided in this title, an applicant for a NEW license under this title 2
	386	+	shall SUBMIT TO THE CLERK : 3
	387	+
	388	+	[(1)] (I) [submit to the clerk, in duplicate,] an application [on the form] 4
	389	+	that the clerk provides; AND 5
	390	+
	391	+	[(2) submit to the clerk a receipt or certificate for taxes in accordance with 6
	392	+	subsection (c) of this section; and] 7
	393	+
	394	+	[(3)] (II) [pay to the clerk] PAYMENT OF the appropriate license fee 8
	395	+	required by this title. 9
	396	+
	397	+	(2) IF AN APPLICANT IS AP PLYING FOR A NEW TRA DER’S LICENSE 10
	398	+	UNDER IN A COUNTY OR MUNIC IPALITY THAT HAS NOT SELECTED A UNIFORM 11
	399	+	LICENSE FEE UNDER § 17–1806 OF THIS TITLE, THE APPLICANT SHALL SUBMIT TO 12
	400	+	THE CLERK A CERTIFIC ATION BY THE STATE DEPARTMENT OF ASSESSMENTS AND 13
	401	+	TAXATION, OR OTHER CERTIFICATI ON ACCEPTABLE TO THE CLERK, OF THE VALUE 14
	402	+	OF THE STOCK–IN–TRADE REPORTED AS IN VENTORY ON THE BUSINESS PERSONAL 15
	403	+	PROPERTY TAX RETURN IN EACH COUNTY WHERE THE BUSINESS I S LOCATED FOR 16
	404	+	THE APPROPRIATE VALU ATION YEAR. 17
	405	+
	406	+	(b) (1) [Each application for a license shall be verified in the way and contain 18
	407	+	the information that the Comptroller requires by regulation.] SUBJECT TO PARAGRAPH 19
	408	+	(2) OF THIS SUBSECTION A ND EXCEPT AS OTHERWI SE PROVIDED IN THIS TITLE, A 20
	409	+	LICENSEE APPLYING FO R RENEWAL OF A LICEN SE SHALL SUBMIT TO T HE CLERK, 21
	410	+	ELECTRONICALLY OR OT HERWISE: 22
	411	+
	412	+	(I) A CERTIFICATION BY T HE COUNTY TREASURER UNDER 23
	413	+	SUBSECTION (C) OF THIS SECTION THAT THERE ARE NO UNPAID TAXES DUE TO THE 24
	414	+	STATE OR COUNTY ON TH E FIXTURES OR STOCK –IN–TRADE; AND 25
	415	+
	416	+	(II) PAYMENT OF THE APPRO PRIATE LICENSE FEE R EQUIRED BY 26
	417	+	THIS TITLE. 27
	418	+
	419	+	(2) IF A LICENSEE IS APPL YING TO RENEW A TRAD ER’S LICENSE 28
	420	+	UNDER THIS TITLE, THE LICENSEE SHALL S UBMIT TO THE CLERK A CERTIFICATION 29
	421	+	BY THE STATE DEPARTMENT OF ASSESSMENTS AND TAXATION, OR OTHER 30
	422	+	CERTIFICATION ACCEPT ABLE TO THE CLERK , OF THE VALUE OF THE FIXTURES AND 31
	423	+	STOCK–IN–TRADE REPORTED AS IN VENTORY ON THE BUSINESS PERSONAL 32
	424	+	PROPERTY TAX RETURN IN EACH COUNTY WHERE THE BUSINESS I S LOCATED FOR 33
	425	+	THE APPLICANT ’S BUSINESS FOR THE A PPROPRIATE VALUATION YEAR. 34
	426	+	10 SENATE BILL 496
	427	+
	428	+
	429	+	(c) (1) In this subsection, “county treasurer” includes the Director of Finance 1
	430	+	or other chief fiscal officer of a county that does not have a county treasurer. 2
	431	+
	432	+	(2) This subsection does not apply to a domestic corporation that has 3
	433	+	shares subject to taxation under State law. 4
	434	+
	435	+	(3) Except as otherwise provided in this title, [an applicant] A LICENSEE 5
	436	+	APPLYING for RENEWAL OF a license shall submit to the clerk, ELECTRONICALLY OR 6
	437	+	OTHERWISE : 7
	438	+
	439	+	(i) [a certification by the State Department of Assessments and 8
	440	+	Taxation of the value of the goods, fixtures, and stock in trade in each county where the 9
	441	+	business is located for the applicant’s business for the valuation year; 10
	442	+
	443	+	(ii)] a certification by the county treasurer of that county, IF 11
	444	+	APPLICABLE, that there are no unpaid taxes due to the [State or] county on the [goods,] 12
	445	+	fixtures[, or stock in trade] OR STOCK–IN–TRADE; [and] 13
	446	+
	447	+	[(iii)] (II) a certification by the municipal corporation, if any, where 14
	448	+	the business is located that there are no unpaid taxes due to the municipal corporation on 15
	449	+	the [goods,] fixtures[, or stock in trade] OR STOCK–IN–TRADE; AND 16
	450	+
	451	+	(III) A CERTIFICATION BY THE COMPTROLLER THAT THER E ARE 17
	452	+	NO UNPAID TAXES DUE TO THE STATE. 18
	453	+
	454	+	[(4)] (D) In this [subsection] SECTION, the valuation year: 19
	455	+
	456	+	[(i)] (1) in Washington County, is the fiscal year that includes May 20
	457	+	1 of the calendar year when the license is issued; or 21
	458	+
	459	+	[(ii)] (2) in each other county, is the [last] SECOND PRECEDING 22
	460	+	calendar year before the year for which the license is sought. 23
	461	+
	462	+	[(d)] (E) (1) This subsection applies only in Calvert County. 24
	463	+
	464	+	(2) The clerk may not issue a license under this title for the first time to a 25
	465	+	business that will be located in Calvert County unless the applicant submits to the clerk a 26
	466	+	certification that the location of the business for which the license is sought is zoned for the 27
	467	+	type of business for which the applicant is seeking a license. 28
	468	+
	469	+	(3) The certification must be issued from: 29
	470	+
	471	+	(i) the Calvert County Department of Planning and Zoning; or 30
	472	+	SENATE BILL 496 11
	473	+
	474	+
	475	+	(ii) the appropriate municipal corporation, if the location of the 1
	476	+	proposed business is within the boundaries of a municipal corporation. 2
	477	+
	478	+	(F) EACH APPLICATION FOR A LICENSE SHALL CONT AIN ANY INFORMATION 3
	479	+	REQUIRED BY THE COMPTROLLER IN REGULA TION. 4
	480	+
	481	+	17–303. 5
	482	+
	483	+	(c) (1) A person who must have a license under this title but does not get the 6
	484	+	license on time shall pay to the clerk, in addition to the required license fee, a late fee. 7
	485	+
	486	+	(2) [The] SUBJECT TO PARAGRAPH (3) OF THIS SUBSECTION , THE late 8
	487	+	fee shall be the sum of: 9
	488	+
	489	+	(i) 10% of the required license fee for the calendar month following 10
	490	+	the calendar month when the required license fee is due; and 11
	491	+
	492	+	(ii) 2% of the required license fee for each calendar month or part of 12
	493	+	a month after that. 13
	494	+
	495	+	(3) A LATE FEE IMPOSED UND ER THIS SUBSECTION M AY NOT EXCEED 14
	496	+	30% OF THE REQUIRED LICE NSE FEE FOR THE LICE NSE YEAR. 15
	497	+
	498	+	(D) THE COMPTROLLER SHALL CHA RGE AN ISSUANCE FEE FOR EACH 16
	499	+	LICENSE THAT IS ISSU ED OR TRANSFERRED . 17
	500	+
	501	+	17–305. 18
	502	+
	503	+	(a) (1) Except as otherwise provided in this title, a license is effective on May 19
	504	+	1. 20
	505	+
	506	+	(2) Whenever a person begins business after May 31, the clerk shall issue 21
	507	+	a license that is effective on the [first of the month when the person begins business under 22
	508	+	the license] DATE OF ISSUANCE . 23
	509	+
	510	+	Subtitle 6. Construction. 24
	511	+
	512	+	17–601. 25
	513	+
	514	+	(a) In this subtitle the following words have the meanings indicated. 26
	515	+
	516	+	(b) “Construction license” means a license issued by the clerk to do construction 27
	517	+	business. 28
	518	+
	519	+	(c) (1) “Do construction business” means to agree to: 29
	520	+	12 SENATE BILL 496
	521	+
	522	+
	523	+	[(1)] (I) pave or curb a sidewalk, street, or other public or private 1
	524	+	property; 2
	525	+
	526	+	[(2)] (II) excavate earth, rock, or other material for a foundation or other 3
	527	+	purpose; or 4
	528	+
	529	+	[(3)] (III) do work on or in a building or other structure that requires the 5
	530	+	use of a building material, including: 6
	531	+
	532	+	[(i)] 1. paint; 7
	533	+
	534	+	[(ii)] 2. stone; 8
	535	+
	536	+	[(iii)] 3. brick; 9
	537	+
	538	+	[(iv)] 4. mortar; 10
	539	+
	540	+	[(v)] 5. wood; 11
	541	+
	542	+	[(vi)] 6. cement; 12
	543	+
	544	+	[(vii)] 7. structural iron; 13
	545	+
	546	+	[(viii)] 8. structural steel; 14
	547	+
	548	+	[(ix)] 9. sheet iron; 15
	549	+
	550	+	[(x)] 10. galvanized iron; 16
	551	+
	552	+	[(xi)] 11. metallic piping; 17
	553	+
	554	+	[(xii)] 12. tin; 18
	555	+
	556	+	[(xiii)] 13. lead; 19
	557	+
	558	+	[(xiv)] 14. electric wiring; or 20
	559	+
	560	+	[(xv)] 15. any other metal. 21
	561	+
	562	+	(2) “DO CONSTRUCTION BUSIN ESS” DOES NOT INCLUDE HOM E 22
	563	+	IMPROVEMENT AS DEFIN ED IN § 8–101 OF THIS ARTICLE. 23
	564	+
	565	+	(d) “Nonresident construction license” means a construction license issued by the 24
	566	+	clerk to a person who is incorporated or has its principal office in another state. 25
	567	+	SENATE BILL 496 13
	568	+
	569	+
	570	+	17–602. 1
	571	+
	572	+	(a) Except as provided in § 8–317 of this article, a person must have a construction 2
	573	+	license whenever the person does construction business in the State. 3
	574	+
	575	+	(b) [(1)] [Except as provided in paragraph (3) of this subsection, a] A person who 4
	576	+	is incorporated or has its principal office in another state must [also] have a nonresident 5
	577	+	construction license, IN ADDITION TO ANY O THER LICENSE REQUIRE D BY LAW, 6
	578	+	whenever the person does construction business in this State. 7
	579	+
	580	+	[(2) Except as provided in paragraph (3) of this subsection, an additional 8
	581	+	nonresident construction license is required for each contract to do construction business 9
	582	+	in this State if the gross amount of the contract exceeds $1,000. 10
	583	+
	584	+	(3) No nonresident construction license is required if the state where the 11
	585	+	person is incorporated or has its principal office does not require a similar license for a 12
	586	+	Maryland contractor doing construction business in that state.] 13
	587	+
	588	+	(C) (1) A CONSTRUCTION LICENSE MUST BE ISSUED IN TH E COUNTY 14
	589	+	WHERE THE CONSTRUCTI ON BUSINESS HAS ITS PRINCIPAL PLACE OF B USINESS. 15
	590	+
	591	+	(2) A NONRESIDENT CONSTRUC TION LICENSE MUST BE ISSUED IN 16
	592	+	THE COUNTY WHERE THE CONSTRUCTION BUSINES S FIRST DOES CONSTRU CTION 17
	593	+	BUSINESS IN THE STATE. 18
	594	+
	595	+	(D) A CONSTRUCTION LICENSE OR NONRESIDENT CONST RUCTION LICENSE 19
	596	+	UNDER THIS SUBTITLE AUTHORIZES THE LICEN SEE TO DO CONSTRUCTI ON 20
	597	+	BUSINESS IN THE STATE. 21
	598	+
	599	+	17–603. 22
	600	+
	601	+	[(a)] An applicant for a construction license OR NONRESIDENT CONST RUCTION 23
	602	+	LICENSE shall pay to the clerk a license fee of: 24
	603	+
	604	+	(1) $15 for a [construction] license in a county other than Baltimore City, 25
	605	+	Baltimore County, or Cecil County; 26
	606	+
	607	+	(2) $40 for a [construction] license in Baltimore City or Baltimore County; 27
	608	+	or 28
	609	+
	610	+	(3) $30 for a [construction] license in Cecil County. 29
	611	+
	612	+	[(b) (1) Except as provided in paragraph (2) of this subsection, an applicant for 30
	613	+	a nonresident construction license shall pay to the clerk: 31
	614	+	14 SENATE BILL 496
	615	+
	616	+
	617	+	(i) a license fee of: 1
	618	+
	619	+	1. $50 for a nonresident construction license in a county 2
	620	+	other than Baltimore City or Baltimore County; or 3
	621	+
	622	+	2. $60 for a nonresident construction license in Baltimore 4
	623	+	City or Baltimore County; and 5
	624	+
	625	+	(ii) for each contract for which the applicant is required to get an 6
	626	+	additional nonresident construction license, an additional license fee of: 7
	627	+
	628	+	1. $50, if the contract will be performed in a county other 8
	629	+	than Baltimore City or Baltimore County; or 9
	630	+
	631	+	2. $60, if the contract will be performed in Baltimore City or 10
	632	+	Baltimore County. 11
	633	+
	634	+	(2) An applicant for a nonresident construction license who is incorporated 12
	635	+	or has its principal office in another state shall pay to the clerk the total fees imposed in 13
	636	+	that state on a similar nonresident business if the total fees are higher than the total license 14
	637	+	fees under this section.] 15
	638	+
	639	+	Subtitle 8. Garages. 16
	640	+
	641	+	17–801. 17
	642	+
	643	+	(a) In this subtitle the following words have the meanings indicated. 18
	644	+
	645	+	(b) “Garage” means a building or part of a building where motor vehicles are 19
	646	+	stored OR PARKED for a fee. 20
	647	+
	648	+	(c) “Garage license” means a license issued by the clerk to keep a garage. 21
	649	+
	650	+	Subtitle 9. Peddlers. 22
	651	+
	652	+	17–901. 23
	653	+
	654	+	(a) In this subtitle the following words have the meanings indicated. 24
	655	+
	656	+	(B) “CALVERT COUNTY MAGAZINE SELLER LICE NSE” MEANS A LICENSE 25
	657	+	ISSUED BY THE CLERK IN CALVERT COUNTY TO ACT AS A NO NRESIDENT ITINERANT 26
	658	+	MAGAZINE SELLER IN CALVERT COUNTY. 27
	659	+
	660	+	(C) “FOOT PEDDLER ” MEANS A PEDDLER WHO TRAVELS ON FOOT . 28
	661	+	SENATE BILL 496 15
	662	+
	663	+
	664	+	(D) “MOTOR VEHICLE PEDDLER ” MEANS A PEDDLER WHO TRAVELS BY 1
	665	+	MOTOR VEHICLE . 2
	666	+
	667	+	(E) “NONRESIDENT ITINERANT MAGAZINE SELLER ” MEANS A PERSON WHO 3
	668	+	IS NOT A RESIDENT OF CALVERT COUNTY AND WHO SELLS OR OFFERS TO SELL A 4
	669	+	SUBSCRIPTION TO A MA GAZINE OR OTHER PUBL ICATION IN CALVERT COUNTY. 5
	670	+
	671	+	(F) “ONE–HORSE PEDDLER ” MEANS A PEDDLER WHO TRAVELS WITH A 6
	672	+	WAGON OR OTHER VEHIC LE DRAWN BY ONE HORS E OR OTHER BEAST OF BURDEN. 7
	673	+
	674	+	[(b)] (G) (1) “Peddler” [includes a hawker, a huckster, and a mobile vendor] 8
	675	+	MEANS A PERSON WHO : 9
	676	+
	677	+	(I) DOES NOT HAVE A FIXE D PLACE OF BUSINESS LOCATED IN A 10
	678	+	PHYSICAL STRUCTURE ; AND 11
	679	+
	680	+	(II) MOVES FROM HOUSE TO HOUSE OR PLACE TO PL ACE 12
	681	+	CARRYING ARTICLES OF MERCHANDISE TO BE SO LD AND DELIVERED 13
	682	+	CONCURRENTLY . 14
	683	+
	684	+	(2) “PEDDLER” INCLUDES A FOOT PEDD LER, MOTOR VEHICLE 15
	685	+	PEDDLER, ONE–HORSE PEDDLER , AND TWO–HORSE PEDDLER. 16
	686	+
	687	+	[(c)] (H) “Peddler license” means a license issued by the clerk to act as a peddler. 17
	688	+
	689	+	(I) “TWO–HORSE PEDDLER ” MEANS A PEDDLER WHO TRAVELS WITH A 18
	690	+	WAGON OR OTHER VEHIC LE DRAWN BY TWO HORS ES OR OTHER BEASTS O F BURDEN. 19
	691	+
	692	+	[17–904. 20
	693	+
	694	+	(a) In Part II of this subtitle the following words have the meanings indicated. 21
	695	+
	696	+	(b) “Foot peddler” means a peddler who travels on foot. 22
	697	+
	698	+	(c) “Motor vehicle peddler” means a peddler who travels by motor vehicle. 23
	699	+
	700	+	(d) “One horse peddler” means a peddler who travels with a wagon or other 24
	701	+	vehicle drawn by 1 horse or other beast of burden. 25
	702	+
	703	+	(e) “Two horse peddler” means a peddler who travels with a wagon or other 26
	704	+	vehicle drawn by 2 horses or other beasts of burden.] 27
	705	+
	706	+	17–907. 28
	707	+	16 SENATE BILL 496
	708	+
	709	+
	710	+	(a) (1) An applicant for a peddler license shall pay to the clerk the applicable 1
	711	+	license fee. 2
	712	+
	713	+	(2) If the applicant is a foot peddler, the license fee is: 3
	714	+
	715	+	(i) in Baltimore City, $200; 4
	716	+
	717	+	(ii) in St. Mary’s County, the amount set by the County 5
	718	+	Commissioners, by resolution; and 6
	719	+
	720	+	(iii) in any other county, $100. 7
	721	+
	722	+	(3) If the applicant is a [one horse] ONE–HORSE peddler, the license fee is: 8
	723	+
	724	+	(i) in Baltimore City, $250; 9
	725	+
	726	+	(ii) in St. Mary’s County, the amount set by the County 10
	727	+	Commissioners, by resolution; and 11
	728	+
	729	+	(iii) in any other county, $150. 12
	730	+
	731	+	(4) If the applicant is a [two horse] TWO–HORSE peddler, the license fee 13
	732	+	is: 14
	733	+
	734	+	(i) in Baltimore City, $300; 15
	735	+
	736	+	(ii) in St. Mary’s County, the amount set by the County 16
	737	+	Commissioners, by resolution; and 17
	738	+
	739	+	(iii) in any other county, $200. 18
	740	+
	741	+	(5) If the applicant is a motor vehicle peddler, the license fee is: 19
	742	+
	743	+	(i) in Baltimore City, $500; 20
	744	+
	745	+	(ii) in St. Mary’s County, the amount set by the County 21
	746	+	Commissioners, by resolution; and 22
	747	+
	748	+	(iii) in any other county, $300; but 23
	749	+
	750	+	1. in Garrett County, the license fee is $100 for a resident of 24
	751	+	Garrett County; and 25
	752	+
	753	+	2. in Worcester County, the license fee is $100 for a resident 26
	754	+	of Worcester County who sells only ice cream. 27
	755	+	SENATE BILL 496 17
	756	+
	757	+
	758	+	(b) (1) In Harford County, an applicant for a peddler license must have the 1
	759	+	written permission of the owner or lessee of the property where the applicant will do 2
	760	+	business. 3
	761	+
	762	+	(2) The written permission shall include: 4
	763	+
	764	+	(i) the name, address, and telephone number of the owner or lessee 5
	765	+	of the property; 6
	766	+
	767	+	(ii) the name, permanent address, and telephone number of the 7
	768	+	applicant; 8
	769	+
	770	+	(iii) a description of the goods to be sold by the applicant; and 9
	771	+
	772	+	(iv) the times of day and the number of days per month that the 10
	773	+	applicant is allowed to do business on the property of the owner or lessee. 11
	774	+
	775	+	17–908. 12
	776	+
	777	+	(A) (1) The clerk shall provide a metal tag [or stamp] AND LICENSE STICKER 13
	778	+	to each [one horse] peddler[, two horse peddler, or motor vehicle peddler] who holds a 14
	779	+	peddler license. 15
	780	+
	781	+	(2) THE CLERK SHALL PROVI DE A LICENSE STICKER TO EACH 16
	782	+	PEDDLER WHO RENEWS A PEDDLER LICENSE . 17
	783	+
	784	+	(B) (1) A PEDDLER SHALL POSSES S THE METAL TAG AND LICENSE 18
	785	+	STICKER AT ALL TIMES THAT THE INDIVIDUAL IS ACTING AS A PEDDL ER. 19
	786	+
	787	+	(2) A ONE–HORSE PEDDLER , TWO–HORSE PEDD LER, AND MOTOR 20
	788	+	VEHICLE PEDDLER SHAL L KEEP THE METAL TAG AND LICENSE STICKER ATTACHED 21
	789	+	TO THE VEHICLE . 22
	790	+
	791	+	[17–910. 23
	792	+
	793	+	(a) Each one horse peddler, two horse peddler, and motor vehicle peddler shall 24
	794	+	keep the metal tag or stamp issued under this subtitle attached to the vehicle so as to be 25
	795	+	clearly visible. 26
	796	+
	797	+	(b) A peddler in Harford County shall: 27
	798	+
	799	+	(1) keep with the peddler at all times the peddler license and a copy of the 28
	800	+	original written permission of the property owner required under this subtitle; and 29
	801	+
	802	+	(2) produce the peddler license and copy of the written permission on 30
	803	+	request.] 31 18 SENATE BILL 496
	804	+
	805	+
	806	+
	807	+	[17–911.] 17–910. 1
	808	+
	809	+	(a) Except as otherwise provided in [Part II of] this subtitle, a person may not act 2
	810	+	as a peddler unless the person has a peddler license. 3
	811	+
	812	+	[(b) A peddler is considered to be acting as a peddler without a peddler license if 4
	813	+	the peddler: 5
	814	+
	815	+	(1) acts or offers to act as a peddler without the peddler license with the 6
	816	+	peddler at the time; or 7
	817	+
	818	+	(2) fails to show the peddler license to a law enforcement officer on request. 8
	819	+
	820	+	(c) A person who violates this section is guilty of a misdemeanor and, on 9
	821	+	conviction, is subject to a fine not exceeding $100.] 10
	822	+
	823	+	(B) EXCEPT AS OTHERWISE P ROVIDED IN THIS SUBT ITLE, A PERSON WHO 11
	824	+	VIOLATES ANY PROVISI ON OF THIS SUBTITLE IS GUILTY OF A MISDEMEANOR AND , 12
	825	+	ON CONVICTION , IS SUBJECT TO A FINE NOT EXCEEDING $100. 13
	826	+
	827	+	[17–912.] 17–911. 14
	828	+
	829	+	(a) This section does not apply in Allegany and Washington counties. 15
	830	+
	831	+	(b) A municipal corporation may not require a local license or impose a local fee 16
	832	+	or tax to sell fresh fruits, vegetables, or other country produce from a wagon at retail if the 17
	833	+	seller is the producer. 18
	834	+
	835	+	(c) However, a municipal corporation by ordinance may: 19
	836	+
	837	+	(1) provide for the issuance of identification cards or tags to producers of 20
	838	+	country produce who sell the produce from a wagon at retail; 21
	839	+
	840	+	(2) set a fee, not exceeding 50 cents for each producer, for the issuance of 22
	841	+	identification cards or tags; and 23
	842	+
	843	+	(3) require producers to get and display identification cards or tags. 24
	844	+
	845	+	(d) (1) A person who is not the producer may not sell or offer to sell any fresh 25
	846	+	fruits, vegetables, or other country produce from a wagon at retail in a municipal 26
	847	+	corporation that requires a local license or imposes a local fee or tax to do so without getting 27
	848	+	the license or paying the fee or tax. 28
	849	+
	850	+	(2) A person who violates this subsection is guilty of a misdemeanor and, 29
	851	+	on conviction, is subject to a fine not exceeding $25. 30 SENATE BILL 496 19
	852	+
	853	+
	854	+
	855	+	[17–913. 1
	856	+
	857	+	If the County Commissioners of St. Mary’s County set a license fee for a license 2
	858	+	issued under § 17–907 of this subtitle, the County Commissioners shall notify the 3
	859	+	Comptroller of the Treasury by December 31 of the year before the year the license fee takes 4
	860	+	effect.] 5
	861	+
	862	+	[17–915. 6
	863	+
	864	+	(a) In Part III of this subtitle the following words have the meanings indicated. 7
	865	+
	866	+	(b) “Magazine seller license” means a license issued by the clerk to act as a 8
	867	+	nonresident itinerant magazine seller. 9
	868	+
	869	+	(c) “Nonresident itinerant magazine seller” means a person who: 10
	870	+
	871	+	(1) is not a resident of Calvert County; and 11
	872	+
	873	+	(2) sells or offers to sell a subscription to a magazine or other publication.] 12
	874	+
	875	+	Subtitle 10. Junk Dealers and Scrap Metal Processors. 13
	876	+
	877	+	[Part I. Definitions.] 14
	878	+
	879	+	17–1001. 15
	880	+
	881	+	(a) In this subtitle the following words have the meanings indicated. 16
	882	+
	883	+	(b) “Agent” means a person who buys or sells junk or scrap metal for a junk dealer 17
	884	+	or scrap metal processor. 18
	885	+
	886	+	(C) “AGENT LICENSE” MEANS A LICENSE ISSU ED BY THE CLERK TO A CT AS 19
	887	+	AN AGENT. 20
	888	+
	889	+	[(c)] (D) “Antique dealer” means a person who does business buying and selling 21
	890	+	antiques. 22
	891	+
	892	+	[(d)] (E) “Antiques” means objects made in, or typical of, an earlier period of 23
	893	+	time, that either have special value because of their age or are examples of works of art or 24
	894	+	handicrafts. 25
	895	+
	896	+	[(e)] (F) (1) “Junk” or “scrap metal” includes: 26
	897	+
	898	+	(i) nonferrous articles made wholly or substantially of: 27
	899	+	20 SENATE BILL 496
	900	+
	901	+
	902	+	1. aluminum; 1
	903	+
	904	+	2. babbitt metal; 2
	905	+
	906	+	3. brass; 3
	907	+
	908	+	4. bronze; 4
	909	+
	910	+	5. light copper; 5
	911	+
	912	+	6. heavy copper; 6
	913	+
	914	+	7. lead; 7
	915	+
	916	+	8. low carbon chrome; 8
	917	+
	918	+	9. low carbon manganese; 9
	919	+
	920	+	10. molybdenum; 10
	921	+
	922	+	11. monel metal; 11
	923	+
	924	+	12. pewter; 12
	925	+
	926	+	13. nickel; 13
	927	+
	928	+	14. stainless steel; 14
	929	+
	930	+	15. tin; 15
	931	+
	932	+	16. vanadium; 16
	933	+
	934	+	17. zinc; 17
	935	+
	936	+	18. platinum; 18
	937	+
	938	+	19. gold; 19
	939	+
	940	+	20. rhodium; or 20
	941	+
	942	+	21. other nonferrous metals; and 21
	943	+
	944	+	(ii) the following used articles, made of either ferrous or nonferrous 22
	945	+	metal: 23
	946	+
	947	+	1. catalytic converters; 24
	948	+	SENATE BILL 496 21
	949	+
	950	+
	951	+	2. metal bleachers; 1
	952	+
	953	+	3. hard–drawn copper; 2
	954	+
	955	+	4. metal beer kegs; 3
	956	+
	957	+	5. cemetery urns; 4
	958	+
	959	+	6. grave markers; 5
	960	+
	961	+	7. propane tanks; 6
	962	+
	963	+	8. cell tower batteries; and 7
	964	+
	965	+	9. any other used articles owned by a public utility including: 8
	966	+
	967	+	A. guardrails; 9
	968	+
	969	+	B. manhole covers; 10
	970	+
	971	+	C. metal light poles; 11
	972	+
	973	+	D. tree grates; 12
	974	+
	975	+	E. water meters; and 13
	976	+
	977	+	F. street signs. 14
	978	+
	979	+	(2) “Junk” or “scrap metal” does not include beverage cans or food cans. 15
	980	+
	981	+	[(f)] (G) (1) “Junk dealer” or “scrap metal processor” means a person who 16
	982	+	does business buying or selling junk or scrap metal. 17
	983	+
	984	+	(2) “Junk dealer” or “scrap metal processor” does not include a dealer or 18
	985	+	pawnbroker licensed under Title 12 of this article. 19
	986	+
	987	+	(H) “JUNK DEALER OR SCRAP METAL PROCESSOR LICE NSE” MEANS A 20
	988	+	LICENSE ISSUED BY TH E CLERK TO DO BUSINE SS AS A JUNK DEALER OR SCRAP 21
	989	+	METAL PROCESSOR . 22
	990	+
	991	+	(I) “NONRESIDENT JUNK DEAL ER” MEANS A JUNK DEA LER WHO IS NOT A 23
	992	+	RESIDENT OF THE STATE. 24
	993	+
	994	+	(J) “NONRESIDENT SCRAP MET AL PROCESSOR ” MEANS A SCRAP METAL 25
	995	+	PROCESSOR WHO IS NOT A RESIDENT OF THE STATE. 26
	996	+	22 SENATE BILL 496
	997	+
	998	+
	999	+	[(g)] (K) “Primary law enforcement unit” means the Department of State Police, 1
	1000	+	a police department, or sheriff, as designated by a resolution of the county or municipal 2
	1001	+	governing body in the county in which the license of the junk dealer or scrap metal processor 3
	1002	+	is held. 4
	1003	+
	1004	+	(L) “STATE JUNK LICENSE ” INCLUDES: 5
	1005	+
	1006	+	(1) A JUNK DEALER OR SCR AP METAL PROCESSOR L ICENSE; OR 6
	1007	+
	1008	+	(2) AN AGENT LICENSE . 7
	1009	+
	1010	+	[Part II. State Licensing.] 8
	1011	+
	1012	+	[17–1005. 9
	1013	+
	1014	+	(a) In Part II of this subtitle the following words have the meanings indicated. 10
	1015	+
	1016	+	(b) “Agent license” means a license issued by the clerk to act as an agent. 11
	1017	+
	1018	+	(c) “Junk dealer or scrap metal processor license” means a license issued by the 12
	1019	+	clerk to do business as a junk dealer or scrap metal processor. 13
	1020	+
	1021	+	(d) “Nonresident junk dealer” or “nonresident scrap metal processor” means a 14
	1022	+	junk dealer or scrap metal processor who is not a resident of the State. 15
	1023	+
	1024	+	(e) “State junk license” includes: 16
	1025	+
	1026	+	(1) a junk dealer or scrap metal processor license; and 17
	1027	+
	1028	+	(2) an agent license.] 18
	1029	+
	1030	+	[17–1006.] 17–1005. 19
	1031	+
	1032	+	(a) (1) Except as otherwise provided in this subtitle, a person must have a junk 20
	1033	+	dealer or scrap metal processor license whenever the person does business as a junk dealer 21
	1034	+	or scrap metal processor in the State. 22
	1035	+
	1036	+	(2) This subsection does not apply to a situation in which: 23
	1037	+
	1038	+	(i) a nonresident junk dealer or nonresident scrap metal processor 24
	1039	+	buys junk or scrap metal from a junk dealer or scrap metal processor licensee who is a 25
	1040	+	resident of the State; or 26
	1041	+
	1042	+	(ii) the nonresident junk dealer or nonresident scrap metal processor 27
	1043	+	transports that junk or scrap metal. 28
	1044	+	SENATE BILL 496 23
	1045	+
	1046	+
	1047	+	(3) If a nonresident junk dealer or nonresident scrap metal processor comes 1
	1048	+	into the State in a vehicle, the nonresident junk dealer or nonresident scrap metal processor 2
	1049	+	may not transport from the State in that vehicle any junk or scrap metal bought in the 3
	1050	+	State unless the nonresident junk dealer or nonresident scrap metal processor holds a junk 4
	1051	+	dealer or scrap metal processor license. 5
	1052	+
	1053	+	(b) (1) Except as otherwise provided in this subtitle, a person must have an 6
	1054	+	agent license whenever the person acts as an agent in the State. 7
	1055	+
	1056	+	(2) This subsection does not apply to a salaried employee of a junk dealer 8
	1057	+	or scrap metal processor licensee. 9
	1058	+
	1059	+	[17–1007.] 17–1006. 10
	1060	+
	1061	+	(A) An applicant for a State junk license shall: 11
	1062	+
	1063	+	(1) certify to the clerk the applicant’s name and business address; and 12
	1064	+
	1065	+	(2) pay to the clerk a license fee of: 13
	1066	+
	1067	+	(i) $10 for a junk dealer or scrap metal processor license[, if the 14
	1068	+	applicant is a resident of the State]; OR 15
	1069	+
	1070	+	(ii) $5 for an agent license[, if the applicant is a resident of the State; 16
	1071	+	or 17
	1072	+
	1073	+	(iii) $100 for a junk dealer or scrap metal processor license or agent 18
	1074	+	license, if the applicant is not a resident of the State]. 19
	1075	+
	1076	+	(B) ALL LICENSE FEES COLL ECTED FOR ISSUANCE O F STATE JUNK 20
	1077	+	LICENSES UNDER THIS SECTION SHALL BE PAI D TO THE COMPTROLLER . 21
	1078	+
	1079	+	[17–1008.] 17–1007. 22
	1080	+
	1081	+	(a) The clerk shall[: 23
	1082	+
	1083	+	(1)] issue[, in numerical order,] a State junk license to each applicant who 24
	1084	+	meets the requirements of [Part II of] this subtitle[; and 25
	1085	+
	1086	+	(2) collect an issuing fee of 50 cents per State junk license]. 26
	1087	+
	1088	+	(b) [The clerk shall keep a record of the name, business address, and license 27
	1089	+	number of each State junk licensee] A STATE JUNK LICENSE IS NOT TRANSFERABLE . 28
	1090	+
	1091	+	[17–1009. 29 24 SENATE BILL 496
	1092	+
	1093	+
	1094	+
	1095	+	A State junk license is not transferable.] 1
	1096	+
	1097	+	[17–1010.] 17–1008. 2
	1098	+
	1099	+	[A] IF A nonresident junk dealer or nonresident scrap metal processor [may not 3
	1100	+	keep] ESTABLISHES a fixed place of business AS A JUNK DEALER OR SCRAP METAL 4
	1101	+	PROCESSOR in the State, THE NONRESIDENT JUNK DEALER OR SCRAP META L 5
	1102	+	PROCESSOR SHALL : 6
	1103	+
	1104	+	(1) OBTAIN A JUNK DEALER OR SCRAP METAL PROCE SSOR LICENS E; 7
	1105	+	AND 8
	1106	+
	1107	+	(2) COMPLY WITH ALL LAWS AND REGULATIONS RELA TED TO THE 9
	1108	+	JUNK DEALER OR SCRAP METAL PROCESSOR LICE NSE. 10
	1109	+
	1110	+	[17–1011.] 17–1009. 11
	1111	+
	1112	+	(a) (1) This section applies to all junk dealers and scrap metal processors doing 12
	1113	+	business in the State, including nonresident junk dealers and nonresident scrap metal 13
	1114	+	processors. 14
	1115	+
	1116	+	(2) This section applies to an automotive dismantler and recycler or scrap 15
	1117	+	metal processor licensed under Title 15, Subtitle 5 of the Transportation Article if the 16
	1118	+	automotive dismantler and recycler or scrap metal processor: 17
	1119	+
	1120	+	(i) conducts business as a licensed junk dealer or scrap metal 18
	1121	+	processor; 19
	1122	+
	1123	+	(ii) acquires vehicle parts that qualify as junk or scrap metal as 20
	1124	+	defined under [§ 17–1001(e)] § 17–1001(F) of this subtitle; or 21
	1125	+
	1126	+	(iii) acquires articles that are listed, or made of metals that are listed, 22
	1127	+	in [§ 17–1001(e)] § 17–1001(F) of this subtitle. 23
	1128	+
	1129	+	(3) This section does not apply to: 24
	1130	+
	1131	+	(i) an automotive dismantler and recycler or scrap metal processor 25
	1132	+	that only acquires whole vehicles for the purpose of dismantling, destroying, or scrapping 26
	1133	+	them for the benefit of their parts or the materials in them; or 27
	1134	+
	1135	+	(ii) a person that buys scrap metal to use as raw material to produce 28
	1136	+	1,000,000 tons of steel or more in the State per calendar year. 29
	1137	+	SENATE BILL 496 25
	1138	+
	1139	+
	1140	+	(4) (i) Except as provided in subparagraph (ii) of this paragraph, this 1
	1141	+	section preempts the right of a county or municipality to regulate the resale of junk or scrap 2
	1142	+	metal. 3
	1143	+
	1144	+	(ii) This section does not limit the power of a county or municipality 4
	1145	+	to license junk dealers and scrap metal processors. 5
	1146	+
	1147	+	(iii) This section supersedes any existing law of a county or 6
	1148	+	municipality that regulates the resale of junk or scrap metal. 7
	1149	+
	1150	+	(b) (1) For each purchase of junk or scrap metal in the State, a junk dealer or 8
	1151	+	scrap metal processor shall keep an accurate record in English. 9
	1152	+
	1153	+	(2) The record shall state: 10
	1154	+
	1155	+	(i) the date and time of purchase; 11
	1156	+
	1157	+	(ii) a description of the junk or scrap metal purchased, including: 12
	1158	+
	1159	+	1. the type and grade of the junk or scrap metal; and 13
	1160	+
	1161	+	2. if payment is based on weight, the weight of each type and 14
	1162	+	grade of junk or scrap metal; 15
	1163	+
	1164	+	(iii) the amount paid or other consideration for the junk or scrap 16
	1165	+	metal; 17
	1166	+
	1167	+	(iv) the registration plate number, make, and model of any vehicle 18
	1168	+	used; 19
	1169	+
	1170	+	(v) the name and address of the individual from whom the junk or 20
	1171	+	scrap metal is acquired; 21
	1172	+
	1173	+	(vi) the signature of: 22
	1174	+
	1175	+	1. the individual from whom the junk or scrap metal is 23
	1176	+	acquired; and 24
	1177	+
	1178	+	2. the junk dealer, scrap metal processor, or employee who 25
	1179	+	accepted the junk or scrap metal; and 26
	1180	+
	1181	+	(vii) for each individual from whom the junk dealer or scrap metal 27
	1182	+	processor acquires junk or scrap metal: 28
	1183	+
	1184	+	1. the date of birth and driver’s license number of the 29
	1185	+	individual; or 30
	1186	+	26 SENATE BILL 496
	1187	+
	1188	+
	1189	+	2. identification information about the individual from a 1
	1190	+	valid State–issued photo ID that provides a physical description of the individual, including 2
	1191	+	the sex, race, any distinguishing features, and approximate age, height, and weight of the 3
	1192	+	individual. 4
	1193	+
	1194	+	(3) The records required under this subsection shall be kept in electronic 5
	1195	+	form. 6
	1196	+
	1197	+	(4) (i) Subject to subparagraph (iv) of this paragraph, the junk dealer 7
	1198	+	or scrap metal processor shall submit a copy of each record required under this paragraph 8
	1199	+	to the primary law enforcement unit in accordance with subparagraphs (ii) and (iii) of this 9
	1200	+	paragraph. 10
	1201	+
	1202	+	(ii) A junk dealer or scrap metal processor shall submit a record by 11
	1203	+	transmitting a copy of the records electronically, in a format acceptable to the receiving 12
	1204	+	primary law enforcement unit, by the end of the first business day following the date of the 13
	1205	+	transaction. 14
	1206	+
	1207	+	(iii) Each copy of a record submitted to the primary law enforcement 15
	1208	+	unit shall include: 16
	1209	+
	1210	+	1. the date and time of purchase; 17
	1211	+
	1212	+	2. a description of the junk or scrap metal, including its 18
	1213	+	weight if payment is based on weight; 19
	1214	+
	1215	+	3. whether the amount paid or other consideration for the 20
	1216	+	junk or scrap metal exceeds $500; 21
	1217	+
	1218	+	4. the registration plate number of any vehicle used by the 22
	1219	+	individual from whom the junk or scrap metal is acquired; 23
	1220	+
	1221	+	5. the name and address of the individual from whom the 24
	1222	+	junk or scrap metal is acquired; 25
	1223	+
	1224	+	6. the date of birth and driver’s license number of the 26
	1225	+	individual from whom the junk or scrap metal is acquired; 27
	1226	+
	1227	+	7. identification information about the individual from a 28
	1228	+	valid State–issued photo ID that provides a physical description of the individual, including 29
	1229	+	the sex, race, age, height, and weight of the individual; and 30
	1230	+
	1231	+	8. an electronic scan or photocopy of the valid State–issued 31
	1232	+	photo ID under item 7 of this subparagraph. 32
	1233	+	SENATE BILL 496 27
	1234	+
	1235	+
	1236	+	(iv) The provisions of subparagraphs (i), (ii), and (iii) of this 1
	1237	+	paragraph may not be construed to require a junk dealer or scrap metal processor to incur 2
	1238	+	a substantial financial burden to comply with the requirements of this paragraph. 3
	1239	+
	1240	+	(5) A copy of a record submitted under paragraph (4) of this subsection: 4
	1241	+
	1242	+	(i) shall be kept confidential; 5
	1243	+
	1244	+	(ii) is not a public record; and 6
	1245	+
	1246	+	(iii) is not subject to Title 4 of the General Provisions Article. 7
	1247	+
	1248	+	(6) The primary law enforcement unit may destroy the copy of a record 8
	1249	+	submitted under paragraph (4) of this subsection after 1 year from the date that the 9
	1250	+	primary law enforcement unit receives the copy. 10
	1251	+
	1252	+	(7) (i) The primary law enforcement unit may waive the holding of 11
	1253	+	electronic records under paragraph (3) of this subsection or the submission of electronic 12
	1254	+	records under paragraph (4) of this subsection by a junk dealer or scrap metal processor. 13
	1255	+
	1256	+	(ii) Any waivers granted under subparagraph (i) of this paragraph 14
	1257	+	shall be limited to authorizing a junk dealer or scrap metal processor to: 15
	1258	+
	1259	+	1. extend the reporting deadline under paragraph (4) of this 16
	1260	+	subsection for an extra day; 17
	1261	+
	1262	+	2. hold written records; or 18
	1263	+
	1264	+	3. submit records by facsimile or by mail. 19
	1265	+
	1266	+	(c) (1) This subsection applies to junk dealers and scrap metal processors who 20
	1267	+	are residents of the State. 21
	1268	+
	1269	+	(2) Each junk dealer or scrap metal processor shall keep the records 22
	1270	+	required by subsection (b) of this section for 1 year after the date of the transaction. 23
	1271	+
	1272	+	(3) The records kept in accordance with this subsection shall be open to 24
	1273	+	inspection during business hours by State or local law enforcement personnel for an 25
	1274	+	investigation of a specific crime involving the materials listed under [§ 17–1001(e)] § 26
	1275	+	17–1001(F) of this subtitle. 27
	1276	+
	1277	+	(d) (1) A junk dealer or scrap metal processor may not barter, buy, exchange, 28
	1278	+	or accept from a person any junk or scrap metal unless the junk dealer or scrap metal 29
	1279	+	processor keeps records and makes entries in them in accordance with [Part II] of this 30
	1280	+	subtitle. 31
	1281	+	28 SENATE BILL 496
	1282	+
	1283	+
	1284	+	(2) A junk dealer or scrap metal processor may not purchase a catalytic 1
	1285	+	converter from an individual unless the individual, at the time of purchase, provides 2
	1286	+	identification as: 3
	1287	+
	1288	+	(i) a licensed automotive dismantler and recycler or scrap metal 4
	1289	+	processor; or 5
	1290	+
	1291	+	(ii) an agent or employee of a licensed commercial enterprise. 6
	1292	+
	1293	+	(3) A junk dealer or scrap metal processor may not purchase a cemetery 7
	1294	+	urn, grave marker, or any other item listed under [§ 17–1001(e)(1)(ii)] § 17–1001(F)(1)(II) 8
	1295	+	of this subtitle from an individual unless the individual, at the time of purchase, provides 9
	1296	+	appropriate authorization from a relevant business or unit of federal, State, or local 10
	1297	+	government specifically authorizing the individual to conduct the transaction. 11
	1298	+
	1299	+	(e) State or local law enforcement personnel may request information from the 12
	1300	+	records required under subsection (b) of this section pursuant to an investigation of a 13
	1301	+	specific crime involving the materials listed under [§ 17–1001(e)] § 17–1001(F) of this 14
	1302	+	subtitle. 15
	1303	+
	1304	+	(f) (1) The record and reporting requirements of subsection (b) of this section 16
	1305	+	do not apply to an item that is acquired from: 17
	1306	+
	1307	+	(i) a licensed junk dealer or scrap metal processor; 18
	1308	+
	1309	+	(ii) a unit of federal, State, or local government; or 19
	1310	+
	1311	+	(iii) a commercial enterprise with a valid business license that has 20
	1312	+	entered into a written contract with a junk dealer or scrap metal processor who has 21
	1313	+	provided to the primary law enforcement unit: 22
	1314	+
	1315	+	1. the name and business address of the commercial 23
	1316	+	enterprise; and 24
	1317	+
	1318	+	2. the type of junk or scrap metal subject to the contract. 25
	1319	+
	1320	+	(2) (i) Subject to subparagraph (ii) of this paragraph, a contract under 26
	1321	+	paragraph (1)(iii) of this subsection shall be open to inspection by a local law enforcement 27
	1322	+	agency on the premises of the junk dealer or scrap metal processor during business hours. 28
	1323	+
	1324	+	(ii) Notwithstanding any other law, a contract open to inspection by 29
	1325	+	a local law enforcement agency under subparagraph (i) of this paragraph may not be open 30
	1326	+	for public inspection without the consent of the junk dealer or scrap metal processor. 31
	1327	+
	1328	+	(g) (1) If a State or local law enforcement agency has reasonable cause to 32
	1329	+	believe that junk or scrap metal that is in the possession of a junk dealer or scrap metal 33
	1330	+	processor is stolen, the law enforcement agency may issue a written hold notice. 34 SENATE BILL 496 29
	1331	+
	1332	+
	1333	+
	1334	+	(2) The written hold notice shall: 1
	1335	+
	1336	+	(i) identify the items of junk or scrap metal alleged to be stolen and 2
	1337	+	subject to hold; 3
	1338	+
	1339	+	(ii) inform the junk dealer or scrap metal processor of the hold 4
	1340	+	imposed on the items of junk or scrap metal; and 5
	1341	+
	1342	+	(iii) specify the time period for the hold, not to exceed 15 days. 6
	1343	+
	1344	+	(3) On receipt of a written hold notice from a law enforcement agency, a 7
	1345	+	junk dealer or scrap metal processor may not process or remove from the junk dealer’s or 8
	1346	+	scrap metal processor’s place of business before the end of the hold period any items of junk 9
	1347	+	or scrap metal identified in the hold notice, unless the item is released by the law 10
	1348	+	enforcement agency or by court order. 11
	1349	+
	1350	+	(h) Local law enforcement personnel of the county where the place of business of 12
	1351	+	the junk dealer or scrap metal processor is located or where the junk or scrap metal was 13
	1352	+	purchased may enforce this section. 14
	1353	+
	1354	+	(i) A person who violates this section is guilty of a misdemeanor and on conviction 15
	1355	+	is subject to: 16
	1356	+
	1357	+	(1) a fine not exceeding $500 for a first offense; and 17
	1358	+
	1359	+	(2) a fine not exceeding $5,000 or imprisonment not exceeding 1 year or 18
	1360	+	both for a subsequent offense. 19
	1361	+
	1362	+	[17–1012.] 17–1010. 20
	1363	+
	1364	+	(a) In this section, “historic marker or plaque” means a marker, plaque, or tablet 21
	1365	+	commemorating a historic person or event, or identifying a historic place, structure, or 22
	1366	+	object. 23
	1367	+
	1368	+	(b) This section applies to all junk dealers, scrap metal processors, and antique 24
	1369	+	dealers who are residents of the State. 25
	1370	+
	1371	+	(c) (1) Each junk dealer, scrap metal processor, or antique dealer subject to 26
	1372	+	this section who purchases a historic marker or plaque shall register with the sheriff or 27
	1373	+	other law enforcement official designated by the governing body of the county in which the 28
	1374	+	business of the junk dealer, scrap metal processor, or antique dealer is located a complete 29
	1375	+	description of the historic marker or plaque. 30
	1376	+
	1377	+	(2) The description shall include: 31
	1378	+
	1379	+	(i) the date and time of purchase; 32 30 SENATE BILL 496
	1380	+
	1381	+
	1382	+
	1383	+	(ii) the name and address of the seller; 1
	1384	+
	1385	+	(iii) the license tag number of any vehicle used; and 2
	1386	+
	1387	+	(iv) a description of the historic marker or plaque, including the full 3
	1388	+	text, any installation date, and the name of any installation sponsor. 4
	1389	+
	1390	+	(3) The registration required under this section shall be made within 3 5
	1391	+	business days after the date of the purchase of the historic marker or plaque. 6
	1392	+
	1393	+	(d) The sheriff or other law enforcement official promptly shall notify the 7
	1394	+	Maryland Historical Trust with a copy to the junk dealer, scrap metal processor, or antique 8
	1395	+	dealer who registered with the sheriff. 9
	1396	+
	1397	+	(e) A historic marker or plaque may not be sold or otherwise disposed of for a 10
	1398	+	period of 30 days from the date of the notice required under subsection (d) of this section. 11
	1399	+
	1400	+	(f) A person who violates this section is guilty of a misdemeanor and, on 12
	1401	+	conviction, is subject to a fine not exceeding $100. 13
	1402	+
	1403	+	[17–1013.] 17–1011. 14
	1404	+
	1405	+	Except as otherwise [specifically] provided in [Part II of] this subtitle, a person who 15
	1406	+	violates [Part II of] this subtitle is guilty of a misdemeanor and, on conviction, is subject to 16
	1407	+	a fine not exceeding $500 for each offense. 17
	1408	+
	1409	+	Subtitle 11. Laundries and Dry Cleaners. 18
	1410	+
	1411	+	17–1101. 19
	1412	+
	1413	+	In this subtitle, “license” means a license issued by the clerk to do the business of 20
	1414	+	cleaning, dyeing, pressing, or laundering ON–SITE AT THE LOCATION STATED ON THE 21
	1415	+	LICENSE. 22
	1416	+
	1417	+	17–1102. 23
	1418	+
	1419	+	A person must have a license whenever the person does the business of ON–SITE 24
	1420	+	cleaning, dyeing, pressing, or laundering, other than hand laundering, in the State. 25
	1421	+
	1422	+	Subtitle 12. Storage Warehouses. 26
	1423	+
	1424	+	17–1201. 27
	1425	+
	1426	+	(A) In this subtitle[, “license” means a license issued by the clerk to keep a storage 28
	1427	+	warehouse] THE FOLLOWING WORDS HAVE THE MEANINGS IN DICATED. 29 SENATE BILL 496 31
	1428	+
	1429	+
	1430	+
	1431	+	(B) “STORAGE WAREHOUSE ” MEANS A BUILDING OR STRUCTURE USED FOR 1
	1432	+	KEEPING GOODS FOR A FEE, INCLUDING SELF –STORAGE WAREHOUSES . 2
	1433	+
	1434	+	(C) “STORAGE WAREHOUSE LIC ENSE” MEANS A LICENSE ISSU ED BY THE 3
	1435	+	CLERK TO KEEP A STOR AGE WAREHOUSE . 4
	1436	+
	1437	+	17–1202. 5
	1438	+
	1439	+	A person must have a STORAGE WAREHOUSE license whenever the person keeps a 6
	1440	+	storage warehouse where goods are stored for a fee in the State. 7
	1441	+
	1442	+	17–1203. 8
	1443	+
	1444	+	(A) An applicant for a STORAGE WAREHOUSE license shall pay to the clerk a 9
	1445	+	license fee of: 10
	1446	+
	1447	+	(1) $30 for a storage warehouse in a municipal corporation with a 11
	1448	+	population of not more than 10,000; 12
	1449	+
	1450	+	(2) $50 for a storage warehouse in a municipal corporation OR COUNTY 13
	1451	+	with a population of 10,001 to 20,000; 14
	1452	+
	1453	+	(3) $75 for a storage warehouse in a municipal corporation OR COUNTY 15
	1454	+	with a population of 20,001 to 50,000; or 16
	1455	+
	1456	+	(4) $150 for a storage warehouse in a municipal corporation OR COUNTY 17
	1457	+	with a population of more than 50,000. 18
	1458	+
	1459	+	(B) ALL LICENSE FEES COLL ECTED UNDER THIS SEC TION SHALL BE PAID 19
	1460	+	TO THE COMPTROLLER . 20
	1461	+
	1462	+	17–1204. 21
	1463	+
	1464	+	(a) Before a moving and storage firm or warehouse that stores household goods 22
	1465	+	provides any service, the moving and storage firm or warehouse shall give WRITTEN notice 23
	1466	+	to the buyer of the service that the buyer should get insurance to protect the buyer from 24
	1467	+	loss of goods. 25
	1468	+
	1469	+	(b) [The notice shall be: 26
	1470	+
	1471	+	(1) in writing; 27
	1472	+
	1473	+	(2) printed in 12–point or larger type; and 28
	1474	+
	1475	+	(3) included in the application for service or in a separate statement. 29 32 SENATE BILL 496
	1476	+
	1477	+
	1478	+
	1479	+	(c)] A person who violates this section is guilty of a misdemeanor and, on 1
	1480	+	conviction, is subject to a fine not exceeding $5,000 or imprisonment not exceeding 30 days 2
	1481	+	or both. 3
	1482	+
	1483	+	Subtitle 16. Restaurants. 4
	1484	+
	1485	+	17–1601. 5
	1486	+
	1487	+	(A) In this subtitle[, “restaurant license” means a license issued by the clerk to 6
	1488	+	operate a restaurant or other eating place] THE FOLLOWING WORDS HAVE THE 7
	1489	+	MEANINGS INDICATED . 8
	1490	+
	1491	+	(B) “RESTAURANT” MEANS AN ESTABLISHME NT THAT: 9
	1492	+
	1493	+	(1) ACCOMMODATES THE PUB LIC; 10
	1494	+
	1495	+	(2) PROVIDES SEATING ; AND 11
	1496	+
	1497	+	(3) IS EQUIPPED WITH FAC ILITIES FOR PREPARIN G AND SERVING 12
	1498	+	FOOD. 13
	1499	+
	1500	+	(C) “RESTAURANT LICENSE” MEANS A LICENSE ISSU ED BY THE CLERK TO 14
	1501	+	OPERATE A RESTAURANT OR OTHER EATING PLAC E. 15
	1502	+
	1503	+	17–1603. 16
	1504	+
	1505	+	A person must have a restaurant license AND A TRADER ’S LICENSE ISSUED 17
	1506	+	UNDER SUBTITLE 18 OF THIS TITLE whenever the person operates a restaurant or other 18
	1507	+	eating place in the State. 19
	1508	+
	1509	+	SUBTITLE 17A. CHAIN STORES. 20
	1510	+
	1511	+	17–17A–01. 21
	1512	+
	1513	+	(A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 22
	1514	+	INDICATED. 23
	1515	+
	1516	+	(B) “CHAIN STORE LICENSE ” MEANS A LICENSE ISSU ED BY THE CLER K TO 24
	1517	+	OPERATE TWO OR MORE STORES UNDER THE SAM E GENERAL MANAGEMENT OR 25
	1518	+	OWNERSHIP. 26
	1519	+
	1520	+	(C) “GENERAL MANAGEMENT OR OWNERSHIP” MEANS A COMMON OR 27
	1521	+	SHARED MANAGEMENT , SUPERVISION, OR OWNERSHIP OF MORE THAN ONE RETAIL 28
	1522	+	STORE, REGARDLESS OF CORPOR ATE FORM, PURPOSE, OR STRUCTURE. 29 SENATE BILL 496 33
	1523	+
	1524	+
	1525	+
	1526	+	17–17A–02. 1
	1527	+
	1528	+	THIS SUBTITLE DOES NO T APPLY TO A RETAIL SERVICE STATION DEAL ER, AS 2
	1529	+	DEFINED IN § 10–101 OF THIS ARTICLE, OF WHICH THE PRINCIP AL BUSINESS IS THE 3
	1530	+	SALE OR DISTRIBUTION OF MOTOR FUEL . 4
	1531	+
	1532	+	17–17A–03. 5
	1533	+
	1534	+	A PERSON MUST HAVE A C HAIN STORE LICE NSE AND A TRADER ’S LICENSE 6
	1535	+	ISSUED UNDER SUBTITLE 18 OF THIS TITLE WHENEV ER THE PERSON OPERAT ES 7
	1536	+	TWO OR MORE RETAIL S TORES UNDER THE SAME GENERAL MANAGEMENT O R 8
	1537	+	OWNERSHIP IN THE STATE. 9
	1538	+
	1539	+	17–17A–04. 10
	1540	+
	1541	+	(A) AN APPLICANT FOR A CH AIN STORE LICENSE SH ALL PAY TO THE CLERK 11
	1542	+	A LICENSE FEE BASED ON THE NUMBER OF LOC ATIONS IN THE STATE. 12
	1543	+
	1544	+	(B) (1) THIS SUBSECTION DOES NOT APPLY IN BALTIMORE CITY, 13
	1545	+	BALTIMORE COUNTY, AND CECIL COUNTY. 14
	1546	+
	1547	+	(2) THE LICENSE FEE IN EA CH COUNTY IS: 15
	1548	+
	1549	+	(I) FOR 2 TO 5 STORES, $5 FOR EACH STORE ; 16
	1550	+
	1551	+	(II) FOR 6 TO 10 STORES, $ 20 FOR EACH STORE ; 17
	1552	+
	1553	+	(III) FOR 11 TO 20 STORES, $100 FOR EACH STORE ; AND 18
	1554	+
	1555	+	(IV) FOR MORE THAN 20 STORES, $150 FOR EACH STORE . 19
	1556	+
	1557	+	(C) IN BALTIMORE CITY AND BALTIMORE COUNTY THE LICENSE FE E IS: 20
	1558	+
	1559	+	(1) FOR 2 TO 5 STORES, $12 FOR EACH STORE; 21
	1560	+
	1561	+	(2) FOR 6 TO 10 STORES, $50 FOR EACH STORE ; 22
	1562	+
	1563	+	(3) FOR 11 TO 20 STORES, $250 FOR EACH STORE ; AND 23
	1564	+
	1565	+	(4) FOR MORE THAN 20 STORES, $150 FOR EACH STORE . 24
	1566	+
	1567	+	(D) IN CECIL COUNTY THE LICENSE FE E IS: 25
	1568	+
	1569	+	(1) FOR 2 TO 5 STORES, $10 FOR EACH STORE ; 26 34 SENATE BILL 496
	1570	+
	1571	+
	1572	+
	1573	+	(2) FOR 6 TO 10 STORES, $30 FOR EACH STORE ; 1
	1574	+
	1575	+	(3) FOR 11 TO 20 STORES, $100 FOR EACH STORE ; AND 2
	1576	+
	1577	+	(4) FOR MORE THAN 20 STORES, $300 FOR EACH STORE . 3
	1578	+
	1579	+	Subtitle 18. Traders [and Chain Stores]. 4
	1580	+
	1581	+	17–1801. 5
	1582	+
	1583	+	(a) In this subtitle the following words have the meanings indicated. 6
	1584	+
	1585	+	(b) “Blind Industries” means Blind Industries and Services of Maryland. 7
	1586	+
	1587	+	[(c) “Chain store license” means a license issued by the clerk to operate 2 or more 8
	1588	+	stores under the same general management or ownership.] 9
	1589	+
	1590	+	[(d)] (C) “Exhibitor” means a person who rents space from a promoter to display 10
	1591	+	and sell goods at a show. 11
	1592	+
	1593	+	[(e)] (D) “Licensed trader” means a trader who is licensed by the clerk under this 12
	1594	+	subtitle. 13
	1595	+
	1596	+	(E) “MOBILE PLACE OF BUSIN ESS” MEANS A PLACE OF BUS INESS LOCATED 14
	1597	+	IN A TRUCK, TRAILER, OR OTHER VEHICLE AND NOT IN A BUILDING OR OTHER FIXED 15
	1598	+	STRUCTURE. 16
	1599	+
	1600	+	(f) “Promoter” means a person who rents space at a show to an exhibitor. 17
	1601	+
	1602	+	(g) “Show” includes an antique show, coin show, flea market, gun show, stamp 18
	1603	+	show, and show of a temporary nature. 19
	1604	+
	1605	+	[17–1803. 20
	1606	+
	1607	+	(a) Except as otherwise provided by State law and notwithstanding any local 21
	1608	+	ordinance or regulation to the contrary, a manufacturer located and doing business in the 22
	1609	+	State may sell and deliver goods to licensed traders in the State and for doing so need not 23
	1610	+	get a license from or pay a fee to a county, municipal corporation, or other political 24
	1611	+	subdivision. 25
	1612	+
	1613	+	(b) A county or municipal corporation may require a local license to sell goods at 26
	1614	+	auction. 27
	1615	+
	1616	+	(c) Notwithstanding any public general or public local law to the contrary, if a 28
	1617	+	visually handicapped individual or Blind Industries holds a trader’s license under this 29 SENATE BILL 496 35
	1618	+
	1619	+
	1620	+	subtitle, the individual or Blind Industries need not get an additional license or pay an 1
	1621	+	additional license fee to do business as a trader during the term of the trader’s license.] 2
	1622	+
	1623	+	[17–1804.] 17–1803. 3
	1624	+
	1625	+	(a) Except as otherwise provided in this subtitle, a person must have a trader’s 4
	1626	+	license whenever the person: 5
	1627	+
	1628	+	(1) does business as a trader in the State; or 6
	1629	+
	1630	+	(2) does business as an exhibitor in the State. 7
	1631	+
	1632	+	(b) A separate trader’s license is required for each store or [fixed] place of 8
	1633	+	business that a person operates in the State. 9
	1634	+
	1635	+	(C) (1) A SEPARATE TRADER ’S LICENSE IS REQUIRE D FOR EACH MOBILE 10
	1636	+	PLACE OF BUSINESS THAT OPERATES EXCLUS IVELY IN ONE FIXED L OCATION IN THE 11
	1637	+	STATE. 12
	1638	+
	1639	+	(2) EACH MOBILE PLACE OF BUSINESS THAT OPERAT ES IN MORE 13
	1640	+	THAN ONE LOCATION IN THE STATE REQUIRES A TRAD ER’S LICENSE AND A 14
	1641	+	PEDDLER’S LICENSE ISSUED UND ER SUBTITLE 9 OF THIS TITLE. 15
	1642	+
	1643	+	[(c)] (D) This section does not apply to: 16
	1644	+
	1645	+	(1) a grower, maker, or manufacturer of goods; 17
	1646	+
	1647	+	(2) a nonresident traveling salesperson, sample merchant, or 18
	1648	+	representative of a foreign mercantile or manufacturing business while selling to or 19
	1649	+	soliciting an order from a licensed trader in the State; or 20
	1650	+
	1651	+	(3) a private individual while publicly selling the individual’s personal 21
	1652	+	effects on the individual’s property, if the individual holds only 1 sale not exceeding 14 22
	1653	+	consecutive days in a calendar year; OR 23
	1654	+
	1655	+	(4) A RESTAURANT LICENSE D UNDER SUBTITLE 16 OF THIS TITLE. 24
	1656	+
	1657	+	[(d)] (E) (1) An exhibitor need not get a trader’s license for a show if the show 25
	1658	+	is promoted by: 26
	1659	+
	1660	+	(i) a church, as defined in § 5–301(b) of the Corporations and 27
	1661	+	Associations Article; 28
	1662	+
	1663	+	(ii) a governmental unit; 29
	1664	+
	1665	+	(iii) an amateur radio organization; 30 36 SENATE BILL 496
	1666	+
	1667	+
	1668	+
	1669	+	(iv) an antique vehicle, machine, and equipment organization; 1
	1670	+
	1671	+	(v) a volunteer fire department or rescue squad; or 2
	1672	+
	1673	+	(vi) a model train collectors’ association. 3
	1674	+
	1675	+	(2) An exhibitor need not get a trader’s license for a show if the exhibitor 4
	1676	+	gives to the promoter an exhibitor’s affidavit stating that the exhibitor: 5
	1677	+
	1678	+	(i) receives less than 10% of the exhibitor’s annual income from 6
	1679	+	selling the kind of goods that the exhibitor will display and sell at the show; and 7
	1680	+
	1681	+	(ii) has not participated in more than three shows, not including 8
	1682	+	participation in one show sponsored by a national organization that is exempt from taxation 9
	1683	+	under § 501(c)(3) of the Internal Revenue Code, during the previous 365 days. 10
	1684	+
	1685	+	(3) An exhibitor at an antique show, coin show, or collector show need not 11
	1686	+	get a trader’s license for the show if the exhibitor gives to the promoter an exhibitor’s 12
	1687	+	affidavit stating that the exhibitor: 13
	1688	+
	1689	+	(i) will display and sell at the show; 14
	1690	+
	1691	+	(ii) receives less than 10% of the exhibitor’s annual income in the 15
	1692	+	State from selling the kind of goods that the exhibitor will display and sell at the show; and 16
	1693	+
	1694	+	(iii) has not participated in more than three antique shows, coin 17
	1695	+	shows, or collector shows in the State during the previous 365 days. 18
	1696	+
	1697	+	(4) An exhibitor who has a trader’s license need not get an additional 19
	1698	+	trader’s license for a show if, before the show, the exhibitor gives the promoter a photocopy 20
	1699	+	of the trader’s license. 21
	1700	+
	1701	+	[17–1805. 22
	1702	+
	1703	+	A person must have a chain store license whenever the person operates 2 or more 23
	1704	+	retail stores under the same general management or ownership in the State.] 24
	1705	+
	1706	+	[17–1806.] 17–1804. 25
	1707	+
	1708	+	(a) An applicant for a trader’s license shall state in the application the place 26
	1709	+	where the applicant will do business as a trader. 27
	1710	+
	1711	+	(b) (1) An applicant for a trader’s license may apply under this subsection if 28
	1712	+	the applicant has a defect in vision such that: 29
	1713	+	SENATE BILL 496 37
	1714	+
	1715	+
	1716	+	(i) visual acuity in the applicant’s better eye does not exceed 20/140 1
	1717	+	with correcting lenses; or 2
	1718	+
	1719	+	(ii) the widest diameter of the applicant’s visual field subtends an 3
	1720	+	angle not exceeding 20 degrees. 4
	1721	+
	1722	+	(2) An applicant for a trader’s license under this subsection shall submit to 5
	1723	+	the clerk: 6
	1724	+
	1725	+	(i) a signed certificate, from a licensed physician who specializes in 7
	1726	+	treatment of the eye, that the applicant’s vision meets the standard of paragraph (1) of this 8
	1727	+	subsection; and 9
	1728	+
	1729	+	(ii) an affidavit that the applicant is the owner of the place of 10
	1730	+	business listed in the application. 11
	1731	+
	1732	+	(3) Blind Industries also may apply for a trader’s license under this 12
	1733	+	subsection for a business that it operates, if Blind Industries submits to the clerk an 13
	1734	+	affidavit that: 14
	1735	+
	1736	+	(i) Blind Industries operates the business listed in the application; 15
	1737	+	and 16
	1738	+
	1739	+	(ii) the manager of the business has vision that meets the standard 17
	1740	+	of paragraph (1) of this subsection. 18
	1741	+
	1742	+	[17–1807.] 17–1805. 19
	1743	+
	1744	+	(a) (1) In Baltimore County, the clerk may not issue a trader’s license for the 20
	1745	+	first time without the approval of the zoning commissioner. 21
	1746	+
	1747	+	(2) In an area of Cecil County where the Cecil County Office of Planning 22
	1748	+	and Zoning has jurisdiction, the clerk may not issue a trader’s license for the first time until 23
	1749	+	the applicant has obtained zoning approval from that office. 24
	1750	+
	1751	+	(3) (i) In Howard County, the clerk may not issue a trader’s license for 25
	1752	+	the first time without the approval of the Director of the Office of Planning and Zoning. 26
	1753	+
	1754	+	(ii) Within 3 working days after an application for a trader’s license 27
	1755	+	is submitted for review to the Director of the Office of Planning and Zoning, the Director 28
	1756	+	shall notify the clerk of the approval or disapproval of the application. 29
	1757	+
	1758	+	(4) IN CALVERT COUNTY, THE CLERK MAY NOT IS SUE A TRADER ’S 30
	1759	+	LICENSE WITHOUT THE APPROVAL OF THE DIRECTOR OF THE OFFICE OF PLANNING 31
	1760	+	AND ZONING FOR ALL NEW LI CENSES AND FOR ANY C HANGES TO A LOCATI ON FOR 32
	1761	+	AN EXISTING LICENSE . 33 38 SENATE BILL 496
	1762	+
	1763	+
	1764	+
	1765	+	(B) THE CLERK SHALL INDIC ATE ON EACH TRADER ’S LICENSE THE PLACE 1
	1766	+	WHERE THE LICENSED T RADER MAY DO BUSINES S AS A TRADER. 2
	1767	+
	1768	+	[(b)] (C) (1) This subsection does not apply to a county or municipal 3
	1769	+	corporation that selects a uniform license fee under [§ 17–1807.1] § 17–1806 of this 4
	1770	+	subtitle. 5
	1771	+
	1772	+	(2) A clerk may not issue a trader’s license until the clerk reviews the 6
	1773	+	accuracy of the statement made by the applicant on the application for a trader’s license 7
	1774	+	under [§ 17–1806] § 17–1804 of this subtitle regarding the place where the applicant will 8
	1775	+	do business as a trader. 9
	1776	+
	1777	+	[17–1807.1.] 17–1806. 10
	1778	+
	1779	+	(a) On or before October DECEMBER 1 each year, the governing body of a county 11
	1780	+	or municipal corporation may select a uniform license fee for a trader’s license under [§ 12
	1781	+	17–1808(b)] § 17–1807(B) of this subtitle by submitting its selection on a form provided by 13
	1782	+	the Comptroller and the State Department of Assessments and Taxation. 14
	1783	+
	1784	+	(b) A selection by the governing body of a county or municipal corporation under 15
	1785	+	this section is irrevocable. 16
	1786	+
	1787	+	[17–1808.] 17–1807. 17
	1788	+
	1789	+	(a) (1) Except as otherwise provided in this section, an applicant for a trader’s 18
	1790	+	license shall pay to the clerk a license fee. 19
	1791	+
	1792	+	(2) If the applicant’s business is located in a county or municipal 20
	1793	+	corporation that selects a uniform license fee under [§ 17–1807.1] § 17–1806 of this 21
	1794	+	subtitle, the applicant: 22
	1795	+
	1796	+	(i) shall pay the license fee set forth in subsection (b) of this section; 23
	1797	+	and 24
	1798	+
	1799	+	(ii) if the county or municipal corporation in which the business is 25
	1800	+	located provides a full tax exemption for commercial inventory, may not be required to 26
	1801	+	submit a certification by the State Department of Assessments and Taxation of the value 27
	1802	+	of the goods, fixtures, and stock–in–trade under § 17–302 of this title. 28
	1803	+
	1804	+	(3) If the applicant’s business is located in a county or municipal 29
	1805	+	corporation with a license fee based on the value of the applicant’s stock–in–trade, the 30
	1806	+	applicant shall pay the license fee under subsection (c) of this section. 31
	1807	+	SENATE BILL 496 39
	1808	+
	1809	+
	1810	+	(b) (1) This subsection applies only to a county or municipal corporation that 1
	1811	+	selects a uniform license fee for a trader’s license under [§ 17–1807.1] § 17–1806 of this 2
	1812	+	subtitle. 3
	1813	+
	1814	+	(2) In a county other than Baltimore City or Baltimore County, the license 4
	1815	+	fee is $15. 5
	1816	+
	1817	+	(3) In Baltimore City or Baltimore County, the license fee is $20. 6
	1818	+
	1819	+	(c) (1) This subsection applies only to a county or municipal corporation with 7
	1820	+	a license fee based on the value of the applicant’s stock–in–trade. 8
	1821	+
	1822	+	(2) In a county other than Baltimore City or Baltimore County, the license 9
	1823	+	fee is: 10
	1824	+
	1825	+	(i) $15, if the value of the applicant’s stock–in–trade is not more 11
	1826	+	than $1,000; 12
	1827	+
	1828	+	(ii) $18, if the value is more 13
	1829	+	than $1,000 but not more than $1,500; 14
	1830	+
	1831	+	(iii) $20, if the value is more than $1,500 but not more than $2,500; 15
	1832	+
	1833	+	(iv) $25, if the value is more than $2,500 but not more than $4,000; 16
	1834	+
	1835	+	(v) $30, if the value is more than $4,000 but not more than $6,000; 17
	1836	+
	1837	+	(vi) $40, if the value is more than $6,000 but not more than $8,000; 18
	1838	+
	1839	+	(vii) $50, if the value is more than $8,000 but not more than $10,000; 19
	1840	+
	1841	+	(viii) $65, if the value is more than $10,000 but not more than $15,000; 20
	1842	+
	1843	+	(ix) $80, if the value is more than $15,000 but not more than $20,000; 21
	1844	+
	1845	+	(x) $100, if the value is more than $20,000 but not more than 22
	1846	+	$30,000; 23
	1847	+
	1848	+	(xi) $125, if the value is more than $30,000 but not more than 24
	1849	+	$40,000; 25
	1850	+
	1851	+	(xii) $150, if the value is more than $40,000 but not more than 26
	1852	+	$50,000; 27
	1853	+
	1854	+	(xiii) $200, if the value is more than $50,000 but not more than 28
	1855	+	$75,000; 29
	1856	+	40 SENATE BILL 496
	1857	+
	1858	+
	1859	+	(xiv) $250, if the value is more than $75,000 but not more than 1
	1860	+	$100,000; 2
	1861	+
	1862	+	(xv) $300, if the value is more than $100,000 but not more than 3
	1863	+	$150,000; 4
	1864	+
	1865	+	(xvi) $350, if the value is more than $150,000 but not more than 5
	1866	+	$200,000; 6
	1867	+
	1868	+	(xvii) $400, if the value is more than $200,000 but not more than 7
	1869	+	$300,000; 8
	1870	+
	1871	+	(xviii) $500, if the value is more than $300,000 but not more than 9
	1872	+	$400,000; 10
	1873	+
	1874	+	(xix) $600, if the value is more than $400,000 but not more than 11
	1875	+	$500,000; 12
	1876	+
	1877	+	(xx) $750, if the value is more than $500,000 but not more than 13
	1878	+	$750,000; and 14
	1879	+
	1880	+	(xxi) $800, if the value is more than $750,000. 15
	1881	+
	1882	+	(3) In Baltimore City, the license fee is: 16
	1883	+
	1884	+	(i) $20, if the value of the applicant’s stock–in–trade is not more 17
	1885	+	than $1,000; 18
	1886	+
	1887	+	(ii) $40, if the value is more than $1,000 but not more than $5,000; 19
	1888	+
	1889	+	(iii) $80, if the value is more than $5,000 but not more than $10,000; 20
	1890	+
	1891	+	(iv) $160, if the value is more than $10,000 but not more than 21
	1892	+	$50,000; 22
	1893	+
	1894	+	(v) $375, if the value is more than $50,000 but not more than 23
	1895	+	$100,000; 24
	1896	+
	1897	+	(vi) $1,000, if the value is more than $100,000 but not more than 25
	1898	+	$300,000; 26
	1899	+
	1900	+	(vii) $1,500, if the value is more than $300,000 but not more than 27
	1901	+	$750,000; and 28
	1902	+
	1903	+	(viii) $2,125, if the value is more than $750,000. 29
	1904	+
	1905	+	(4) In Baltimore County, the license fee is: 30 SENATE BILL 496 41
	1906	+
	1907	+
	1908	+
	1909	+	(i) $20, if the value of the applicant’s stock–in–trade is not more 1
	1910	+	than $1,000; 2
	1911	+
	1912	+	(ii) $40, if the value is more than $1,000 but not more than $5,000; 3
	1913	+
	1914	+	(iii) $80, if the value is more than $5,000 but not more than $10,000; 4
	1915	+
	1916	+	(iv) $160, if the value is more than $10,000 but not more than 5
	1917	+	$50,000; 6
	1918	+
	1919	+	(v) $375, if the value is more than $50,000 but not more than 7
	1920	+	$100,000; 8
	1921	+
	1922	+	(vi) $450, if the value is more than $100,000 but not more than 9
	1923	+	$200,000; 10
	1924	+
	1925	+	(vii) $500, if the value is more than $200,000 but not more than 11
	1926	+	$300,000; 12
	1927	+
	1928	+	(viii) $775, if the value is more than $300,000 but not more than 13
	1929	+	$400,000; 14
	1930	+
	1931	+	(ix) $1,000, if the value is more than $400,000 but not more than 15
	1932	+	$500,000; 16
	1933	+
	1934	+	(x) $1,250, if the value is more than $500,000 but not more than 17
	1935	+	$750,000; and 18
	1936	+
	1937	+	(xi) $1,600, if the value is more than $750,000. 19
	1938	+
	1939	+	(d) (1) This subsection does not apply to a domestic corporation that has 20
	1940	+	shares subject to taxation under State law. 21
	1941	+
	1942	+	(2) In determining the value of an applicant’s stock–in–trade, the clerk 22
	1943	+	shall accept as prima facie evidence the values shown on the certification of the State 23
	1944	+	Department of Assessments and Taxation, OR DECLARATION OF IN VENTORY FROM THE 24
	1945	+	APPLICANT, AS required by § 17–302 of this title. 25
	1946	+
	1947	+	(e) A license fee shall be waived for: 26
	1948	+
	1949	+	(1) a visually handicapped applicant who meets the standards of [§ 27
	1950	+	17–1806(b)(1)] § 17–1804(B)(1) of this subtitle; and 28
	1951	+
	1952	+	(2) Blind Industries. 29
	1953	+	42 SENATE BILL 496
	1954	+
	1955	+
	1956	+	[17–1809. 1
	1957	+
	1958	+	(a) This section does not apply to an automobile service station where the 2
	1959	+	principal business is the sale or distribution of motor fuel. 3
	1960	+
	1961	+	(b) (1) An applicant for a chain store license shall pay to the clerk a license fee 4
	1962	+	based on the value of the applicant’s stock–in–trade under § 17–1808 of this subtitle and 5
	1963	+	an additional license fee. 6
	1964	+
	1965	+	(2) In a county other than Baltimore City, Baltimore County, or Cecil 7
	1966	+	County, the additional license fee is: 8
	1967	+
	1968	+	(i) $5 for each store for 2 to 5 stores; 9
	1969	+
	1970	+	(ii) $20 for each store for 6 to 10 stores; 10
	1971	+
	1972	+	(iii) $100 for each store for 11 to 20 stores; or 11
	1973	+
	1974	+	(iv) $150 for each store for more than 20 stores. 12
	1975	+
	1976	+	(3) In Baltimore City or Baltimore County, the additional license fee is: 13
	1977	+
	1978	+	(i) $12 for each store for 2 to 5 stores; 14
	1979	+
	1980	+	(ii) $50 for each store for 6 to 10 stores; 15
	1981	+
	1982	+	(iii) $250 for each store for 11 to 20 stores; or 16
	1983	+
	1984	+	(iv) $375 for each store for more than 20 stores. 17
	1985	+
	1986	+	(4) In Cecil County, the additional license fee is: 18
	1987	+
	1988	+	(i) $10 for each store for 2 to 5 stores; 19
	1989	+
	1990	+	(ii) $30 for each store for 6 to 10 stores; 20
	1991	+
	1992	+	(iii) $100 for each store for 11 to 20 stores; and 21
	1993	+
	1994	+	(iv) $300 for each store for more than 20 stores.] 22
	1995	+
	1996	+	[17–1810. 23
	1997	+
	1998	+	The clerk shall state on each trader’s license the place where the licensed trader may 24
	1999	+	do business as a trader.] 25
	2000	+
	2001	+	[17–1811.] 17–1808. 26 SENATE BILL 496 43
	2002	+
	2003	+
	2004	+
	2005	+	[(a) (1) Except as provided in paragraph (2) of this subsection, a trader’s license 1
	2006	+	authorizes the holder to offer goods for sale in any part of the State.] 2
	2007	+
	2008	+	(A) (1) THE CLERK SHALL STATE ON EACH TRADER ’S LICENSE THE PLACE 3
	2009	+	WHERE THE LICENSEE M AY DO BUSINESS AS A TRADER. 4
	2010	+
	2011	+	(2) [However, a] A trader may keep a [store or fixed] place of business only 5
	2012	+	at the place stated [in] ON the trader’s license. 6
	2013	+
	2014	+	(b) A trader’s license issued to an exhibitor authorizes the holder to do business 7
	2015	+	as an exhibitor at any show in the State. 8
	2016	+
	2017	+	(C) A TRADER’S LICENSE ISSUED TO A PEDDLER, AS DEFINED IN § 17–901 9
	2018	+	OF THIS TITLE, AUTHORIZES THE HOLDE R OF THE TRADER ’S LICENSE TO ACT AS A 10
	2019	+	PEDDLER ONLY IN THE COUNTY WHERE THE TRA DER’S LICENSE WAS ISSUED . 11
	2020	+
	2021	+	[17–1812.] 17–1809. 12
	2022	+
	2023	+	(a) (1) If a trader disputes the value of the trader’s stock–in–trade on which 13
	2024	+	the license fee is based, the trader may submit in accordance with the Tax – Property 14
	2025	+	Article an appeal to the State Department of Assessments and Taxation as to the value of 15
	2026	+	the stock–in–trade. 16
	2027	+
	2028	+	(2) To avoid being in default, the trader may pay the license fee and get a 17
	2029	+	trader’s license with the understanding that the trader will get a refund of any excess 18
	2030	+	amount paid for the trader’s license. 19
	2031	+
	2032	+	(b) (1) If the State Department of Assessments and Taxation reduces the value 20
	2033	+	of the stock–in–trade, resulting in a lower license fee, the licensed trader may get a refund 21
	2034	+	of any excess amount paid by submitting to the clerk who issued the trader’s license: 22
	2035	+
	2036	+	(i) a claim for the refund; and 23
	2037	+
	2038	+	(ii) supporting evidence of the reduction from the State Department 24
	2039	+	of Assessments and Taxation. 25
	2040	+
	2041	+	(2) On approving the claim, the clerk shall pay the refund. 26
	2042	+
	2043	+	(c) If the clerk pays a refund, the clerk shall deduct the amount of the refund from 27
	2044	+	the license fees distributed to the county or municipal corporation that receives the fee. 28
	2045	+
	2046	+	[17–1813.] 17–1810. 29
	2047	+
	2048	+	(a) Except as provided in subsection (b) of this section, a trader may transfer the 30
	2049	+	trader’s license to a person who: 31 44 SENATE BILL 496
	2050	+
	2051	+
	2052	+
	2053	+	(1) buys the stock–in–trade of the trader; and 1
	2054	+
	2055	+	(2) buys or rents the place of business of the trader. 2
	2056	+
	2057	+	(b) (1) A trader’s license issued to a visually handicapped individual or Blind 3
	2058	+	Industries is not transferable. 4
	2059	+
	2060	+	(2) However, Blind Industries may change the manager of the place of 5
	2061	+	business for which a trader’s license was issued if the new manager has vision that meets 6
	2062	+	the standard of [§ 17–1806(b)(1)] § 17–1804(B)(1) of this subtitle. 7
	2063	+
	2064	+	(c) Whenever a trader sells the trader’s stock–in–trade and transfers the trader’s 8
	2065	+	license: 9
	2066	+
	2067	+	(1) the transfer of the trader’s license shall be reported to the clerk who 10
	2068	+	issued the license; and 11
	2069	+
	2070	+	(2) the clerk shall[: 12
	2071	+
	2072	+	(i)] record the transfer of the trader’s license[; and 13
	2073	+
	2074	+	(ii) charge 50 cents for doing so.] 14
	2075	+
	2076	+	(d) (1) In Baltimore County, the clerk may not issue a transferred trader’s 15
	2077	+	license without the approval of the zoning commissioner. 16
	2078	+
	2079	+	[(2) (i) In Howard County, the clerk may not issue a transferred trader’s 17
	2080	+	license without the approval of the Director of the Office of Planning and Zoning. 18
	2081	+
	2082	+	(ii) Within 3 working days after an application for issuance of a 19
	2083	+	transferred trader’s license is submitted for review by the Director of the Office of Planning 20
	2084	+	and Zoning, the Director shall notify the clerk of the approval or disapproval of the 21
	2085	+	application.] 22
	2086	+
	2087	+	(2) IN CALVERT COUNTY, THE CLERK MAY NOT IS SUE A 23
	2088	+	TRANSFERRED TRADER ’S LICENSE UNLESS THE ZONING REQUIREMENTS UNDER § 24
	2089	+	17–307 OF THIS TITLE ARE ME T. 25
	2090	+
	2091	+	(e) A person who buys a trader’s license may do business as a trader for the rest 26
	2092	+	of the term of the trader’s license. 27
	2093	+
	2094	+	[17–1814.] 17–1811. 28
	2095	+
	2096	+	(a) A promoter may not allow an exhibitor to do business at a show unless, before 29
	2097	+	the show, the exhibitor submits to the promoter: 30 SENATE BILL 496 45
	2098	+
	2099	+
	2100	+
	2101	+	(1) a photocopy of the trader’s license of the exhibitor; or 1
	2102	+
	2103	+	(2) an exhibitor’s affidavit in accordance with § [17–1804(d)(2)] 2
	2104	+	17–1803(D)(2) or (3) of this subtitle. 3
	2105	+
	2106	+	(b) The exhibitor’s affidavit or the photocopy of the trader’s license shall be 4
	2107	+	displayed conspicuously during the show. 5
	2108	+
	2109	+	(c) Within 7 days after a show ends, the promoter shall submit to the Comptroller 6
	2110	+	the exhibitors’ affidavits. 7
	2111	+
	2112	+	[17–1815. 8
	2113	+
	2114	+	(a) (1) In this section the following words have the meanings indicated. 9
	2115	+
	2116	+	(2) “Yacht brokerage” means the sale of new or used vessels. 10
	2117	+
	2118	+	(3) (i) “Yacht salesperson” means an individual who provides yacht 11
	2119	+	brokerage services on behalf of a licensed trader. 12
	2120	+
	2121	+	(ii) “Yacht salesperson” includes a licensed yacht broker. 13
	2122	+
	2123	+	(b) Subject to the provisions of this section, a licensed trader who sells yachts 14
	2124	+	may, at the trader’s option, utilize as an independent contractor, employ, or otherwise 15
	2125	+	contract with a yacht salesperson. 16
	2126	+
	2127	+	(c) A yacht salesperson: 17
	2128	+
	2129	+	(1) may operate under a trader’s license; and 18
	2130	+
	2131	+	(2) is not required to be licensed personally. 19
	2132	+
	2133	+	(d) (1) A licensed trader shall exercise reasonable and adequate supervision 20
	2134	+	over the provision of yacht brokerage services by a yacht salesperson on behalf of the trader. 21
	2135	+
	2136	+	(2) The requirement of paragraph (1) of this subsection shall apply 22
	2137	+	regardless of the manner in which a yacht salesperson is affiliated with the trader on whose 23
	2138	+	behalf the services are rendered.] 24
	2139	+
	2140	+	[17–1816.] 17–1812. 25
	2141	+
	2142	+	A person, including a licensed physician, who violates or conspires to violate any 26
	2143	+	provision of this subtitle that relates to trader’s licenses for visually handicapped 27
	2144	+	individuals or Blind Industries is guilty of a misdemeanor and, on conviction, is subject to 28
	2145	+	a fine not exceeding $1,000 or imprisonment not exceeding 6 months or both. 29 46 SENATE BILL 496
	2146	+
	2147	+
	2148	+
	2149	+	Subtitle 19. Vending Machines. 1
	2150	+
	2151	+	17–1902. 2
	2152	+
	2153	+	This subtitle does not apply to: 3
	2154	+
	2155	+	(1) the sale or offering for sale of [cigarettes,] newspapers, magazines, 4
	2156	+	paper cups, paper or cloth towels, soap, toilet seat covers, postage stamps, or sanitary 5
	2157	+	napkins; [or] 6
	2158	+
	2159	+	(2) the sale or offering for sale of merchandise through a bulk vending 7
	2160	+	machine as defined in § 11–201.1 of the Tax – General Article; OR 8
	2161	+
	2162	+	(3) THE SALE OF TOBACCO PRODUCTS THROUGH A V ENDING 9
	2163	+	MACHINE UNDER TITLE 16, SUBTITLE 3A OF THIS ARTICLE . 10
	2164	+
	2165	+	17–1904. 11
	2166	+
	2167	+	(A) An applicant for a vending machine license shall pay to the clerk a license fee 12
	2168	+	of $2.50 for each vending machine. 13
	2169	+
	2170	+	(B) ALL VENDING MACHINE L ICENSE FEES COLLECTE D UNDER THIS 14
	2171	+	SECTION SHALL BE PAI D TO THE COMPTROLLER . 15
	2172	+
	2173	+	17–1905. 16
	2174	+
	2175	+	(a) [The clerk shall give each vending machine licensee an identification label for 17
	2176	+	each vending machine.] THE COMPTROLLER SHALL PRI NT AND DELIVER TO TH E 18
	2177	+	CLERK A LICENSE STIC KER FOR EACH VENDING MACHINE. 19
	2178	+
	2179	+	(B) THE CLERK SHALL GIVE EACH VENDING M ACHINE LICENSEE A LI CENSE 20
	2180	+	STICKER FOR EACH VEN DING MACHINE . 21
	2181	+
	2182	+	[(b)] (C) (1) Subject to regulations adopted by the Comptroller, the 22
	2183	+	[identification label] LICENSE STICKER shall be attached to the vending machine so that 23
	2184	+	the identification label is easily visible. 24
	2185	+
	2186	+	(2) In addition, the name and telephone number of the vending machine 25
	2187	+	licensee or owner of the vending machine shall be displayed on each vending machine so 26
	2188	+	that the name and telephone number are easily visible. 27
	2189	+
	2190	+	[(c)] (D) (1) If an inspector finds that a vending machine does not display the 28
	2191	+	[identification label] LICENSE STICKER required by this section, the inspector promptly 29
	2192	+	shall: 30 SENATE BILL 496 47
	2193	+
	2194	+
	2195	+
	2196	+	(i) notify the vending machine licensee or owner in writing of the 1
	2197	+	violation; and 2
	2198	+
	2199	+	(ii) require that the vending machine licensee or owner display the 3
	2200	+	[identification label] LICENSE STICKER properly within 10 days after receiving notice of 4
	2201	+	the violation. 5
	2202	+
	2203	+	(2) If the vending machine licensee or owner fails to display the 6
	2204	+	[identification label] LICENSE STICKER properly within 10 days, the inspector shall: 7
	2205	+
	2206	+	(i) seal the vending machine to prevent further use; and 8
	2207	+
	2208	+	(ii) take necessary action to enforce the licensing provisions of this 9
	2209	+	subtitle. 10
	2210	+
	2211	+	(3) If neither the [identification label] LICENSE STICKER nor the name 11
	2212	+	and telephone number of the vending machine licensee or owner are displayed properly, 12
	2213	+	the inspector: 13
	2214	+
	2215	+	(i) immediately shall seal the vending machine to prevent further 14
	2216	+	use; and 15
	2217	+
	2218	+	(ii) shall take necessary action to enforce this subtitle. 16
	2219	+
	2220	+	17–1906. 17
	2221	+
	2222	+	(a) A person may not sell goods or offer goods for sale through a vending machine 18
	2223	+	in the State unless the person has a vending machine license that covers that machine. 19
	2224	+
	2225	+	(B) AN UNAUTHORIZED PERSO N MAY NOT REMOVE OR TAMPER WITH A 20
	2226	+	LICENSE STICK ER OR SEAL ON A VEND ING MACHINE. 21
	2227	+
	2228	+	[(b)] (C) A person who violates ANY PROVISION OF this [section] SUBTITLE is 22
	2229	+	guilty of a misdemeanor and, on conviction, is subject to a fine not exceeding $100. 23
	2230	+
	2231	+	[17–1907. 24
	2232	+
	2233	+	(a) An unauthorized person may not remove or tamper with a seal on a vending 25
	2234	+	machine. 26
	2235	+
	2236	+	(b) A person who violates this section is guilty of a misdemeanor and, on 27
	2237	+	conviction, is subject to a fine not exceeding $100.] 28
	2238	+
	2239	+	Subtitle 21. General Prohibited Acts; Penalties. 29
	2240	+	48 SENATE BILL 496
	2241	+
	2242	+
	2243	+	17–2101. 1
	2244	+
	2245	+	In this subtitle, “license” has the meaning stated in [§ 17–201] §§ 17–101 AND 2
	2246	+	17–201 of this title. 3
	2247	+
	2248	+	17–2103. 4
	2249	+
	2250	+	A person may not fail to display a license, LICENSE STICKER , OR METAL TAG as 5
	2251	+	required by this title. 6
	2252	+
	2253	+	SECTION 3. AND BE IT FURTHER ENACTED, T hat this Act shall take effect 7
	2254	+	October 1, 2022. 8
	2255	+
	2256	+
	2257	+
	2258	+
	2259	+	Approved:
	2260	+	________________________________________________________________________________
	2261	+	Governor.
	2262	+	________________________________________________________________________________
	2263	+	President of the Senate.
	2264	+	________________________________________________________________________________
	2265	+	Speaker of the House of Delegates.