ARTICLE 11. LICENSES Title 1. DEFINITIONS; GENERAL PROVISIONS 2. AMUSEMENTS 3. AUCTIONEERS 4. CONSTRUCTION TRADE LICENSES 5. FIRES 6. FOOD SERVICE FACILITIES 6A. HOTELS 7. HUCKSTERS 8. LIQUID WASTE HAULERS 9. MANUFACTURED MOBILE HOMES 10. MULTIPLE DWELLINGS AND ROOMING HOUSES 11. PARADES 12. PAWNBROKERS 12A. SECOND-HAND DEALER LICENSE 13. ROADSIDE VENDORS 14. SWIMMING POOLS 15. TAXICABS 16. TOWING COMPANIES
TITLE 1. DEFINITIONS; GENERAL PROVISIONS
Section 11-1-101. Definitions. 11-1-102. Administration. 11-1-103. General requirements. 11-1-104. Right of entry. 11-1-105. Civil enforcement. 11-1-106. Stop-work orders.
§ 11-1-101. Definitions.
In this article, "Department" means the Department of Inspections and Permits and "Director" means the Director of Inspections and Permits or the Director's designee. (1985 Code, Art. 16, § 1-101)
§ 11-1-102. Administration.
The Director and the Department shall administer and enforce the provisions of this article, except that provisions relating to multiple dwellings and rooming houses shall be administered and enforced as provided in Title 10, provisions relating to nonconsensual towing
companies and parking lot owners shall be administered and enforced as provided in Title 16, and the Health Officer and the Health Department shall administer and enforce the provisions relating to fires, food service facilities, and swimming pools. (1985 Code, Art. 16, § 1-102) (Bill. No. 52-13)
§ 11-1-103. General requirements.
(a) Applications. To apply for a license required under this article, an applicant shall file an application on the form required by the Department or the Health Department, as applicable. (b) Fees. No license may be issued or renewed until the applicant pays the required fee. Fees may not be refunded or prorated. (c) Falsification of information. Any person who falsifies information required or provided under this article shall be disqualified from becoming or continuing as a licensee. (d) Insurance. A licensee shall maintain workers’ compensation insurance in the amount and manner required by the Maryland Workers’ Compensation Law. A licensee required to maintain other insurance by this article shall provide insurance with a carrier licensed to offer insurance in this State or, for qualified Maryland taxicab companies, a valid certificate of self-insurance issued by the State of Maryland Motor Vehicle Administration pursuant to the Transportation Article of the State Code and COMAR 11.18.02.01, et seq. and 11.18.02.04 as a Class B self-insurer, provide the Director with a copy of a certificate of the required insurance or self-insurance, and, except for a State-certified self-insured Maryland taxicab company, make the policy available for inspection upon request. The policy shall require 30 days’ written notice of cancellation to the licensee and the County, except that construction trade licensees, liquid waste haulers, and pawnbrokers shall provide notice of cancellation to the Department within 10 days of the cancellation date. A license shall be suspended on a provisional basis without a hearing if the licensee fails to maintain all insurance required by this article. (e) Compliance with other law. In addition to compliance with this article, a licensee shall comply with all applicable federal, State, and County law and regulations. (1985 Code, Art. 16, §§ 1-103, 2-311, 2-320, 2-629) (Bill No. 96-91; Bill No. 21-12)
§ 11-1-104. Right of entry.
The County may enter on property or into a structure without advance notice during reasonable hours to make inspections to ensure compliance with this article.
§ 11-1-105. Civil enforcement.
(a) Generally. The County may enforce the provisions of this article through injunctive proceedings, an action for specific performance, or any other appropriate proceedings. (b) Civil fines. It is a Class D civil offense for a person to violate any provision of this article. (c) Remedies are cumulative. The remedies available under this section are cumulative and not exclusive. Initiation of criminal proceedings under § 9-1-101 of this Code or civil proceedings under this section does not preclude administrative action to suspend or revoke a license based on the same violation.
State Code reference – Local Government Article, § 10-202.
§ 11-1-106. Stop-work orders.
(a) Issuance. The County may issue a stop-work order to a licensee who is engaging in any activity in violation of this article or who is doing work on a structure in violation of this Code or otherwise in an unsafe and dangerous manner. The stop-work order shall state the conditions under which the work or activity may be resumed. It shall be served by posting on the site and by delivery to the owner of the property, the owner's agent, or the person doing the work. Upon service of the order, the work or activity shall be stopped immediately, except for work or activity directed to be performed to remove a violation or unsafe condition. (b) Civil fine. It is a Class D civil offense for a person to continue any activity or work in violation of a stop-work order. (1985 Code, Art. 16, §§ 6-401.1, 14-401.1) (Bill No. 11-86; Bill No. 12-86)
TITLE 2. AMUSEMENTS
Section Subtitle 1. General Provisions
11-2-101. Inspections by Police Department. 11-2-102. Denial; refusal to renew; revocation. 11-2-103. Payment of taxes. 11-2-104. Amusement License Commission.
Subtitle 2. Bingo Games
11-2-201. Definitions. 11-2-202. Regulatory authority. 11-2-203. Rules and regulations. 11-2-204. Hearing by Office of Administrative Hearings. 11-2-205. Findings and recommendations of the Amusement License Commission. 11-2-206. General prohibitions – Commercial bingo. 11-2-207. Commercial bingo licenses. 11-2-208. Location of commercial bingo games; notices and signs. 11-2-209. Instant bingo and progressive bingo by commercial bingo licensees. 11-2-210. Insurance to be maintained by commercial bingo licensees. 11-2-211. Ownership and control by commercial bingo licensees. 11-2-212. Standards to be met by commercial bingo owners and managerial
employees. 11-2-213. Disclosure of stock ownership by corporate commercial bingo licensees. 11-2-214. Internal management controls required for commercial bingo licensees. 11-2-215. Annual report by commercial bingo licensee. 11-2-216. Transfer of ownership or control by commercial bingo licensee. 11-2-217. Manufacturer's and distributor's licenses. 11-2-218. Linked bingo game provider license. 11-2-219. Prizes and awards – Commercial bingo and linked bingo.
11-2-220. Audits – Commercial bingo and linked bingo. 11-2-221. Financial reports and audits – All license holders. 11-2-222. Service of notices and orders – All license holders. 11-2-223. Renewal of licenses – All license holders. 11-2-224. Suspension or revocation of licenses – All license holders. 11-2-225. Confidentiality of information. 11-2-226. Retention of records. 11-2-227. Reportable events. 11-2-228. Arbitration.
Subtitle 3. Carnivals (Class D)
11-2-301. License required. 11-2-302. Fee. 11-2-303. Insurance. 11-2-304. Investigation. 11-2-305. Contents of license. 11-2-306. Operation under license. 11-2-307. Display of license.
Subtitle 4. Circuses (Class A)
11-2-401. License.
Subtitle 5. Coin-Operated Amusement Devices (Classes E, I, and FA) 11-2-501. "Coin-operated amusement device" defined. 11-2-502. Licenses classified. 11-2-503. General prohibitions. 11-2-504. Class E license. 11-2-505. Class I license. 11-2-506. Class FA license.
Subtitle 6. Drag Races (Class X)
11-2-601. Class X license. Subtitle 7. Fund-Raising Events (Classes S and T)
11-2-701. Definitions. 11-2-702. Licenses classified. 11-2-703. Display. 11-2-704. Limitations on issuance. 11-2-705. Term; renewal. 11-2-706. Class S license. 11-2-707. Class T license. 11-2-708. Prizes for Class S and T licenses. 11-2-709. Fees. 11-2-710. Reporting.
The Police Department shall make frequent inspections of premises for which licenses are issued under this title to ascertain that the premises and the devices in the premises are licensed. (1985 Code, Art. 16, § 2-103)
§ 11-2-102. Denial; refusal to renew; revocation.
The Department is not required to make an investigation before the issuance of a license and may refuse to issue or renew a license on the basis of the facts disclosed on the application. The Department may deny, refuse to renew, or revoke a license if it finds that the activity authorized by the license at the proposed premises will create a nuisance or be detrimental to the peace and welfare of the community. (1985 Code, Art. 16, §§ 2-104, 2-628, 2-629, 2-705, 2-708)
§ 11-2-103. Payment of taxes.
A person may not become or continue as a licensee under this article unless the person is current on the payment of all taxes owing to the County and the State.
§ 11-2-104. Amusement License Commission.
(a) Establishment. There is an Amusement License Commission consisting of seven members. Six members, who shall be residents of the County, are appointed by the County Executive. The seventh member shall be a police officer appointed by the Chief of Police. (b) Term. The term of a member runs concurrently with the term of the County Executive. At the end of a term, a member shall continue to serve until a successor is appointed. The County Executive may remove a member for cause prior to the expiration of the term of the member. If a vacancy occurs during the term of a member appointed by the County Executive, the County Executive shall appoint a qualified successor to complete the term. The member appointed by the Chief of Police shall serve at the pleasure of the Chief of Police. (c) Chair and Vice Chair. The Commission shall elect a Chair and Vice Chair from its membership. (d) Meetings; quorum. The Commission shall meet at the request of the Director, and the Chair shall schedule the meetings and preside over them. The Commission shall advise the Director on proposed ordinances and the adoption of regulations to implement the provisions of this title and shall perform other duties as assigned by the Director. The Commission shall issue findings and recommendations in the regulation of commercial bingo games under § 11-2-202 and § 11-2-205. A quorum of four members is required to make a recommendation under that subsection. The vote of each member on a recommendation shall be a matter of public record.
(e) Rules of procedure. The Commission shall adopt rules of procedure for the orderly conduct of its business and for the issuance of findings and recommendations under this title. (f) Reimbursement for expenses. Members of the Commission are not entitled to compensation for their services, but are entitled to reimbursement for reasonable and necessary expenses as provided in the budget of the Department. (g) Conflicts of interest. Members of the Commission are subject to the same conflict-of-interest provisions applicable to County officials or employees under § 7-3-101 of this Code, and a member shall be disqualified from considering or advising the Director on any matter in which the member has a personal or financial interest, but this provision does not prevent a member engaged in an activity regulated by this title from participating in general regulatory matters or from participating in recommendations affecting a license other than that in which the member has a personal or financial interest. The Director may adopt regulations to implement the conflict-of-interest provisions, including requirements for disclosure by members of interests in activities regulated by this title. (h) Staff. The Director shall furnish clerical and other staff support to the Commission. (1985 Code, Art. 16, §§ 2-111, 2-112) (Bill No. 96-91; Bill No. 11-95)
SUBTITLE 2. BINGO GAMES
§ 11-2-201. Definitions.
In this subtitle, the following words have the meanings indicated. (1) "Beneficial ownership" means record ownership and: (i) stock or other ownership in one or more entities in a chain of parent and subsidiary or affiliated entities, any one of which participates in the capital or profits of a licensee, regardless of the percentage of ownership involved; (ii) any interest that entitles a person to benefits substantially equivalent to ownership by reason of any contract, lease, understanding, relationship, agreement, or other arrangement, even though the person is not the record owner; and (iii) unless there are special circumstances, securities held by an individual's spouse or relatives, including children, living in the home. (2) "Bingo" means that specific game of chance played with cards having randomly-numbered squares ranging from 1 to 75 in which prizes are awarded on the basis of designated numbers on the cards conforming to a predetermined pattern of numbers. The cards shall have five vertical rows headed respectively by the letters B.I.N.G.O., with each row having five randomly numbered squares, except that one or more squares may be labeled "free". The term "bingo" includes instant bingo. (3) "Bingo equipment and supplies" means all equipment and devices commonly used in the direct operation of bingo or instant bingo, including the receptacle, object, rack, verification board, and cards. (4) "Commercial bingo" means bingo for which any type of consideration is paid or collected in order to play the game, but the term does not include bingo conducted by charitable and nonprofit organizations permitted to conduct bingo under State or County law.
(5) "Commission" means the Amusement License Commission established by § 11-2-104. (6) "Gross receipts" means the total revenue received from bingo games and admission charges, excluding the cost of prizes or winnings distributed, but without regard to other expenses. (7) "Instant bingo" means a specific game of chance played by the random selection of one or more individually prepackaged cards, with winners determined by preprinted letters, numbers, or symbols. (8) "Licensee" means the holder of a commercial bingo license, but the term does not include the holder of a manufacturer's or distributor's license or a linked bingo game provider. (9) "License holder" means a licensee, a holder of a manufacturer's and distributor's license, or a linked bingo game provider. (10) "Linked bingo game" means a bingo game simultaneously played at two or more locations at which licensees are authorized to conduct commercial bingo games. (11) "Linked bingo game provider" means a person who provides equipment or management services to be used in the conduct of a linked bingo game. (12) "Managerial employee" means a director, officer, and any other employee having managerial control over a licensee's commercial bingo business, the general manager, the chief financial officer, the chief bookkeeper, and any individual placed in direct control of commercial bingo games during a session. (13) "Manufacturer and distributor" means any person who manufactures, sells, leases, or otherwise provides or distributes bingo equipment or supplies to licensees. (14) "Objects" means a set of 75 balls or other precision shapes identical in size and shape on which are printed numbers and letters, with numbers 1 through 15 marked with the letter "B", numbers 16 through 30 marked with the letter "I", numbers 31 through 45 marked with the letter "N", numbers 46 through 60 marked with the letter "G", and numbers 61 through 75 marked with the letter "O". (15) "Owner" means an individual proprietor or a general or limited partner, and the term includes a person with a beneficial ownership interest in a licensee and a shareholder of a corporate licensee having 10% or more interest, including beneficial ownership, in the licensee. (16) "Progressive game" means a bingo game in which a prize amount is carried over to a subsequent game if no winner is declared after a specified number of draws or calls are completed. (17) "Proposed transferee" means a proposed purchaser, lessee, assignee, or person acquiring ownership or control of a license or of a licensee. (18) "Rack" means the container in which the objects are placed after being drawn and announced. (19) "Receptacle" means the container from which the objects are drawn or ejected. (20) "Session" means a series of bingo games conducted by a licensee during a single 24-hour period. (1985 Code, Art. 16, §§ 2-301, 2-307, 2-310) (Bill No. 96-91; Bill No. 4-00; Bill No. 9-05)
In addition to the other powers specified by this subtitle, the Director shall have the power to conduct investigations and monitor the conduct of commercial bingo games and the manufacture and distribution of bingo equipment and supplies. The Director also may permit variations of the game configuration, after referral to and recommendation from the Amusement License Commission. (1985 Code, Art. 16, § 2-302) (Bill No. 96-91; Bill No. 4-00; Bill No. 10-02; Bill No. 9-05)
§ 11-2-203. Rules and regulations.
After public notice and an opportunity for comment from the public, license holders, and the Commission, the Director shall adopt rules and regulations to implement this subtitle. The scope of the rules and regulations may include all subjects necessary to implement the intent of this subtitle and to ensure the integrity of bingo games and the proper disposition of all funds derived from the commercial bingo games. The scope of the rules and regulations may include: (1) the issuance, denial, revocation, or suspension of licenses and the manufacturing and distribution of bingo equipment and supplies; (2) uniform procedures for requiring and reviewing personal and financial background information of owners and managerial employees, including requirements for an appropriate amount of time for completion of required background checks, a review by a certified public accountant of certified financial statements, a review of any contingent or pledged liabilities, an income statement for the most recent fiscal year, a statement of financial and related records of any business entity in which the owner or managerial employee has a majority interest, a submission of copies of federal and state income tax returns, a disclosure of all financial interests in commercial or nonprofit gaming, a criminal background review, and a character review; (3) the use of computer and electronic devices for conducting bingo; (4) the conduct of bingo games and activities involved in manufacturing and distributing bingo equipment and supplies; (5) recordkeeping, reporting requirements, and acceptable admission and sales receipting systems; (6) requirements that commercial bingo licensees maintain adequate records documenting the purchase of bingo equipment and supplies from licensed manufacturers and distributors and that manufacturer's and distributor's licensees maintain adequate records documenting the sale of bingo equipment and supplies to commercial bingo licensees; and (7) standards for the manufacture, distribution, and control of bingo equipment and supplies that may include the uniform standards promulgated by the North American Gaming Regulators Association or its successor organization. (1985 Code, Art. 16, § 2-311) (Bill No. 96-91; Bill No. 9-05)
§ 11-2-204. Hearing by Office of Administrative Hearings.
A hearing that this subtitle specifies to be held by the Director may be held by the Office of Administrative Hearings at the request of the Director and with the approval of the Chief Administrative Officer.
§ 11-2-205. Findings and recommendations of the Amusement License Commission.
The Director shall obtain the findings and recommendations of the Amusement License Commission before approval of a change in ownership or control of a license, approval of an owner or managerial employee of a licensee, approval of a license renewal, and, with the exception of an emergency suspension, suspension or revocation of a license.
§ 11-2-206. General prohibitions – Commercial bingo.
(a) Loans. A commercial bingo licensee or its owners or managerial employees may not lend any person money for the purpose of allowing that person to play commercial bingo. (b) Competition. A commercial bingo licensee shall not act in concert with another licensee to limit or restrict competition. (c) Persons under 18. Except for an employee of the licensee, a person under 18 years old may not enter a commercial bingo establishment. (d) Alcoholic beverages. During a session, alcoholic beverages may not be served on the premises where the commercial bingo games are conducted. (e) Computer and electronic devices. A computer or electronic device may not be used for determining or generating the numbers and letters to be announced for the game in lieu of randomly selecting objects from the receptacle. A computer or electronic device may not be used in the direct operation of the bingo games without the prior approval of the Director. (1985 Code, Art. 16, § 2-321) (Bill No. 96-91)
§ 11-2-207. Commercial bingo licenses.
(a) Classes of licenses required. A Class NA license is required to operate a bingo game for up to 750 persons. A Class NB license is required to operate a bingo game for up to 1,000 persons. A Class NC license is required to operate a bingo game for up to 2,000 persons. (b) Number of licenses. The maximum number of commercial bingo licenses that may be issued each year is three. Licenses renewed under § 11-2-223 shall be counted against the total number of licenses that may be issued. If any of the three commercial bingo licenses are abandoned, surrendered, revoked, or not renewed, no new licenses may be issued to replace those licenses and the total number of licenses that thereafter may be issued shall be reduced to the number of the remaining licenses. Nothing in this subsection shall be construed to prohibit the transfer of ownership or control of a commercial bingo license under § 11-2-216. (c) Term. Commercial bingo licenses shall be issued for a calendar year. (d) Fees. The annual license fees are $3,000 for a Class NA license to operate a bingo game for up to 300 persons; $7,500 for a Class NA license to operate a bingo game for up to 750 persons; $10,000 for a Class NB license; and $12,500 for a Class NC license. (1985 Code, Art. 16, §§ 2-303, 2-304, 2-305) (Bill No. 96-91; Bill No. 4-00)
§ 11-2-208. Location of commercial bingo games; notices and signs.
(a) Location. Each license authorizes the operation of commercial bingo games in a structure at the single, specific location described on the license. The location of commercial bingo games may not be moved without the written approval of the Director. (b) Notice. A commercial bingo licensee shall post conspicuously on the premises where the commercial bingo games are conducted a notice that contains a copy of the bingo
license, a description of all prizes to be awarded and how the prizes may be won, the rules under which bingo is to be played, and all costs to play. (c) Sign for reporting complaints. The names, titles, and business telephone numbers of the following individuals shall be displayed prominently on a sign at the premises where the commercial bingo games are conducted, with an accompanying explanation that the following individuals may be contacted in the event of a complaint: the employee of the licensee with general managerial control over the commercial bingo games; the managerial employee designated under § 11-2-212; and the Chief of Licensing of the Department or other individual designated by the Director. (d) Sign regarding compulsive gambling. There shall be a sign at the premises where the commercial bingo games are conducted stating that compulsive gambling is a treatable disorder, with the toll-free telephone number of the compulsive gambling hotline or other telephone number designated by the Director. The licensee shall pay to the nonprofit organization operating the hotline an annual charge, not to exceed $500, requested by the organization to defray the costs of maintaining the service. (1985 Code, Art. 16, §§ 2-306, 2-318) (Bill No. 96-91)
§ 11-2-209. Instant bingo and progressive bingo by commercial bingo licensees.
(a) Instant bingo. A commercial bingo licensee may offer instant bingo as part of its commercial bingo games, but only during a session at which regular games are offered. (b) Progressive bingo. A commercial bingo licensee may offer a progressive bingo game. A progressive bingo game shall be played to a conclusion and a consolation prize shall be awarded if the advertised prize is not awarded. (1985 Code, Art. 16, § 2-316) (Bill No. 96-91; Bill No. 9-05)
§ 11-2-210. Insurance to be maintained by commercial bingo licensees.
Throughout the term of a license, a commercial bingo licensee shall maintain commercial general liability insurance, including coverage for bodily injury and property damage, with a minimum coverage for any one occurrence of $500,000. (1985 Code, Art. 16, § 2-320) (Bill No. 96-91)
§ 11-2-211. Ownership and control by commercial bingo licensees.
(a) Generally. A commercial bingo licensee shall be the actual owner and operator of the business conducting the commercial bingo games. This provision does not preclude a licensee from renting the premises where the bingo games are located. (b) Individual proprietorship. A commercial bingo license for an individual proprietorship shall be issued to the individual proprietor, who shall be at least 18 years old and a resident and taxpayer of the State for at least two years before issuance of the license. The individual proprietor shall reside in and be a taxpayer of the State during the term of the license. (c) Partnership. A commercial bingo license for a partnership shall be issued in the name of the partnership, and each of the general partners shall be at least 18 years old and a resident and taxpayer of the State for at least two years before issuance of the license. Each general partner shall reside in and be a taxpayer of the State during the term of the license.
(d) Corporation or other business entity. A commercial bingo license for a corporation or other business entity shall be issued in the name of the business entity. The entity shall remain in good standing during the term of the license. (1985 Code, Art. 16, § 2-308) (Bill No. 96-91; Bill No. 64-15)
§ 11-2-212. Standards to be met by commercial bingo owners and managerial employees.
(a) Requirements. A person may not become or continue as an owner or managerial employee of a commercial bingo licensee without the approval of the Director under the standards set forth in this section. At all times there shall be at least one owner or managerial employee on the premises and supervising the commercial bingo games being conducted. (b) Standards. No owner or managerial employee of a commercial bingo licensee may have: (1) ever been convicted, held liable, or found to have committed acts involving moral turpitude, including any violation of federal, state, or local law or regulation; (2) ever had a judgment entered in an action for fraud, deceit, or misrepresentation by any court of competent jurisdiction; (3) associations with individuals known to have engaged in organized crime or racketeering; (4) a financial relationship with any person known to have engaged in organized crime or racketeering; (5) had direct managerial or supervisory control over a gaming enterprise in which there was a pattern of cheating, fraud, or employee dishonesty; (6) violated the provisions of this article; or (7) engaged in any other conduct that the Director determines to be a threat to the integrity of commercial bingo or public confidence in the integrity of commercial bingo. (c) Access to records; fingerprinting and photographs. The Director and the Commission shall have access to both conviction and non-conviction criminal history record information in performing duties under this section. Each owner and managerial employee shall be fingerprinted and photographed at a facility of the Police Department, but the Director may make exceptions to the location of the fingerprinting and photographing if there are adequate safeguards for reliability of the information. Fingerprints and photographs may be submitted to the Maryland State Police and to the Federal Bureau of Investigation for further processing and identification. Any costs of processing charged by County, state, or federal agencies shall be borne by the licensee. (d) List maintained by licensee. The licensee shall maintain a current list of its employees who are involved in the commercial bingo operation, including cashiers and bookkeepers, but excluding employees whose duties include only custodial, maintenance, parking, or food service functions. The licensee shall indicate which of these employees the licensee considers to be managerial employees. On request by the Director, the licensee shall furnish this list, together with a description of each employee's duties, to the Director so that the Director may determine if the employee is a managerial employee as provided by this section. (1985 Code, Art. 16, § 2-311) (Bill No. 96-91; Bill No. 9-05)
§ 11-2-213. Disclosure of stock ownership by corporate commercial bingo licensees.
(a) Definitions. In this section, "owner of stock" means anyone who participates or has a vested right to participate in the capital payments, profits, or percentage of income from stock, or has a right under any set of circumstances to convert debt into an ownership interest in stock. (b) Stock ownership. A commercial bingo licensee shall maintain records of owners of stock of the licensee so that the names of all persons, including corporations, trusts, estates, and partnerships that are the beneficial owners of the stock, are disclosed regardless of the manner in which, or whether or not, the ownership interest is stated or registered on the stock of the licensee. A licensee shall include in its charter a prohibition against any person owning stock in the licensee unless the name of that person is listed as an owner in the corporate stock book and the person provides the affidavits required by this section. (c) Affidavits. A commercial bingo licensee shall obtain, at least once every calendar year, pursuant to written notice to the record owners of all stock of the licensee, an affidavit from each record owner of the stock of the licensee sworn to under the penalty of perjury, stating to the best of the affiant's knowledge, information, and belief: (1) if any person other than the affiant has any right of beneficial ownership of any kind in the stock held in the name of the affiant, or if the stock held in the name of the affiant is pledged, promised, or guaranteed as security to another person; (2) the name and address of the other person; and (3) the amount and nature of the ownership. The Director may limit the ownership that must be reported in an affidavit to 10% or more of the beneficial ownership of the licensee. The Director shall consider the number of stockholders and the burden to the licensee and if the licensee is a public corporation whose annual reports are publicly available. (d) Beneficial ownership in stock. If the commercial bingo licensee receives information indicating that a person other than the record owner has a beneficial ownership interest in stock of the licensee, the licensee shall request promptly by written notice to the other person that this person submit to the licensee within 60 days from the date of the notice an affidavit stating, to the best of the affiant's knowledge, information, and belief: (1) if the affiant has any right of ownership in stock of the licensee attributed to the affiant in the notice and the amount and nature of the ownership; (2) if any person other than the affiant and the record owner has any right of ownership of any kind in stock of the licensee attributed to the affiant by the notice of the affiant; and (3) the amount and nature of the ownership of any other person. (e) Change in stock ownership. Any change in the record ownership or beneficial ownership of stock of any commercial bingo licensee shall be reported promptly to the Director. On a failure of a licensee to maintain and report records of ownership of stock as required by this section or the failure of a licensee to make a reasonable effort to obtain the affidavits required by this section, the Director may suspend or revoke the license. (1985 Code, Art. 16, § 2-310) (Bill No. 96-91)
§ 11-2-214. Internal management controls required for commercial bingo licensees.
(a) Inspection and review. The Director, on reasonable notice to a commercial bingo licensee, may inspect and review the internal management controls employed by the licensee to
ensure that all gross receipts are properly documented, and the licensee shall provide to the Director all information necessary for this inspection and review. (b) Admission and sales receipting systems. A commercial bingo licensee shall employ a progressively numbered admission and sales receipting system that has been approved by the Director. (c) Requirement to employ additional or alternative internal management controls; sanction for failure to do so. If the Director determines that the internal management controls employed by a commercial bingo licensee are insufficient to ensure that all gross receipts are properly documented, the Director shall have the authority to require the licensee to employ additional or alternative internal management controls. If the licensee fails to adopt the additional or alternative internal management controls, the Director may suspend the license until the additional or alternative internal management controls are adopted. (1985 Code, Art. 16, § 2-317) (Bill No. 96-91)
§ 11-2-215. Annual report by commercial bingo licensee.
(a) Designation of fiscal year. A commercial bingo licensee shall specify its fiscal year in its initial license application and thereafter may change its fiscal year only with the approval of the Director, which shall not be withheld unreasonably. (b) Annual report. Within the time established by the Director through regulation, each commercial bingo licensee shall submit an annual report under oath in the format required by the Director, including: (1) a list of its officers, members of its board of directors, and other principals of the licensee, including the managerial employees; (2) the ownership records and affidavits required by § 11-2-213; (3) an annual financial statement prepared in accordance with generally accepted accounting principles reflecting the total amount of gross receipts and all payments, deductions, and computations for the period covered by the statement. The annual financial statement shall: (i) be audited and certified by an independent certified public accountant; (ii) include the method of calculation and a statement of the gross receipts subject to the admissions and amusement tax; (iii) give the identity of the lender or borrower and loan amount or amounts where the amount of any single loan to or from the licensee exceeded $10,000 or where the aggregate amount of loans from a single lender or to a single borrower exceeded $10,000 for the year; and (iv) include a certification by the independent certified public accountant that the internal controls employed by the licensee are adequate to ensure the accuracy of the licensee's tax returns, including the returns for the admissions and amusement tax. (1985 Code, Art. 16, § 2-319) (Bill No. 96-91)
§ 11-2-216. Transfer of ownership or control by commercial bingo licensee.
(a) Definition. In this section, "control" means actual working control in whatever manner exercised, including majority stock ownership. (b) Consent of Director required. A license may not be sold, transferred, leased, assigned, or disposed of by forced or voluntary sale, merger, consolidation, receivership, or any other means without the prior written consent of the Director, and then only under such conditions as the Director may establish. Every transfer of control by the licensee shall subject the license to revocation unless the Director consents in writing. (c) Notification; presumptions. A licensee shall promptly notify the Director in writing of any proposed transfer of control of the licensee. A presumption that a transfer of control has occurred arises on the transfer by any person of 10% or more of the beneficial interest of the licensee, whether the transfer takes place through single or multiple transactions. A presumption that a transfer of control has occurred also arises on the acquisition by any person of 10% or more of the beneficial ownership interest of the licensee, whether through single or multiple transactions. (d) Qualifications of proposed transferee. For the purpose of determining whether the Director should consent to transfer of control, the Director may inquire into the qualifications of the proposed transferee, and the licensee shall assist the Director in the inquiry. In seeking the Director's consent to any change in ownership or control, the proposed transferee shall demonstrate to the Director that the proposed transferee has the financial and technical capability to enable it to operate the commercial bingo games and will employ internal management and financial controls sufficient to discourage employee dishonesty and maintain the integrity of the bingo games. The proposed transferee shall provide to the Director the personal and financial information for owners and managerial employees of the proposed transferee required under § 11-2-212; disclosure of stock ownership by a corporate proposed transferee as required under § 11-2-213; a financial statement for the proposed transferee audited by an independent certified public accountant; a detailed description of the proposed sources and methods of financing the commercial bingo operation; the organizational structure of the proposed transferee and the internal management and financial controls proposed by the proposed transferee to discourage employee dishonesty and to maintain the integrity of the bingo games; and the information required by subsection (e).The Director may not consent to a change in ownership or control unless the owners and managerial employees of the proposed transferee meet the standards set forth in § 11-2-212 and have paid all taxes as required by § 11-2-103. (e) Information. In addition to other information required by this section, a proposed transferee shall disclose whether the proposed transferee, any owner, director, or officer of the proposed transferee, any employee or agent of the proposed transferee, or any person controlling the proposed transferee, any owner, director, or officer of the proposed transferee, or any employee or agent of the proposed transferee has: (1) ever been convicted or held liable for acts involving moral turpitude including any violation of federal, state, or local law or regulation, or is currently under an indictment, investigation, or complaint charging such acts; (2) ever had a judgment in an action for fraud, deceit, or misrepresentation entered against the proposed transferee by any court of competent jurisdiction; (3) any pending legal claim, lawsuit, or administrative proceeding arising out of or involving the operation of a gaming enterprise; or (4) ever had a license or permit to operate a gaming enterprise denied, suspended, or revoked.
(f) Costs and appeal to arbitration. On approval or disapproval of a change in ownership or control, the new licensee and any successor licensee shall be jointly and severally liable for the costs reasonably incurred by the County in reviewing the proposed change in ownership or control, including County personnel costs calculated in accordance with rates established by the County Controller. The licensee may appeal the calculation of these costs to arbitration under § 11-2-228. (1985 Code, Art. 16, §§ 2-307, 2-309) (Bill No. 96-91; Bill No. 4-00; Bill No. 9-05)
§ 11-2-217. Manufacturer's and distributor's licenses.
(a) Requirement. A commercial bingo licensee may not purchase or obtain bingo equipment or supplies except from a manufacturer or distributor licensed under this section. (b) Personal and financial background check. The Director shall conduct a personal and financial background check of the owners, officers, and directors of an applicant for a manufacturer's and distributor's license or renewal of a manufacturer's and distributor's license in the same manner as performed for the owners and managerial employees of a commercial bingo licensee under § 11-2-212, except that the financial and stock ownership information shall be required only if determined necessary by the Director. In lieu of the personal and financial background check, the Director may extend reciprocity to a similar license issued to an applicant by another state or political subdivision if the Director is satisfied that the licensing criteria of that state or political subdivision are comparable to those contained in this subtitle. (c) Term. The term of a manufacturer's and distributor's license is a calendar year. (d) Fee. The annual fee for a manufacturer's and distributor's license is $2,000. (1985 Code, Art. 16, § 2-314) (Bill No. 96-91)
§ 11-2-218. Linked bingo game provider license.
(a) Requirements. A linked bingo game may be conducted only by a licensed linked bingo game provider, and the provider may conduct linked bingo games only at locations in the County at which commercial bingo is authorized. A linked bingo game provider may offer not more than one linked bingo game per session and shall provide documentary evidence to ensure that each prize winner is paid within 48 hours. (b) Standards. No linked bingo game provider may have: (1) ever been convicted, held liable, or found to have committed acts involving moral turpitude, including any violation of federal, state, or local law or regulation; (2) ever had a judgment entered in an action for fraud, deceit, or misrepresentation by any court of competent jurisdiction; (3) associations with individuals known to have engaged in organized crime or racketeering; (4) a financial relationship with any person known to have engaged in organized crime or racketeering; (5) had direct managerial or supervisory control over a gaming enterprise in which there was a pattern of cheating, fraud, or employee dishonesty; (6) violated the provisions of this article; or (7) engaged in any other conduct that the Director determines to have threatened the integrity of bingo or public confidence in the integrity of bingo.
(c) Term. The term of a provider's license is a calendar year. (d) Fee. The annual fee is for the license is $3,000. (e) Bond or other security. A linked bingo game provider shall provide a bond or other security acceptable to the Director in the amount of $250,000 to guarantee prize payment. (Bill No. 9-05)
§ 11-2-219. Prizes and awards – Commercial bingo and linked bingo.
(a) Generally. A commercial bingo licensee may issue merchandise, coins, currency, tokens, or tickets redeemable in cash or merchandise, or other things of value as a prize or award to the players. The value of a prize or award other than cash shall be determined by its fair market value. (b) Value. A prize or award having an aggregate value in excess of $1,200 may not be awarded to the winner or winners of a single game, except that: (1) each session a licensee may offer one or more games with an aggregate prize limit of $300,000; (2) a licensee may offer a progressive game or games with an aggregate prize limit of $100,000 and may exceed that limit only with prior written approval by the Director; and (3) a linked bingo game provider may offer a linked bingo game with a prize equal to the sum of the maximum aggregate prize permitted for each participating licensee. (1985 Code, Art. 16, §2-315) (Bill No. 96-91; Bill No. 10-02; Bill No. 9-05; Bill No. 12-07)
§ 11-2-220. Audits – Commercial bingo and linked bingo.
(a) Generally. On 10 days' written notice, the Director may conduct an audit of the licensee's records for the year for which the annual financial statement has been provided. The audit shall be performed in accordance with generally accepted auditing standards. If the audit discloses that the licensee underpaid the admissions and amusement tax by 5% or more, the licensee shall assume all reasonable costs of the audit. The Director may perform no more than one audit on each licensee during a fiscal year, unless the most recent audit disclosed that the licensee underpaid the admissions and amusement tax by 5% or more. The records subject to audit shall include the returns and records filed and maintained by the licensee under the Tax-General Article, Title 4, Subtitle 2, of the State Code. (b) Appeal to arbitration. A licensee has the right to appeal the results of an audit performed by the Director to arbitration under § 11-2-228. (1985 Code, Art. 16, § 2-319) (Bill No. 96-91)
§ 11-2-221. Financial reports and audits – All license holders.
(a) Quarterly financial statements. Each license holder shall file with the Director quarterly financial statements in the same form and including the same information as the annual financial statement, except that the quarterly financial statements need not be audited and certified by an independent certified public accountant. (b) Records. A license holder shall keep complete and accurate financial records in the form and with the information that the Director and the Comptroller of the State require. These records shall be made available for inspection and examination by the Director at any time
during normal County business hours. The records available for examination and inspection by the Director shall include copies of the admissions and amusement tax returns filed by the licensee. (1985 Code, Art. 16, § 2-319) (Bill No. 96-91; Bill No. 9-05)
§ 11-2-222. Service of notices and orders – All license holders.
(a) To Director or designee. All reports, notices, correspondence, and other documents to be filed with the County or the Director under this subtitle shall be sent to the Director. On written notice by the Director to each license holder, these reports, notices, correspondence, and other documents shall be sent to the Chief of Licensing or other designee of the Director. (b) Duty of license holder to keep name and address of person to receive notices current. Each license holder shall specify in its application for the issuance or renewal of a license the name and mailing address of an individual residing in the County who shall receive all formal notices and correspondence from the County or the Director under this subtitle. Before any change in the name or address of this individual becomes effective, the license holder shall notify the Director in writing of the change. (c) Service of suspension or revocation. A written order suspending or revoking a license shall be sent by certified mail to the individual designated in subsection (b) and shall be considered served as of the date of delivery to the address given. (1985 Code, Art. 16, § 2-324) (Bill No. 96-91; Bill No. 23-04; Bill No. 9-05)
§ 11-2-223. Renewal of licenses – All license holders.
(a) Generally. A license holder may apply for a license renewal within the time period and under the regulations adopted by the Director. A change requested by a commercial bingo licensee in the classification of the license does not affect the right to apply for a license renewal. (b) Denial. The Director may deny an application for a license renewal on the grounds set forth in this subtitle for the approval of a change in ownership or working control of a license or licensee, or on any of the following grounds: (1) a pattern of customer complaints, including complaints concerning the manner in which the commercial bingo games were conducted during the license period; (2) a violation of this subtitle, violation of the rules and regulations enacted under this subtitle, or violation of any other applicable federal, state or local law or regulation during the license period; (3) failure of a commercial bingo licensee to maintain an active commercial bingo operation during the license period, including a failure to offer bingo games on a regularly scheduled basis; (4) an adverse impact of a commercial bingo licensee's operation on the neighborhood, including traffic, noise, and public safety; (5) a failure to employ required internal management and financial controls sufficient to discourage employee dishonesty and maintain the integrity of the bingo games; or (6) a failure to have paid all taxes as required by § 11-2-103. (1985 Code, Art. 16, § 2-312) (Bill No. 96-91; Bill No. 4-00)
§ 11-2-224. Suspension or revocation of licenses – All license holders.
(a) Grounds for and length of suspension or revocation. The Director may suspend or revoke all licenses issued under this subtitle on the basis of a violation by a license holder or an owner or managerial employee of a license holder of any provision of this title or of a regulation adopted under the authority of this subtitle, or of any provision of other federal, state, or County law where the violation arises from the activities licensed under this subtitle. Except for an emergency suspension or a suspension under § 11-1-103(d), the suspension of a license may not exceed 30 days. (b) Notice and hearing. Except for an emergency suspension or a suspension under § 11-1-103(d), the Director may not suspend or revoke a license without notice and an opportunity for a public hearing. The notice of the proposed suspension or revocation shall specify the reasons for the proposed suspension or revocation, and the public hearing may not be scheduled earlier than 15 days after service of the notice. (c) Order. Within 15 days after the conclusion or waiver of the hearing, the Commission shall submit its written findings and recommendations to the Director. If suspension or revocation is warranted, the Director shall issue a written order to suspend or revoke the license specifying the reasons for the action. The order shall become effective on service. (d) Stay. A license holder whose license has been suspended or revoked may request the Director to stay the suspension or revocation pending an appeal to the Board of Appeals. In determining whether to grant a stay of a suspension or revocation, the Director shall consider the nature of the violation, the likelihood of a successful appeal, and the hardship on the license holder. (e) Emergency suspensions. The Director may order an emergency suspension of a license prior to a hearing if the Director determines that emergency suspension is necessary to protect the integrity of the commercial bingo games. An emergency suspension may not exceed 15 days. The written order implementing an emergency suspension shall become effective on service, shall specify the reasons for the emergency suspension, and shall notify the license holder of the date and time of the hearing at which permanent action will be considered. (f) Admissions and amusement tax disputes. If suspension or revocation is based on a failure to file an admissions and amusement tax return or to make an admissions and amusement tax payment when due as required by the Tax-General Article, Title 4, of the State Code, and a dispute exists between the licensee or linked bingo game provider and the Comptroller of the State over the amount of tax to be paid, the Director may require that the licensee or linked bingo game provider pay into an escrow account maintained by the Director an amount equal to the tax estimated by the Comptroller to be due pending final adjudication of the dispute. (1985 Code, Art. 16, § 2-325) (Bill No. 96-91; Bill No. 9-05)
§ 11-2-225. Confidentiality of information.
(a) Generally. The information gathered as a result of the personal and financial background check on an owner and managerial employee, annual and quarterly financial statements, and the financial statements of applicants shall be maintained in confidence by both the Department and the Commission and shall not be available for public inspection. Confidential information shall not be included in the minutes of the Commission. Before their
appointment, members of the Commission shall acknowledge in writing that they are bound to preserve the confidentiality of confidential information. (b) Use. The provisions of this section may not be construed to prohibit the Director or the Commission from using the information for the purposes intended in this subtitle or to prosecute or defend an administrative or judicial proceeding. The information shall be available to the Police Department or other law enforcement agency, which shall preserve its confidentiality in accordance with federal and state laws governing access to public records and criminal history record information. (1985 Code, Art. 16, § 2-326) (Bill No. 96-91)
§ 11-2-226. Retention of records.
All reports, documents, and other records required by this subtitle shall be retained for a period of five years after their preparation. (1985 Code, Art. 16, § 2-327) (Bill No. 96-91)
§ 11-2-227. Reportable events.
A license holder shall report immediately to the Director the arrest, indictment, or conviction of an owner or managerial employee for an act involving moral turpitude, including any violation of federal, state, or local law or regulation; the initiation of any legal claim, lawsuit, criminal investigation, or administrative proceeding arising out of or involving the operation of a gaming enterprise by a license holder or an owner or managerial employee of a license holder; and the appointment of a receiver or the initiation of proceedings in bankruptcy against a license holder or an owner of a license holder. (1985 Code, Art. 16, § 2-328) (Bill No. 96-91; Bill No. 9-05)
§ 11-2-228. Arbitration.
(a) Generally. Matters that are arbitrable under this subtitle shall be arbitrated in accordance with the following provisions. (b) Arbitration panel. The arbitration panel shall consist of three members. The first arbitrator shall be selected by the Director, and the second arbitrator shall be selected by the licensee within 10 days of notice of the Director's selection. The third arbitrator shall be a certified public accountant and shall be chosen by the first two arbitrators. If the first two arbitrators fail to agree as to the third arbitrator, either or both shall apply to the American Arbitration Association or its successor organization to name the third arbitrator. Except when the majority of the panel agrees to the contrary, the third arbitrator shall be the presiding officer. (c) Expenses. Each party shall bear the expenses of its own representation before the arbitration panel. The expenses of the arbitration shall be borne as determined by the arbitration panel in its decision or finding. (d) Decision. In the absence of fraud or collusion, the determination of the majority of the arbitration panel shall be binding on the parties without recourse to the Board of Appeals or the courts. (e) Regulations. The Director may adopt regulations implementing the provisions of this subsection that include rules of procedure governing the arbitration.
A Class D license is required for a carnival or similar event. (1985 Code, Art. 16, § 2-401)
§ 11-2-302. Fee.
In this section, "concession" means a ride, game, show, or event. The fee for a Class D license is:
Number of Concessions Fee per Week 1 – 10 $100 11 – 20 $200 21 – 40 $300 more than 40 $400
(1985 Code, Art. 16, § 2-403)
§ 11-2-303. Insurance.
A licensee shall maintain commercial general liability insurance that provides coverage for bodily injury and property damage, with a minimum coverage for any one occurrence of $100,000 for one person and $300,000 for two or more persons. (1985 Code, Art. 16, § 2-404)
§ 11-2-304. Investigation.
A copy of the application of a Class D license shall be forwarded to the Chief of Police or the designee of the Chief of Police. Within 30 days after the date of the application, the Chief of Police or the designee of the Chief of Police shall inform the Director of the date and nature of any criminal conviction of any of the individuals named in the application. The Director shall consider the information in making a determination as to the advisability of issuing the license. (1985 Code, Art. 16, § 2-405)
§ 11-2-305. Contents of license.
Each Class D license shall show the number of days and the beginning and ending dates during which the licensee may operate. (1985 Code, Art. 16, § 2-406)
(a) Number; days and hours of operation. A licensee may not obtain more than two Class D licenses in one calendar year or operate the activities permitted by a Class D license for a total of more than 12 days in one calendar year. A person may not operate a carnival or similar event after 12:00 midnight; after 2:00 a.m. on the last night of operation, except if the last night of operation is a Sunday; or before 1:00 p.m. or after 10:00 p.m. on Sunday. (b) Felony conviction. A person who has been convicted of a felony may not operate a game, device, or concession authorized by a Class D license. (1985 Code, Art. 16, §§ 2-408, 2-410) (Bill No. 30-92; Bill No. 23-04)
§ 11-2-307. Display of license.
The licensee shall prominently display a copy of the Class D license and the name of the operator in the main office at the location of the event. (1985 Code, Art. 16, § 2-409)
SUBTITLE 4. CIRCUSES (CLASS A)
§ 11-2-401. License.
(a) Requirement. A Class A license is required for a circus. (b) Fee. The fee for a Class A license is $250 a day, up to a maximum of $1,000 per engagement. (c) Scope of license. A Class A license authorizes the licensee to present performances of or by persons and animals. A Class A license does not authorize the operation of gaming or amusement devices. (d) Insurance. Throughout the term of a license, a licensee shall maintain commercial general liability insurance, including coverage for bodily injury and property damage, with a minimum coverage for any one occurrence of $500,000. (1985 Code, Art. 16, §§ 2-501, 2-502, 2-503, 2-504) (Bill No. 46-92; Bill No. 24-96)
SUBTITLE 5. COIN-OPERATED AMUSEMENT DEVICES (CLASSES E, I, AND FA)
In this title "coin-operated amusement device" means a pinball machine with or without flippers, a claw or digger machine, an electronic game, a video game, a console device or any similar device that is activated for play by the insertion of a coin, by remote control, or by other manual, mechanical, or electrical means, but the term does not include kiddie rides, such as devices with figures mounted on a coin-operated mechanism that when in operation move in a rocking or rolling motion simulating a ride. (1985 Code, Art. 16, § 2-601)
(a) Three classes. There are three classes of licenses for coin-operated amusement devices. (b) Class E. Except as provided in subsection (d), a Class E license is required for the operation of each coin-operated amusement device. A Class E license may be issued only to a holder of a Class I license. (c) Class I. A Class I license is required for the distribution, placing in operation, rental, or lease of a coin-operated amusement device. (d) Class FA. A Class FA license is required for a single location or single room of a building in which are located nine or more coin-operated amusement devices. The issuance of a Class FA license eliminates the requirement for a Class E license on each coin-operated amusement device. (1985 Code, Art. 16, § 2-602)
§ 11-2-503. General prohibitions.
(a) Location. A person may not place a coin-operated amusement device in a location that on or before May 7, 1962, did not contain the devices if the location is within 1,000 feet of a religious facility or school. (b) Prizes and awards. A person may not pay any prize or award other than one or more replays to a player of any coin-operated amusement device. (1985 Code, Art. 16, § 2-603)
§ 11-2-504. Class E license.
(a) Term. A Class E license shall be issued for the year beginning July 1 of each year and ending June 30 of the next succeeding year. (b) Fees. The annual fee for a Class E license is $100. The licensee shall pay a late fee of $25 per day for a failure to renew the license prior to its expiration. (c) Display. Each Class E license shall be securely fastened and prominently displayed on the amusement device for which it was issued. (d) Transfer. A Class E license may not be transferred to another owner, location, or place of business. (e) Failure to display license. If a coin-operated amusement device is in operation and a Class E license for the device is not displayed in accordance with subsection (c), the authorized agents of the County shall request the proprietor of the premises where the device is found, or the person exercising management responsibility for the premises if the proprietor is not present, to produce the license for the device. (f) Failure to provide satisfactory proof of licensing. If satisfactory proof of licensing has not been provided to the Director within 24 hours, the proprietor or the person exercising management responsibility for the premises shall be notified to immediately render the unlicensed amusement device inoperable until a license is obtained for the device and obtain the license within five working days of the date of notice. (g) Confiscation of device. The County may confiscate an unlicensed amusement device if: (1) the device is not rendered inoperable as provided in this section;
(2) the device is placed back in operation after having been rendered inoperable but before the issuance of a license for the device; or (3) a license is not obtained for the device within five working days after notification and the device has not been removed from the premises. (h) Redemption of devices after confiscation. Whenever a coin-operated amusement device is confiscated in accordance with subsection (g), the device may be redeemed by its owner on payment of a recovery charge of $250. If a device is not redeemed within 180 days after the date of confiscation, it shall be considered abandoned. A device that has been redeemed in accordance with this section may not be placed into operation until a Class E license has been obtained for the device. (i) Suspension; revocation. In addition to penalties that may be imposed on the first conviction of a proprietor or the proprietor's agent or employee of a business where coin-operated amusement devices are kept, the Director may suspend for up to three months all Class E licenses issued for the amusement devices on the premises of the proprietor. On a second conviction, the Director shall revoke the Class E licenses. (1985 Code, Art. 16, §§ 2-609, 2-610, 2-611, 2-612, 2-613, 2-614) (Bill No. 46-92)
§ 11-2-505. Class I license.
(a) Term. A Class I license shall be issued for the year beginning July 1 of each year and ending June 30 of the next succeeding year. (b) Fees. The annual fee for a Class I license is $2,000. The licensee shall pay a late fee of $50 per day for a failure to renew the license prior to its expiration. (c) Issuance or denial. A Class I license shall be issued if the applicant has paid all taxes as required by § 11-2-103 and is otherwise in compliance with all provisions of this title and Title 1 of this Article. (d) Records. Each holder of a Class I distributor's license or the resident agent of the license holder shall keep and maintain in the County complete and accurate records of the kind of amusement devices licensed for operation. The records shall be available for inspection by the Director at reasonable times and on request. (e) Suspension; revocation. In addition to penalties that may be imposed on the first conviction of the holder of a Class I license or the agent or employee of the holder of a Class I license, the Director may suspend the license for three months. On a second conviction, the Director shall revoke the license. (f) Obtaining Class E license. A Class I licensee may not apply for a Class E license for a coin- operated amusement device that the licensee does not own or have under the licensee's exclusive control. (1985 Code, Art. 16, §§ 2-618, 2-619, 2-620, 2-621, 2-622) (Bill No. 23-04)
§ 11-2-506. Class FA license.
(a) Term. A Class FA license shall be issued for the year beginning July 1 of each year and ending June 30 of the next succeeding year. (b) Fees. The fee for a Class FA license is $5,000. The licensee shall pay a late fee of $100 per day for a failure to renew the license prior to its expiration.
(c) Public hearing. A public hearing conducted by the Director or the Director's designee shall be held on an initial application for an FA license no sooner than 30 days after the application is received by the Department. The applicant shall attend the hearing. (d) Advertisement of public hearing. The hearing shall be advertised for two successive weeks. The advertisement shall contain the date, time, and place of the public hearing, the names and addresses of the persons having a financial interest in the ownership of the business, and a description of the premises where the license is to be located. (e) Issuance or denial. A Class FA license shall be issued if the applicant has paid all taxes as required by § 11-2-103 and is otherwise in compliance with all provisions of this title and Title 1 of this Article. (1985 Code, Art. 16, §§ 2-626, 2-627)
SUBTITLE 6. DRAG RACES (CLASS X)
§ 11-2-601. Class X license.
(a) License required. A Class X license is required to hold a drag race. (b) Fee. The annual fee for a Class X license is $4,500. (c) Insurance. A licensee shall maintain commercial general liability insurance that provides coverage for bodily injury and property damage, with a minimum coverage of $300,000 for one person and $500,000 for two or more persons. (d) Issuance or denial and revocation. A Class X license shall be issued if the applicant has paid all taxes as required by § 11-2-103 and is otherwise in compliance with all provisions of this title and Title 1 of this Article. Three or more violations of the provisions of this Code may be cause for revocation of the license. (e) Scope of activity authorized by license. A Class X license authorizes the licensee to hold drag races at the place designated in the license for three days in each week for a calendar year. A Class X license does not authorize gambling or betting on a race. Racing under a Class X license is prohibited from 10:00 p.m. Sunday to noon on Friday and after 11:00 p.m. on Friday and Saturday, with racing permitted Monday through Thursday only on federal holidays from 12:00 p.m. to 11:00 p.m., and top fuel drag racing, including jet-powered or nitromethane-fueled drag racing, is prohibited after 9:00 p.m. on all racing days. (1985 Code, Art. 16, §§ 2-701, 2-703, 2-704, 2-706) (Bill No. 46-92; Bill No. 70-13)
SUBTITLE 7. FUND-RAISING EVENTS (CLASSES S AND T)
§ 11-2-701. Definitions.
In this subtitle the following terms have the meanings indicated. (1) "Eligible organization" means a volunteer fire company or bona fide fraternal, civic, war veterans', religious, amateur athletic, or charitable organization or corporation. (2) "Regular place of meeting" means premises owned, rented, or leased for the eligible organization's regular use or occupancy. (1985 Code, Art. 16, § 2-801) (Bill No. 67-95)
(a) Two classes. There are two classes of license for fund-raising events. (b) Class S license. A Class S license is required for an eligible organization to operate bingo games, paddle wheels, big-six wheels, and wheels of fortune in its regular place of meeting. (c) Class T license. A Class T license is required for an eligible organization to operate bingo games, paddle wheels, big-six wheels, and wheels of fortune at a carnival, benefit, or similar event. (1985 Code, Art. 16, § 2-802) (Bill No. 67-95)
§ 11-2-703. Display.
The licensee shall prominently display Class S and T licenses at the place of and during the time of the operation of the licensed devices. (1985 Code, Art. 16, § 2-804) (Bill No. 67-95)
§ 11-2-704. Limitations on issuance.
(a) Funds to benefit eligible organization. The Director may not authorize the issuance of a Class S or T license unless it is established that all of the funds to be derived from the licensed event or devices benefit the eligible organization or its charitable purposes, and no individual may derive personal financial benefit or use from the proceeds of the event. (b) In accordance with application and only by member of eligible organization. A Class S or T license may not be issued for the operation of devices at a carnival, benefit, or event not operated for the purposes stated in the application, or for the operation of devices or games by any person other than a member of the eligible organization who meets the requirements of this subtitle as set forth in § 11-2-710. (1985 Code, Art. 16, § 2-805) (Bill No. 67-95)
§ 11-2-705. Term; renewal.
(a) Term. A Class S license may not be issued for a period of more than one year. All licenses shall expire on April 30 following the date of issue. (b) Renewal. A Class S or T license may not be renewed. A new application shall be submitted for each new license. (1985 Code, Art. 16, § 2-806) (Bill No. 67-95)
§ 11-2-706. Class S license.
A Class S license authorizes the licensee to operate bingo games in its regular place of meeting and not more than five paddle wheels, wheels of fortune, or big-six wheels. Devices or games operated under a Class S license shall be owned by the licensee and the proceeds from the operation of the devices or games shall be applied to the purposes for which the license was granted. (1985 Code, Art. 16, § 2-807) (Bill No. 67-95)
A Class T license authorizes the licensee to operate any device or combination of devices authorized by a Class S license at a carnival, benefit, or other event operated by the licensee for the number of days authorized by the Department. Each Class T license shall show the number of days and the beginning date and ending date during which it is lawful to operate under the license. (1985 Code, Art. 16, § 2-808) (Bill No. 67-95)
§ 11-2-708. Prizes for Class S and T licenses.
The holder of a Class S or Class T license may not award a prize of greater than $50 for any spin of a wheel device. (1985 Code, Art. 16, § 2-809) (Bill No. 67-95)
§ 11-2-709. Fees.
The fee for a Class S license is $50. The fee for a Class T license is $20 for each day of operation, up to a maximum of $50 per event. (1985 Code, Art. 16, § 2-811) (Bill No. 67-95)
§ 11-2-710. Reporting.
Within 60 days after the expiration of a Class S or Class T license, each licensee shall submit a report under oath to the Director that includes an accounting of all funds received and a listing of the names, addresses, ages, and date of membership of all individuals who managed or operated any gaming device or game at the event. The report shall include a statement that each individual operating a gaming device during the event obtained membership in the eligible organization in accordance with the organization's charter and bylaws and has been a member of the eligible organization for 12 months prior to the event. (1985 Code, Art. 16, § 2-812) (Bill No. 46-92; Bill No. 67-95)
SUBTITLE 8. WHEELS OF FORTUNE (CLASS U)
§ 11-2-801. Class U license.
(a) License required. A Class U license is required to operate wheels of fortune or similar devices at a bull roast or similar type of outing by a nonprofit organization. (b) Fee. The fee for a Class U license is $50 a day. (c) Investigation; issuance. The Director may not authorize the issuance of a Class U license if it is found on investigation that the proposed operation of the devices at the premises would create a nuisance or be detrimental to the peace and welfare of the community or the applicant is not a nonprofit organization. (d) Limitations on issuance. A license may not be issued to the same organization for more than one day in each month.
(e) Scope. A Class U license authorizes the licensee to operate not more than five paddle wheels, wheels of fortune, or big six wheels for one day at a bull roast or similar type of outing. (f) Contents. Each license shall show the day on which the licensed devices are authorized. (g) Prizes. A Class U licensee may issue an award or prize or a thing of value not exceeding $50 in value for a score achieved on any wheel devices for which the license was issued. (1985 Code, Art. 16, §§ 2-1001, 2-1002, 2-1003, 2-1004, 2-1005, 2-1006, 2-1007)
TITLE 3. AUCTIONEERS
Section 11-3-101. Generally.
§ 11-3-101. Auctioneers.
(a) Definition. In this title "auctioneer" means a person who receives compensation for conducting an auction sale. (b) License required. An auctioneer may not conduct an auction sale in the County without an auctioneer's license. (c) Display. An auctioneer shall display the license during any auction sale conducted in the County. The auctioneer also shall display the license number in a prominent place in all advertisements. (d) Fees. The fee for an auctioneer's license is $250. The licensee shall pay a late fee of $50 for a failure to renew the license prior to its expiration. (e) Expiration. Each auctioneer's license expires on June 1 of each year. (1985 Code, Art. 16, §§ 3-101, 3-102, 3-103, 3-104) (Bill No. 46-92; Bill No. 10-94)
State Code reference – Local Government Article, § 10-202.
TITLE 4. CONSTRUCTION TRADE LICENSES
Section Subtitle 1. General Provisions
11-4-101. Scope. 11-4-102. Licenses required. 11-4-103. Term; renewal. 11-4-104. Display of license; sign. 11-4-105. Change of business location. 11-4-106. Compliance with all laws and regulations. 11-4-107. Suspension; revocation.
11-4-201. General provisions. 11-4-202. Board of Electrical Examiners. 11-4-203. Gas Commission. 11-4-204. Board of Environmental Systems Examiners. 11-4-205. Plumbing Commission.
This title applies to electrical, gasfitting, mechanical, and plumbing licenses.
§ 11-4-102. Licenses required.
(a) Electrical. A person may not engage in or pursue the work, trade, or business of installing, erecting, repairing, or providing maintenance service for electrical conductors, appliances, or devices that utilize electric current for their operation or for the production of light, heat, or power without an electrician's license issued by the Department. (b) Gasfitting. A person may not work as a journeyman gasfitter, master gasfitter, restricted gasfitter, or restricted journeyman gasfitter without a license issued by the Department. (c) Mechanical. (1) Except as provided in subsections (c)(2) and (c)(3), a person may not engage in the pursuit of the mechanical trade or business without a license issued by the Department. (2) A person possessing a master electrician's license issued by the Department is not required to be licensed to install, service, repair, or replace individually-controlled electric resistance heat. (3) A license is not required for a person employed by a public utility or by the United States Government while the person is performing work on installations or systems on or within buildings or structures owned or occupied by the employer; for the installation, maintenance, repair, or replacement of refrigeration, air conditioning, or heating equipment in or on motor vehicles or railroad rolling stock; or for the installation, maintenance, repair, or replacement of self-contained heating, cooling, refrigerating, ventilating, or other appliances requiring 115 volts or less of electrical current. (d) Plumbing. A person may not engage in the business or work of plumbing, including constructing, altering, repairing, modifying, or installing sewage disposal systems in the County, as a master plumber, journeyman plumber, utility contractor, or disposal system contractor in the County, or do any plumbing work in the County, without a license issued by the Department. (1985 Code, Art. 16, §§ 6-301, 7-301, 11-301, 14-301) (Bill No. 23-04)
State Code reference – Business Occupations and Professions Article, Titles 6 and 12.
§ 11-4-103. Term; renewal.
(a) Term. A license issued under this title is valid for a term of one year from the month of issuance. (b) Renewal before expiration. A license is renewable if an application for renewal is filed on or before the expiration date, the required renewal fee is paid, and the applicant complies with the provisions of this title. An electrician's license is renewable without examination if the application for renewal is filed on or before the expiration date. (c) Renewal after expiration. The Director may renew a license that has not been renewed before the expiration date if an application for renewal is filed within 30 days after the expiration date, the applicant pays the renewal fee and a late fee of $25, and the applicant complies with the provisions of this title. Otherwise, a license that has not been renewed on or
before the expiration date may not be renewed unless the applicant complies with the requirements for an original license. (1985 Code, Art. 16, §§ 6-314, 7-312, 11-313, 14-313) (Bill No. 46-92)
§ 11-4-104. Display of license; sign.
(a) Possession. A licensee shall carry the license while engaged in work and exhibit the license upon request. (b) At place of business. A licensee shall display the license conspicuously in the office or place of business of the licensee. (c) Motor vehicle. A licensee shall display a sign conspicuously on the licensee's motor vehicle when the licensee is actually pursuing the licensee's trade. The sign shall contain the name of the licensee as it appears on the face of the license and the licensee's telephone number. (1985 Code, Art. 16, §§ 6-313, 7-310, 11-312, 14-312) (Bill No. 75-91)
§ 11-4-105. Change of business location.
A licensee shall notify the Department promptly of a change in the location of the principal place of business and shall remove advertising signs from the premises vacated. (1985 Code, Art. 16, § 7-311)
§ 11-4-106. Compliance with all laws and regulations.
All work performed by licensees shall comply with all applicable federal, state, and County law, regulations, the Design Manual, and the County's Standard Specifications and Details for Construction.
§ 11-4-107. Suspension; revocation.
(a) Grounds. The Director may suspend or revoke a license for: (1) performing or permitting the performance of defective or dangerous work; (2) permitting an unlicensed person to utilize the license to secure a permit from the Department; (3) securing a permit for the use of an unlicensed person whose work is not done under the licensee's supervision; (4) failing to correct a violation within 30 days after having been notified of the violation by the Department; and (5) a violation of the provisions of this article. (b) Hearing. Except for a suspension under § 11-1-103, a license may be suspended or revoked only after a hearing before the Director and the applicable Board or Commission. At least 14 days before the hearing, the Director shall notify the licensee by certified mail of the nature, time, and place of the alleged violation, the date, hour, and place of the hearing, and possible penalties. If the Director revokes or suspends the license, the licensee shall surrender the license immediately. When justified by the circumstances, the Director may issue a written warning to the licensee or may allow the licensee to rectify the violation within a specified time.
(c) Advice of Board or Commission. In all matters of suspension and revocation, the Director shall seek the advice and guidance of the applicable Board or Commission but is not bound by that advice. (1985 Code, Art. 16, §§ 6-315, 7-314, 11-315, 14-314)
Charter reference – §§ 601 et seq.
SUBTITLE 2. BOARDS AND COMMISSIONS
§ 11-4-201. General provisions.
(a) Scope. This section applies to the Board of Electrical Examiners, the Gas Commission, the Board of Environmental Systems Examiners, and the Plumbing Commission. (b) Terms. The terms of the members run concurrently with the term of the County Executive or until the successors of the members are duly appointed. (c) Vacancy. Whenever a vacancy occurs during the term of a member, the County Executive shall appoint a qualified successor to complete the unexpired balance of the term. (d) Officers. The Board or Commission shall elect from its membership a Chair and a Vice Chair. It shall be the Chair's duty to preside over the meetings. (e) Meetings. The Board or Commission shall meet at the request of the Director. The Chair also shall schedule meetings on the request of four members of the Board. (f) Notice. Unless all members waive notice, each member is entitled to at least five days' written notice of a meeting. (g) Quorum. Four members shall constitute a quorum. Business shall be conducted by majority vote. (h) Reimbursement of expenses. Members are not entitled to compensation for their services, but are entitled to reimbursement for reasonable and necessary expenses as provided in the budget. (i) Rules of procedure. The Board or Commission may adopt rules of procedure and bylaws for the orderly conduct of business. (j) Duties. The Board or Commission shall advise the Director on the issuance of licenses; hear complaints relating to violations of this title and advise the Director of its findings and recommendations; advise and assist in the adoption of rules and regulations; and generally advise and assist the Director with respect to the provisions of this title. In addition, the Board of Electrical Examiners shall ascertain by appropriate written examination the qualifications and capabilities of persons who are or who desire to be engaged in the electrical trade. (1985 Code, Art. 16, §§ 6-202, 6-203, 6-204, 7-202, 7-203, 7-204, 11-202, 11-203, 11-204, 14-202, 14-203, 14-204) (Bill No. 57-89; Bill No. 61-91; Bill No. 75-91; Bill No. 23-04)
§ 11-4-202. Board of Electrical Examiners.
(a) Established. There is a Board of Electrical Examiners. (b) Membership. The Board consists of seven members appointed by the County Executive who shall be residents of the County or actively engaged in business in the County. Of the seven members:
(1) four shall hold a master general electrician's license and, of these four, one shall be actively engaged in line construction and high-voltage cable and switch gear installation and two shall be actively engaged in general electrical construction; (2) one shall be a professional electrical engineer; (3) one shall be a representative of a public service corporation enfranchised to distribute electrical power in the County; and (4) one shall be appointed from the public at large. (1985 Code, Art. 16, §§ 6-201, 6-202)
§ 11-4-203. Gas Commission.
(a) Established. There is a Gas Commission. (b) Membership. The Commission consists of 11 members appointed by the County Executive. Of the 11 members: (1) eight shall be the same persons appointed to the Plumbing Commission; (2) one shall be a master gasfitter who is a resident of the County and engaged in full-time practice of the profession in the County; (3) one shall be a representative of a public service corporation enfranchised to distribute gas in the County; and (4) one shall be a representative of the suppliers of liquefied petroleum gases. (1985 Code, Art. 16, §§ 7-201, 7-202)
§ 11-4-204. Board of Environmental Systems Examiners.
(a) Established. There is a Board of Environmental Systems Examiners. (b) Membership. The Board consists of seven members appointed by the County Executive who shall be residents of the County or actively engaged in business in the County. Of the seven members: (1) at least two shall hold a master heating, cooling, and refrigeration license; (2) at least one shall hold a master restricted mechanical license; (3) at least one shall hold a master electrician's license; (4) at least one shall hold a master plumber's license; and (5) one shall be appointed from the public at large. (1985 Code, Art. 16, §§ 11-201, 11-202) (Bill No. 57-89; Bill No. 61-91)
§ 11-4-205. Plumbing Commission.
(a) Established. There is a Plumbing Commission. (b) Membership. The Plumbing Commission consists of eight members appointed by the County Executive. Of the eight members: (1) one shall be an employee of the Department of Public Works; (2) one shall be designated by the Health Officer; (3) four shall be master plumbers who are residents of the County and engaged in the full-time practice of the profession in the County; (4) one shall be a utility contractor who is a resident of the County and engaged in the full-time practice of the profession in the County; and
(5) one shall be a disposal system contractor who is a resident of the County and engaged in the full-time practice of the profession in the County. (c) Appointment from lists. The master plumbers shall be appointed from a list of eight names submitted to the County Executive by the Annapolis and Anne Arundel County Master Plumbers' Association, Inc. The utility contractor shall be appointed from a list of three names submitted to the County Executive by a majority of the utility contractors licensed to do business in the County, or if there exists a formal organization to which a majority of the contractors belong, the list shall be submitted by that organization. The disposal system contractor shall be appointed from a list of three names submitted to the County Executive by the Anne Arundel County Disposal Systems Contractors' Association. (1985 Code, Art. 16, §§ 14-201, 14-202) (Bill No. 75-91; Bill No. 23-04)
SUBTITLE 3. ELECTRICAL LICENSES
§ 11-4-301. Scope.
(a) Applicability. This subtitle applies to electrical equipment and the installation of electrical equipment for: (1) light, heat, or power within or on public or private buildings, structures, or premises, including yards, carnival and parking lots, and industrial substations; (2) power supply to radio and television transmitting and receiving systems in or on buildings, structures, or premises; and (3) burglary alarm systems or robbery alarm systems. (b) Inapplicability. This subtitle does not apply to: (1) employees or agents of electric light and power companies, electric railway companies, telegraph or telephone companies, while performing work on the companies' own buildings, plants, installations, or systems; or (2) employees of the State or the United States government while performing work on State or federal buildings, plants, installations, or systems; or (3) persons making electrical installations in ships, boats, automobiles, trucks, or other vehicles, other than trailers being used for residential or office use or repairing equipment installed in any of them. (1985 Code, Art. 16, § 6-101) (Bill No. 41-89)
§ 11-4-302. License classes.
(a) Three classes. There are three classes of electrician's licenses: master general electrician; master limited electrician; and restricted electrician. (b) Master general electrician. A master general electrician's license may be issued to an applicant who is eligible under this subtitle. The license authorizes the licensee or a person under the supervision of the licensee to perform work described in § 11-4-301(a). (c) Master limited electrician. A master limited electrician's license may be issued to an applicant who is eligible under this subtitle. The license authorizes the licensee or a person under the supervision of a licensee to perform the work described in § 11-4-301(a), provided the work is performed only on the premises occupied by the licensee and is performed only in existing buildings from an existing distribution system.
(d) Restricted electrician. A restricted electrician's license shall be issued to a person determined to be qualified by an examination given by the Board of Electrical Examiners. The license authorizes the holder to make installation only from the point of distribution to the equipment being installed and to maintain and repair the particular type of electrical equipment specified in the license. Holders of licenses restricted to electrical household appliances, radio, television, electronics, motor repairs, and motor services may not make installation of electrical wiring from the point of distribution to the equipment being installed. (1985 Code, Art. 16, § 6-302)
§ 11-4-303. Qualifications.
(a) Master general electrician. An applicant seeking to take the written examination for the license for a master general electrician shall have engaged continuously during the three years immediately preceding the date of the application as an apprentice, journeyman, or helper under the direction and supervision of a licensed master general electrician or master limited electrician and have a total of seven years' experience. The Board of Electrical Examiners may award a credit not to exceed two years against these time and experience requirements for a successfully completed trade school or any other educational institution course of study that in the opinion of the Board of Electrical Examiners provides a person with the knowledge and skill required of a master general electrician. (b) Master limited electrician. An applicant seeking to take the written examination for the license for a master limited electrician shall have worked under the direction and supervision of a licensed master general electrician or master limited electrician for at least two years immediately preceding the date of the license application. (c) Restricted electrician. An applicant seeking to take the written examination for the license for a restricted electrician shall have worked under the direction and supervision of a licensed restricted or master electrician for at least one year immediately preceding the date of the license application. (1985 Code, Art. 16, §§ 6-303, 6-304, 6-305)
§ 11-4-304. Application; fees.
An applicant for an electrician's license shall file at least 30 days before the date of the examination an application to take the examination and pay an application fee of $25. In addition, an individual shall pay a fee of $60 for the original issuance or annual renewal of a license. (1985 Code, Art. 16, §§ 6-306, 6-308) (Bill No. 11-86; Bill No. 46-92)
§ 11-4-305. Examination.
(a) Generally. The Board of Electrical Examiners shall conduct written examinations of eligible applicants for the licenses of master general, master limited, and restricted electrician. Written notice of the date, hour, and place of examination shall be mailed to each eligible applicant at least 10 days before the date of the examination. (b) Examination fee. Applicants granted permission to take the written examination shall pay a fee of $50 to the County before commencing the examination.
(c) Nature of examination. The written examination for an electrician's license shall be based on the National Electrical Code, trade practices and standards, and electrical theory. (d) Passing grade. To qualify for the granting of an electrician's license, an applicant shall obtain a grade of at least 70% on the examination. (e) Misconduct during examination. The use of unauthorized material or other misconduct by an applicant during an examination causes the immediate rejection of the application and bars the applicant from reexamination for at least six months. (f) Notification. The Director shall notify an applicant who has taken a written examination for a license required by this subtitle as soon as practicable after the examination of the grade received on the examination. An applicant who has received a passing grade shall be notified that on payment to the County within 60 days of the appropriate license fee, the applicant shall be issued the license for which the applicant was examined. (g) Reexamination. Persons who have failed the examination and who have not successfully appealed to the Board of Appeals may not be reexamined until the following periods have elapsed from the date of the preceding examination: after the first examination, three months; after the second examination, six months; and after the third examination, one year. (1985 Code, Art. 16, § 6-307) (Bill No. 11-86; Bill No. 46-92)
Charter reference – § 602.
§ 11-4-306. Insurance.
A person engaging in the business of electrical contracting under this subtitle may not undertake to do any electrical work within the County unless the person carries general liability insurance in the amount of $300,000 and property damage insurance in the amount of $100,000. Inactive license holders are exempt from this requirement. (1985 Code, Art. 16, § 6-309) (Bill No. 11-86)
§ 11-4-307. Apprentices.
Nothing in this subtitle shall be construed to prevent an employee, including an apprentice, journeyman, or helper, from performing any of the kinds of work enumerated in this subtitle provided that the work is performed under the supervision of a fully licensed master or restricted electrician, whichever is applicable. The work performed is the responsibility of the licensee. (1985 Code, Art. 16, § 6-311)
§ 11-4-308. Transferability.
A license under this subtitle may not be transferred. (1985 Code, Art. 16, § 6-312)
§ 11-4-309. Inactive licenses.
(a) How accomplished. On written request and the payment of a $25 conversion fee, a person issued a license under this subtitle may place the license on inactive status.
(b) Renewal. An inactive license shall be renewed annually by paying a renewal fee of $10. (c) Insurance; work. During the period the license is inactive, the licensee is not required to furnish proof of insurance and may not perform work for which the license was required. (1985 Code, Art. 16, § 6-316) (Bill No. 46-92)
SUBTITLE 4. GASFITTER LICENSES
§ 11-4-401. Definitions.
In this subtitle, the following words have the meanings indicated. (1) "Journeyman gasfitter" means a person who hires out to work at the gasfitting business for or under the direction of a master gasfitter. (2) "Master gasfitter" means a person who regularly engages in and works at the gasfitting business on the person's own account or as the licensed representative of a firm or corporation; employs and directs journeyman gasfitters and apprentice gasfitters; and has or represents a firm or corporation which has an established place of business within the State. (3) "Restricted gasfitter" means a person who regularly engages in and works in the gasfitting business utilizing liquid petroleum gases only on the person's own account or as the licensed representative of a firm or corporation and has or represents a firm or corporation which has an established place of business within the State. (4) "Restricted journeyman gasfitter" means a person who hires out to work at the gasfitting business pertaining to liquid petroleum gases only under the direction of a restricted gasfitter. (1985 Code, Art. 16, § 7-101)
§ 11-4-402. Scope.
(a) Applicability. This subtitle applies to new connections and new gasfitting installations, including the venting of new fixtures or appliances on installation if necessary; to an extension of a gas piping system in an existing structure; and to repairs to and alterations of existing gas piping systems. This subtitle also applies to constructing, installing, repairing, or equipping from the outlet of a meter or regulator supplying natural gas, manufactured gas, a mixture of natural gas or manufactured gas, undiluted and liquefied petroleum gases, liquefied petroleum gas-air mixtures, or mixtures of these gases to a structure within the County: (1) low-pressure (not exceeding one-half pound a square inch or 14 inches water column) domestic and commercial piping systems extending from the outlet of the meter set assembly, or the outlet of the service regulator when a meter is not provided, to the inlet connections of appliances; (2) domestic and commercial appliances supplied at a pressure of one-half pound a square inch or less; or (3) gas distribution systems that are wholly located on private property and designed to serve more than two individual dwelling units, multifamily construction, industrial or commercial units, or a combination of individual dwelling units, multifamily construction, or industrial or commercial units.
(b) Inapplicability. This subtitle does not apply to constructing, installing, repairing, or equipping gas piping systems for operating at pressures greater than two pounds per square inch; gas equipment supplied through gas piping systems operating at pressures greater than two pounds per square inch; or gas equipment designed and installed for specified manufacturing, production, processing, and power generating applications. (1985 Code, Art. 16, § 7-102) (Bill No. 75-91)
§ 11-4-403. Qualifications.
An applicant for a license as a master gasfitter, restricted gasfitter, journeyman gasfitter, or restricted journeyman gasfitter shall hold a State of Maryland license and be familiar with this subtitle, applicable provisions of the County Building Code, and the rules and regulations of the County Health Department and the State Department of Health and Mental Hygiene applicable to gasfitting work. (1985 Code, Art. 16, § 7-302)
§ 11-4-404. Application fee; license fees.
(a) Application fee. An applicant for a license shall pay an application fee of $25. (b) License fees. The annual license fee for a master gasfitter or restricted gasfitter license is $60 and the annual license fee for a journeyman gasfitter or restricted journeyman gasfitter license is $25, except that the annual license fee for a master plumber licensed by the County who obtains a master gasfitter's license is $30 and the annual license fee for a journeyman plumber licensed by the County who obtains a journeyman gasfitter's license is $25. (1985 Code, Art. 16, §§ 7-303, 7-305) (Bill No. 46-92)
§ 11-4-405. Insurance.
A person engaging in the business of plumbing under this subtitle may not undertake to do any plumbing work within the County unless the person carries general liability insurance in the amount of $300,000 and property damage insurance in the amount of $100,000. Inactive license holders are exempt from this requirement.
§ 11-4-406. Inactive licenses.
(a) Generally. A person who holds a master gasfitter's or restricted gasfitter's license and who is not actively engaged in or working at the gasfitting business on the person's own account shall inactivate the license by written request to the Director, enclosing the license and license pocket card and payment of a $25 conversion fee. An applicant who desires to hold a master or restricted gasfitter's license and then inactivate the license may file an application and, if determined qualified, may request that the license be issued on an inactive basis. The Director shall order the license and file copy marked "Voluntarily Inactivated" and attach the written request to the file copy. (b) Renewal. An inactive license shall be renewed annually by paying a renewal fee of $10. During the period the license is inactive, the licensee is not required to furnish proof of insurance and may not perform work for which the license was required.
(c) Reactivation. A person who voluntarily inactivates a master or restricted gasfitter's license may at a later date reactivate the license by written request addressed to the Director and on payment of the license renewal fee and filing the required insurance. If a person surrendering a master gasfitter's license or restricted gasfitter's license requests, the person may be issued either a journeyman gasfitter's license or restricted journeyman gasfitter's license on payment of the required fee in order to continue in the gasfitting industry in a journeyman capacity. (d) Acknowledgement. An acknowledgement shall be furnished to a person inactivating a license stating the type of license being inactivated. The statement shall be evidence of the person's prior qualification whenever the person applies to reactivate the license. (1985 Code, Art. 16, § 7-313) (Bill No. 46-92)
SUBTITLE 5. MECHANICAL CONTRACTOR LICENSES
§ 11-4-501. Definitions.
In this subtitle, the following words have the meanings indicated. (1) "Pursuit of the mechanical trade or business" means an act of installing, maintaining, or repairing air conditioning, heating, or refrigeration systems excluding the transport of materials and equipment to the job site, the act of rigging for placement of equipment, the act of insulating and components of the system, and the act of manufacturing and assembling such systems in a shop or manufacturing environment not on the job site. For purposes of this definition, "refrigeration system" means a system used to cool a surface or area below 55 degrees Fahrenheit or 12.8 Celsius. (2) "Ventilation" means a system of supply or removal of air by natural or mechanical means. (1985 Code, Art. 16, § 11-101)
§ 11-4-502. Classes; permissible uses.
(a) Generally. The following licenses may be issued under this subtitle and shall specify the type of work the licensee is authorized to perform: master heating, cooling, and refrigeration license; master restricted mechanic license; and journeyman mechanic. (b) Master heating, cooling, and refrigeration license. The holder of a master heating, cooling, and refrigeration license may perform any of the work authorized to holders of any of the licenses listed in subsection (a). (c) Master restricted mechanic license. The holder of a master restricted mechanic license may perform only the type of work that is specified on the license. (d) Journeyman mechanic license. The holder of a journeyman mechanic license may perform only the same type of work that the holder's employer is authorized to perform. The master licensee is responsible for all work performed by the journeyman mechanic. (1985 Code, Art. 16, § 11-302)
A master heating, cooling, and refrigeration license, a master restricted mechanic license, and a journeyman mechanic license may not be issued unless the individual holds a State license. (1985 Code, Art. 16, § 11-303)
§ 11-4-504. Fees.
(a) Application fees. An applicant shall pay an application fee of $25. (b) License fees. The annual license fee for a master heating, cooling, and refrigeration license or for a master restricted mechanic license is $60, except that the annual license fee is $30 if the individual holds a current master electrician's license, master plumber's license, or master gasfitter's license. The annual license fee for a journeyman mechanic license is $25, except that the annual fee is $12.50 if the individual holds a current journeyman plumber's license or journeyman gasfitter's license. (1985 Code, Art. 16, §§ 11-304, 11-306) (Bill No. 46-92)
§ 11-4-505. Insurance.
A person other than a journeyman mechanic who is licensed under this subtitle may not undertake to do any work within the County unless the person carries general liability insurance in the amount of $300,000 and property damage insurance in the amount of $100,000. Inactive license holders are exempt from this requirement. (1985 Code, Art. 16, § 11-308) (Bill No. 2-88)
§ 11-4-506. Inactive licenses.
On written request and the payment of a $25 conversion fee, a person issued a license under this subtitle may place the license on inactive status. An inactive license may be renewed annually by paying a renewal fee of $10. While the license is inactive, the licensee may not perform work for which a license is required. (1985 Code, Art. 16, § 11-314) (Bill No. 2-88; Bill No. 46-92)
SUBTITLE 6. PLUMBING LICENSES
State Code reference – Business Occupations and Professions Article, Title 12.
§ 11-4-601. Definitions.
In this subtitle, the following words have the meanings indicated. (1) "Private sewerage system" means a system of sewers and appurtenances for the collection and treatment of sewage located in private property and disposed of into the soil. (2) "Semi-public sewerage system" means a system of sewers and appurtenances for the collection, transportation, and treatment of sewage and industrial wastes operated by an individual or commercial enterprise solely for a single ownership property and operated under the supervision of the Department of Public Works.
This subtitle applies to all plumbing, private and semi-public sewage disposal system construction, private water distribution systems, private sewage collection systems, and private storm drain collection systems, including work authorized to be performed by utility contractors under this subtitle, done in any structure or on any public or private property in the County. This subtitle also applies only to that portion of disposal systems contracting that includes installing septic tanks, drywells, drainfield systems, and semi- public package sewage disposal systems. (1985 Code, Art. 16, § 14-102)
§ 11-4-603. Disposal system contractor.
(a) Scope of license. A licensed disposal system contractor may construct, alter, repair, modify, and install private sewerage systems and semi-public sewerage systems beginning at a point not less than five feet from the wall through which the sewage outlet runs from the building to be served by the sewerage system in other than single-family dwellings and beginning at the inlet to the septic tank for single-family dwellings. (b) Licensed master plumber. Nothing in this section precludes a licensed master plumber from performing work described in this section. (1985 Code, Art. 16, § 14-302)
§ 11-4-604. Utility contractor.
(a) Scope of license. A licensed utility contractor may construct, alter, repair, or modify a private water distribution system, private sewerage system or private storm drain system or any component part of these systems that connects to a public system beginning at the boundary line of the property on which the work is performed to five feet from an exterior wall of any structure on the property, with the exception of a single-family dwelling. The physical connection from the structure to the system shall be made by a licensed plumber. (b) Licensed master plumber. Nothing in this section precludes a licensed master plumber from performing the work described in this section. (1985 Code, Art. 16, § 14-303)
§ 11-4-605. Qualifications.
(a) Master plumbers. A person may not be issued a master plumber's license unless the person holds a master plumber's certificate issued by the State. (b) Journeymen plumbers. A person may not be issued a journeyman plumber's license unless the person holds a journeyman plumber's certificate issued by the State. (c) Disposal system contractors. A person may not be issued a disposal system contractor's license unless the person has at least two years' experience in constructing, altering, repairing, modifying, and installing sewage disposal systems under the supervision of a licensed master plumber or a licensed disposal system contractor and passes the examination administered by the Plumbing Commission.
(d) Utility contractors. A person may not be issued a utility contractor's license unless the person has at least four years' experience in constructing, altering, repairing, modifying, and installing water distribution and sewage collection systems and storm drainage systems under the supervision of a licensed master plumber or a person actively engaged in the utility contractor business and passes the examination administered by the Plumbing Commission. (1985 Code, Art. 16, § 14-304, 14-305, 14-306, 14-307) (Bill No. 12-86; Bill No. 46-92)
State Code reference – Business Occupations and Professions Article, Title 12.
§ 11-4-606. Insurance.
A person engaging in the business of plumbing under this subtitle may not undertake to do any plumbing work within the County unless the person carries general liability insurance in the amount of $300,000 and property damage insurance in the amount of $100,000. Inactive license holders are exempt from this requirement.
§ 11-4-607. Supervision of unlicensed persons.
A master plumber may not permit an unlicensed person to work on any plumbing installation without direct supervision of the master plumber or a journeyman plumber under the direct supervision of the master plumber. (1985 Code, Art. 16, § 14-310)
§ 11-4-608. Transferability.
A license required by this subtitle may not be transferred. (1985 Code, Art. 16, § 14-311)
§ 11-4-609. Fees.
(a) Application fee. On submission of an application for a license under this subtitle, an individual shall pay an application fee of $25. (b) Issuance and annual renewal fee. An individual shall pay to the County for the issuance or annual renewal of a license a fee as follows: (1) for a master plumber, $60; (2) for a journeyman plumber, $25; (3) for a disposal system contractor, $60; and (4) for a utility contractor, $60. (1985 Code, Art. 16, § 14-315) (Bill No. 46-92)
§ 11-4-610. Inactive licenses.
On written request and the payment of a $25 conversion fee, a person issued a license under this subtitle may place the license on inactive status. An inactive license shall be renewed annually by paying a renewal fee of $10. During the period the license is inactive, the licensee may not perform work for which the license was required.
Section 11-5-101. Definitions. 11-5-102. Authorization for certain fires without a license. 11-5-103. License. 11-5-104. Notice of violation and cure.
§ 11-5-101. Definitions.
In this title, the following words have the meanings indicated. (1) "Air pollution" means the presence in the outdoor atmosphere of any substance that is present in such quantities and is of such duration that it may be predicted with reasonable certainty to be injurious to property or to human, plant, or animal life or unreasonably interferes with the proper enjoyment of property because of the emission of odors, solids, vapors, liquids, or gases. (2) "Emission" means any substance other than water, in an uncombined form, discharged into the atmosphere, including odors, particulate matter, vapors, and gases. (3) "Household refuse" means waste generated by household activities that contains a mixture of trash, rubbish, and garbage, a moisture content of up to 50%, and up to 7% incombustible solids. (4) "Opacity" means the degree to which emissions reduce the transmission of light and obscure the view of an object in the background as described in the United States Environmental Protection Agency's April, 1983, Reference Method 9 - "Visible Determination of the opacity of Emissions From Stationary Sources," and any subsequent revisions. (5) "Open fire" means a fire in which material is burned in the open or in a receptacle other than one connected to a stack or chimney. (6) "Salamander" means a device fueled by oil or gas that is designed specifically for space heating or warming of outdoor workers or facilities. (1985 Code, Art. 14, § 7-101) (Bill No. 70-92)
§ 11-5-102. Authorization for certain fires without a license.
(a) With approval from the Health Officer and under supervision by the Fire Chief. With the approval of the Health Officer and with all reasonable means taken to minimize smoke, the Fire Chief or the Fire Chief's designee may permit an open fire when necessary to instruct public firefighters or industrial employees under supervision of the Fire Control Official or to protect public health or safety when other means for disposing of hazardous materials are not available. (b) When license not required. The following open fires are allowed without a license if the fire does not create a nuisance or air pollution:
(1) In those areas where no provision is made for public collection of leaves, burning of leaves originating on the premises by householders is allowed if the fire is located at least 300 feet from any habitable dwelling or place where people work or congregate. (2) In those areas where there is no public collection of refuse, burning of household refuse originating on the premises by the householder is allowed if the fire is located at least 300 feet from any habitable dwelling or place where people work or congregate and materials are not burned that create smoke emissions of an opacity of 20% or greater. (3) An open fire is allowed for the cooking of food on other than commercial premises. (4) An open fire with a volume of less than one cubic yard is allowed for recreational purposes, such as campfires and bonfires. (5) A salamander designed specifically for space heating or warming of outdoor workers and facilities is allowed. (1985 Code, Art. 14, §§ 7-203, 7-204) (Bill No. 70-92; Bill No. 7-03)
§ 11-5-103. License.
(a) Generally required. Except as otherwise provided in this title, a person may not cause or allow an open fire without a license. (b) Issuance. The Health Department shall issue a license allowing an open fire if the Health Officer makes written findings that: (1) the material to be burned originated on the premises on which it is to be burned; (2) there is no practical alternate method for the disposal of the material to be burned or to conduct the desired activity; (3) the fire will not create a hazardous condition of air pollution or nuisance; (4) there will be no burning within 500 yards of an occupied structure or a heavily traveled public road, except that the Health Officer may recommend that a license be issued for disposal by burning by a method acceptable to the Health Officer if this distance limitation cannot be met; (5) fire control laws or regulations will not be violated; and (6) other conditions to minimize the creation of smoke, prevent nuisances and air pollution, and to protect the public health, safety, comfort, and property of any person will be met. (1985 Code, Art. 14, §§ 7-201, 7-202) (Bill No. 70-92)
§ 11-5-104. Notice of violation and cure.
A person who starts, causes, allows, or facilitates a fire without a license issued by the Health Department or otherwise in violation of this subtitle shall promptly extinguish the fire on notice from the Health Department, Fire Department, or Police Department. (1985 Code, Art. 14, § 7-104) (Bill No. 70-92)
(a) Health Department responsibility. The Health Department shall be responsible for conducting plan reviews and issuing licenses for food service facilities as required by applicable State law and regulation. (b) Plan review fees. The fees for plan reviews are: (1) high/medium priority facilities, structural, $750; (2) high/medium priority facilities, hazard analysis critical control point, $750; and (3) low priority facilities, structural, $500. (c) License fees. The fees for the licenses are as follows: (1) for a high priority permanent food service facility, $590; (2) for a high priority food service facility that operates fewer than four months per licensing period, $395; (3) for a medium priority permanent food service facility, $395; (4) for a medium priority food service facility that operates fewer than six months per licensing period, $195; (5) for a low priority permanent food service facility, $195; (6) for a high or medium priority food service facility operating for a temporary period, $195; (7) for a low priority food service facility operating for a temporary period, $35; (8) for a food service facility operating from a mobile unit, $395; (9) for a high priority food service facility operated at a bed and breakfast, $400; (10) for a medium priority food service facility operated at a bed and breakfast, $270; (11) for a food service facility operated by an excluded organization, as defined in the General Health Article, § 21-301, of the State Code, exempt; and (12) for a semi-permanent food service facility, $395. (d) Penalty fee. Failure to apply for a license renewal or an initial license within 30 days of notice by the County shall result in a penalty fee of 20% of the license fee. This fee shall be assessed for each 30-day period until a renewal or initial license application plus penalty fee is received by the County. (1985 Code, Art. 14, § 6-101) (Bill No. 37-91; Bill No. 46-92; Bill No. 37-95; Bill No. 13-05; Bill No. 42-08; Bill No. 56-09; Bill No. 83-12)
§ 11-6-102. Inspections.
(a) Generally. The Health Department shall conduct inspections of food service facilities as required by applicable State law and regulation.
(b) Correction of violations. If an initial inspection determines that the food service facility is in violation of State law or regulation, the owner shall correct the violation prior to the re-inspection date. (c) Reinspection fee. If the violation is not corrected at the first re-inspection, the owner of the food service facility shall be assessed a fee of $175 for each additional re-inspection. (1985 Code, Art. 14, § 6-102) (Bill No. 37-95; Bill No. 13-05; Bill No. 42-08)
TITLE 6A. HOTELS
Section 11-6A-101. Definitions. 11-6A-102. License required. 11-6A-103. Fees. 11-6A-104. Designation of agent by nonresident applicant. 11-6A-105. Right of entry. 11-6A-106. Approval by Director and Health Officer. 11-6A-107. Term; renewal. 11-6A-108. Display. 11-6A-109. Records. 11-6A-110. Transfer; notice of sale. 11-6A-111. Occupancy limitations. 11-6A-112. Notice of violations. 11-6A-113. Suspension and revocation.
§ 11-6A-101. Definitions.
In this title, the following words have the meanings indicated. (1) “Hotel” means a facility that offers sleeping accommodations to the transient public and includes a motel and inn. (2) “Unit” means each guest room of a hotel. (Bill No. 117-15)
§ 11-6A-102. License required.
A person may not operate a hotel without a license issued by the Department. A separate license is required for each hotel. (Bill No. 117-15)
§ 11-6A-103. Fees.
(a) Fees generally. Except as provided in subsection (b), fees for initial issuance of a license and each renewal of a license are:
1 to 4 $30 per unit 5 to 50 $120 plus $25 per unit
51 and above $1,370 plus $18 per unit (b) Late fee. In addition to any other remedy, for each 30 days or fraction thereof that the owner of a hotel has operated without a current and valid license, the County may impose a late fee of 10% of the applicable license fee or $25, whichever is greater. (c) Collection. Any license fees, including late fees, remaining unpaid for six months after the licensee has been notified of the imposition of the fees by the County shall be collected as provided in § 1-9-101 of this Code. (Bill No. 117-15)
§ 11-6A-104. Designation of agent by nonresident applicant.
A license may not be issued or renewed for an applicant who is not a resident of the County unless the applicant has first designated an agent and an alternate agent for the receipt of notices of violation of this title and for service of process under this title. Either the agent or the alternate agent must be a resident of the County. The applicant must provide a notarized statement authorizing the agent and the alternate agent to act on the applicant’s behalf for the purpose of receiving notices and for service of process. (Bill No. 117-15)
§ 11-6A-105. Right of entry.
For the purposes of licensure approval and periodic inspection of hotels, the Health Officer and the Director shall have the right of entry upon reasonable notice to all common areas, all food preparation and food service areas, and all units. Each hotel shall be inspected by the Director or the Health Officer at least once every two years. The areas of inspection, the number and types of units inspected and the frequency of inspection shall be based on criteria established by the Director and the Health Officer. (Bill No. 117-15)
§ 11-6A-106. Approval by Director and Health Officer.
(a) Issuance. The Department may not issue or renew a license for a hotel without the approval of the Director and the Health Officer. (b) Approval. The Director and the Health Officer shall approve the issuance or renewal of a license if an inspection of the hotel for which the license is sought reveals that the hotel complies with all applicable requirements of the County Code and all applicable health and safety provisions of State law over which the Department or the Health Officer has jurisdiction. (c) Noncompliance after inspection; fee. If an applicant for initial licensure or the renewal of a license for a hotel does not comply with all applicable requirements of the County Code and all applicable health and safety provisions of State law over which the Department or the Health Officer has jurisdiction after an initial inspection and one re-inspection, the Health
Officer may charge a fee of $80 for a second re-inspection and for any additional inspections needed until the hotel is approved for initial licensure or the renewal of a license. (Bill No. 117-15)
§ 11-6A-107. Term; renewal.
Each initial hotel license expires on January 31 of the second year following the year of application unless sooner revoked. Subject to the provisions of this title, a hotel license may be renewed by the Director for successive two year periods. (Bill No. 117-15)
§ 11-6A-108. Display.
A license and any notice of license suspension or revocation shall be displayed in a conspicuous place within a common area of the hotel. (Bill No. 117-15)
§ 11-6A-109. Records.
The owner or other person in charge of a licensed hotel shall keep or cause to be kept records of each request for repair and each complaint by a guest that is related to the provisions of the County Code or of applicable health or safety provisions of State law over which the Department or the Health Officer has jurisdiction and of each correction made in response to such requests and complaints. The records shall be made available by the licensee to the Health Officer or the Director for inspection and copying on demand. The records are admissible in any administrative or judicial proceeding as prima facie evidence of the violation or the correction of a violation of the County Code or of applicable health or safety provisions of State law over which the Director or the Health Officer has jurisdiction. (Bill No. 117-15)
§ 11-6A-110. Transfer; notice of sale.
(a) Nontransferable. A license is not transferable to another person or to another hotel. (b) Notice of sale or other disposition. Each licensee shall give written notice to the Director within one week after having transferred or otherwise disposed of the legal control of a licensed hotel. The notice shall include the name and address of the person succeeding to the ownership or control of the hotel. (Bill No. 117-15)
§ 11-6A-111. Occupancy limitations.
Each unit in a hotel shall comply with the occupancy limitations in Section 404 of the Property Maintenance Code, as adopted by the County in the Construction and Property Maintenance Codes Supplement. (Bill No. 117-15)
If, at any time, the Director or the Health Officer finds that conditions of or practices at a licensed hotel are in violation of the County Code or of applicable health or safety provisions of State law over which the Director or the Health Officer has jurisdiction, the Director or the Health Officer shall provide the licensee with notice of the violation in writing. The notice shall state that, unless the violations cited are corrected within a designated reasonable time, the license may be suspended. (Bill No. 117-15)
§ 11-6A-113. Suspension and revocation.
(a) Suspension. At the end of the time designated pursuant to § 11-6A-112 for correction of a violation, the Director or the Health Officer shall re-inspect the hotel. If the Director or the Health Officer determines that the violations have not been corrected, the Director shall issue an order suspending the license, which shall be promptly provided to the licensee. The order shall provide that the violation cited in the notice and order of suspension shall be corrected within 30 days of the issuance of the order or the license shall be revoked. (b) Reinstatement for compliance. If the violation cited in the notice and the order of suspension is corrected within the 30 days after the issuance of the order of suspension, the Director shall lift the suspension. (c) Revocation. If the violation cited in the notice and order of suspension is not corrected within 30 days of the issuance of the order, the license shall be revoked. (d) Effect of suspension or revocation. (1) Suspension. A hotel may not admit new guests while its license is suspended. (2) Revocation. A hotel may not operate after its license is revoked. A revoked license shall not be reinstated. (Bill No. 117-15)
TITLE 7. HUCKSTERS
Section 11-7-101. License.
§ 11-7-101. License.
(a) Definition. In this title "huckster" means a person who moves about the County on foot, in a vehicle, or by means of a horse or other animal for the purpose of selling and simultaneously delivering or offering for sale and simultaneous delivery, at retail, goods of any kind or food other than seafood; uncooked meats; or fish, produce, farm products, or other perishables in their natural state, but the term does not include children under the age of 18 who sell items for the benefit of a civic or charitable endeavor. (b) Required. A person may not operate as a huckster without a huckster's license issued by the Department.
(c) Fee. The fee for a huckster's license is $250 for a term or $25 per day. (d) Contents. A license issued to a huckster shall describe the licensee and the purpose for which the license is issued. (e) Term. Except for a huckster's license issued for a single day, a huckster's license expires one year after the date of issuance. (f) Display. A huckster shall display the license while engaged in the business. (1985 Code, Art. 16, §§ 8-101, 8-103, 8-104, 8-105, 8-106, 8-107) (Bill No. 46-92; Bill No. 39-95)
State Code reference – Local Government Article, § 10-202.
TITLE 8. LIQUID WASTE HAULERS
Section 11-8-101. "Liquid waste hauler" defined. 11-8-102. License. 11-8-103. Vehicles and equipment. 11-8-104. Disposal. 11-8-105. State Code penalties.
§ 11-8-101. "Liquid waste hauler" defined.
In this title "liquid waste hauler" means a person engaged in the business of cleaning and emptying a septic tank, seepage pit, privy, or other sewage disposal facility. (1985 Code, Art. 16, § 9A-101) (Bill No. 69-94)
§ 11-8-102. License.
(a) Requirement. A person may not engage in business as a liquid waste hauler unless the person's vehicle is licensed by the Department. (b) Fee. The fee for a liquid waste hauler license is $50. (c) Vehicle inspection and fee. Each vehicle to be used for waste hauling purposes shall be inspected annually and approved by the Health Department before the license is issued and shall be accompanied by a nonrefundable fee of $150 for each vehicle inspection. (d) Insurance. A person engaging in the business of liquid waste hauling under this subtitle may not undertake to do any work in the County unless the person carries general liability insurance in the amount of $300,000 and property damage insurance in the amount of $100,000. (e) Transferability. A liquid waste hauler license is not transferable. (f) Term. A liquid waste hauler license expires on May 1 of each year. (g) Renewal. The license may be renewed for a period of one year if an application for renewal is filed with the Department 30 days before the expiration of the current license accompanied by a renewal fee of $25 for each vehicle used for waste hauling purposes.
(h) Suspension or revocation. On the advice of the Health Department or the Department of Public Works that a licensed liquid waste hauler has violated the provisions of this title, the Director may suspend or revoke the license. (1985 Code, Art. 16, § 9A-102, 9A-103, 9A-105, 9A-106, 9A-107) (Bill No. 69-94; Bill No. 13-05; Bill No. 42-08)
§ 11-8-103. Vehicles and equipment.
(a) Vehicles. The name and permit number of the liquid waste hauler shall be legibly lettered in letters that are at least three inches high on both sides of each vehicle used for waste hauling purposes. Each vehicle used for waste hauling purposes shall be equipped with a watertight tank or body and be maintained in a clean and sanitary condition. (b) Equipment. Portable receptacles used for transporting liquid or solid waste shall be watertight, equipped with tight-fitting lids, and shall be cleaned daily. Pumps and hose lines shall be maintained so as to prevent leakage. (1985 Code, Art. 16, §§ 9A-108, 9A-109) (Bill No. 69-94)
§ 11-8-104. Disposal.
(a) Generally. Approval in writing shall be obtained from the Health Department and the Department of Public Works for each site at which a liquid waste hauler plans to discharge the waste material collected. Waste material collected by a liquid waste hauler may not be discharged into ditches, watercourses, lakes, ponds, tidewater, or at any point where it can pollute a water supply, bathing area, shellfish-growing area, or at a point not previously so approved. (b) Prohibition. Waste material collected by a liquid waste hauler may not be dumped or otherwise deposited into the County wastewater system without written permission from the Department of Public Works. (1985 Code, Art. 16, § 9A-110) (Bill No. 69-94)
§ 11-8-105. State Code penalties.
In addition to the penalties provided under this Code, any person who violates any provision of this title is subject to the penalties provided in the State Code and the regulations promulgated under the State Code. (1985 Code, Art. 16, § 9A-112) (Bill No. 69-94)
TITLE 9. MANUFACTURED MOBILE HOMES
Section 11-9-101. Definitions. 11-9-102. Dealer's license required; term; revocation. 11-9-103. Mobile home park license. 11-9-104. Mobile home space license for home legally outside a mobile home park. 11-9-105. Revocation, denial, or suspension of license – In general.
11-9-106. Summary revocation or suspension of license.
§ 11-9-101. Definitions.
In this title, the following words have the meanings indicated. (1) "Manufactured home" means a structure that is transportable in one or more sections; that, in the traveling mode, is 8 body feet (2,438 body mm) or more in width or 40 body feet (12,192 body mm) or more in length or that, when located onsite, is 320 square feet
(30m2) or more; that is built on a permanent chassis; and that is designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and the term includes the plumbing, heating, air-conditioning, and electrical systems contained in the home; a mobile home; a structure that meets all the requirements of this definition other than the size requirements and with respect to which the manufacturer has filed the certification required by the United States Secretary of Housing and Urban Development or, for mobile homes built prior to June 15, 1976, a label certifying compliance to the Standard for Mobile Homes, NFPA501, in effect at the time of manufacture. (2) "Mobile home park" means a plot of ground on which two or more manufactured homes occupied for dwelling or sleeping purposes are located, regardless of whether a charge is made for the accommodation. (3) "Mobile home space" means a plot of ground in a mobile home park designed for the accommodation of one manufactured home. (1985 Code, Art. 23, § 1-101) (Bill No. 23-04)
(a) Requirement. A person may not regularly engage in the sale of manufactured homes in the County without a license issued by the Department. (b) Application. To apply for a license, an applicant shall file an application with the Department. (c) License issuance; fee. The Director shall issue a license on payment of a license fee of $100 by the applicant and on determining that the applicant has complied with all applicable zoning laws and keeps adequate records of sales. (d) Expiration; late fee. A license issued under this section expires on June 30 of each year. A license that has not been renewed prior to its expiration may be renewed on payment of the license fee and a late penalty of $25. (e) Display. A license issued under this subtitle shall be conspicuously displayed in the office or place of business of the licensee. (1985 Code, Art. 23, § 1-103) (Bill No. 46-92)
§ 11-9-103. Mobile home park license.
(a) Requirement. A person may not maintain or operate a mobile home park without a mobile home park license issued by the Department. (b) Issuance. On the completion of construction of a mobile home park or an addition, revision, or modification of an existing mobile home park the Director shall issue a mobile home park license.
(c) Fees. The annual license fee for a mobile home park is $5 per space. There is a late fee of $25 for every 30 days that the fee remains unpaid or 10% of the license fee, whichever is greater. The fee for the transfer of a mobile home park license is $50. (d) Term. A mobile home park license expires on December 31 of each year. (e) Renewal; transfer. A mobile home park license may not be renewed or transferred by the Department unless for the license year in question: (1) the Department determines that mobile home spaces, premises, and buildings and fixtures in the mobile home park comply with the applicable Building, Electrical, and Plumbing Codes, applicable subdivision regulations, and other applicable provisions of law; (2) a certificate from the Fire Chief is filed that mobile home spaces, premises, buildings, and fixtures in the mobile home park comply with the Fire Prevention Code of the County and this title; (3) a certificate from the Health Department is filed that the mobile home spaces, premises, buildings, and fixtures in the mobile home park comply with the standards and regulations of the County Board of Health, the State Board of Health, and the State Department of Health and Mental Hygiene. (f) Display. The mobile home park license certificate shall be conspicuously posted in the office of or on the premises of the mobile home park. (1985 Code, Art. 23, § 1-303) (Bill No. 46-92; Bill No. 59-92; Bill No. 7-03)
§ 11-9-104. Mobile home space license for home legally outside a mobile home park.
(a) Scope. This section applies to a manufactured home that was lawfully located outside of a licensed mobile home park on or before April 13, 1966. (b) Requirement. The owner of the property on which a manufactured home is located shall annually apply for and obtain a manufactured home space license for the mobile home. (c) Fee. The fee for a mobile home space license is $100 and is payable in January of each year. (1985 Code, Art. 23, §§ 1-201, 1-304) (Bill No. 46-92; Bill No. 23-04)
§ 11-9-105. Revocation, denial, or suspension of license – In general.
(a) Grounds. The Director may deny, revoke, or suspend any license issued under this title for a violation of this title or any provision of County law. (b) Notice and hearing. Before denying, suspending, or revoking a license , the Director shall give notice to the applicant or licensee specifying the specific violation or reasons for the proposed action. The notice shall direct the applicant or licensee to appear before the Director at a specified time to show cause why the license should not be denied, suspended or revoked. (c) Decision. On failure or refusal of the applicant or licensee to appear or on findings at the hearing, the Director may deny, suspend, or revoke the license. (d) Service. Orders or notices by the Director under this section shall be served on the applicant or licensee by certified mail at the address shown on the application or by personal delivery. If the applicant or licensee cannot be found, it shall be sufficient to serve the person in charge of the enterprise at the premises or to post a copy of the order or notice on the premises.
§ 11-9-106. Summary revocation or suspension of license.
(a) Issuance of order. Whenever the operation of a mobile home park is so inimical to the public health, safety, and general welfare as to constitute a present public nuisance or immediate danger and thus give rise to an emergency, the Director may summarily order the immediate cessation of the violation and immediate corrective action. On failure to comply with the order, the license may be suspended or revoked without another notice or hearing. (b) Subsequent notice and hearing. Unless waived in writing by the licensee, the Director shall conduct a special hearing with respect to the summary order within 10 days after acting summarily. Notice of the hearing shall be given to the affected person in the manner set forth in § 11-9-105(b). (1985 Code, Art. 16, § 1-308)
TITLE 10. MULTIPLE DWELLINGS AND ROOMING HOUSES
Section 11-10-101. Definitions. 11-10-102. License required. 11-10-103. Fees. 11-10-104. Designation of agent by nonresident applicant. 11-10-105. Approval by Health Officer. 11-10-106. Term; renewal. 11-10-107. Display. 11-10-108. Records. 11-10-109. Transfer; notice of change of operator. 11-10-110. Notice of violations. 11-10-111. Suspension.
§ 11-10-101. Definitions.
In this title, “multiple dwelling” and “rooming house” have the meanings stated in § 15-4-101 of this Code.
§ 11-10-102. License required.
A person may not operate a multiple dwelling or rooming house without a license issued by the Department. A separate license is required for each multiple dwelling or rooming house. (1985 Code, Art. 22, § 3-101) (Bill No. 25-92; Bill No. 23-04)
§ 11-10-103. Fees.
(a) Definition. For the purpose of determining a license fee for a rooming house, "unit" means each rooming unit.
(b) Fees generally. Except as provided in subsection (c), the license fees are: Number of Units Fee 1 to 4, per unit $30 5 to 50 $120 plus $25 per unit 51 and above $1,370 plus $18 per unit
(c) Penalty fee. The County shall notify a current licensee or owner of an unlicensed multiple dwelling that a license will expire or that a license is required. Failure to apply for license renewal or an initial license within 30 days of notice by the County will result in a penalty fee of 10% or $25, whichever is greater. This penalty fee shall be assessed for each 30-day period until a renewal or initial license application plus penalty fee is received by the County. (d) Collection. The amount of fees, including penalty fees, remaining unpaid for six months after the licensee has been notified by the County shall be collected as provided in § 1-9-101 of this Code. (1985 Code, Art. 22, § 3-104) (Bill No. 37-91; Bill No. 25-92; Bill No. 82-93)
§ 11-10-104. Designation of agent by nonresident applicant.
A license may not be issued or renewed for an applicant who is not a resident of the County unless the applicant has first designated an agent and an alternate agent for the receipt of notices of violation of this title and for service of process under this title. Either the agent or the alternate agent must be a resident of the County, and a nonresident applicant may be designated to fill the other position. The applicant must provide a notarized statement authorizing the agent and the alternate agent to act on the applicant's behalf for the purpose of receiving notices under this title and for service of process under this title. (1985 Code, Art. 22, § 3-105) (Bill No. 25-92)
§ 11-10-105. Approval by Health Officer.
(a) Issuance. The Department of Inspections and Permits may not issue an initial operating license without the approval of the Health Officer. The Health Officer shall approve the issuance of a license if an inspection of the multiple dwelling or rooming house for which the license is sought reveals that the multiple dwelling or rooming house complies with the requirements of this title. (b) Noncompliance after inspection; fee. If a rooming house or multiple dwelling does not comply with the requirements of this title after an initial inspection and one re-inspection, the Health Officer may charge a fee of $80 for a second re-inspection and for any additional inspections needed until the multiple dwelling or rooming house complies with the requirements of this article. (1985 Code, Art. 22, § 3-106) (Bill No. 25-92; Bill No. 37-95; Bill No. 13-05)
Each operating license expires on January 31 of the second year following the year of application unless sooner revoked. A license may be renewed for successive periods not to exceed two years each. (1985 Code, Art. 22, § 3-107) (Bill No. 25-92)
§ 11-10-107. Display.
An operating license shall be displayed in a conspicuous place within a common way of the multiple dwelling or rooming house for which it was issued. (1985 Code, Art. 22, § 3-108)
§ 11-10-108. Records.
The owner or other person in charge of a licensed multiple dwelling or rooming house shall keep or cause to be kept records of each request for repair and each complaint by a tenant that is related to the provisions of this title and of each correction made in response to such requests and complaints. The records shall be made available by the owner or other person in charge to the Health Officer or the Director of Inspections and Permits for inspection and copying on demand. The records are admissible in any administrative or judicial proceeding as prima facie evidence of the violation or the correction of violation of this title. (1985 Code, Art. 22, § 3-109)
§ 11-10-109. Transfer; notice of change of operator.
(a) Nontransferable. A license is not transferable to another person or to another multiple dwelling or rooming house. (b) Notice of sale or other disposition. Each person holding a license shall give written notice to the Director of Inspections and Permits within one week after having transferred or otherwise disposed of the legal control of a licensed multiple dwelling or rooming house. The notice shall include the name and address of the person succeeding to the ownership or control of the multiple dwelling or rooming house. (1985 Code, Art. 22, § 3-110)
§ 11-10-110. Notice of violations.
Whenever after an inspection of a licensed multiple dwelling or rooming house or an inspection of the records required to be kept by § 11-10-108, the Health Officer finds that conditions or practices exist which are in violation of the provisions of this title, the Health Officer shall serve the owner or other person in charge with notice of the violation in the manner provided. The notice shall state that unless the violations cited are corrected within a reasonable time, the license may be suspended. (1985 Code, Art. 22, § 3-111)
(a) Generally. At the end of the time allowed for correction of a violation cited the Health Officer shall re-inspect. If the Health Officer determines that the violations have not been corrected, the Director of Inspections and Permits shall issue an order suspending the license. (b) Reconsideration. A person whose license has been suspended is entitled to a reconsideration of the order in the manner provided by this title. If a request for reconsideration does not reach the Health Officer within 21 days after the issuance of the order of suspension, the license shall be revoked unless before revocation re-inspection reveals that the violation cited in the notice has been corrected. (c) Reinstatement for compliance. Whenever after a re-inspection the Health Officer finds that the multiple dwelling or rooming house is in compliance with this title and with applicable rules and regulations issued under this title, the Director of Inspections and Permits shall reinstate the license. A request for re-inspection may not extend the suspension period unless the Health Officer grants the request. (1985 Code, Art. 22, § 3-112) (Bill No. 23-04)
TITLE 11. PARADES
Section 11-11-101. Parades.
State Code reference – Transportation Article, §§ 25-101.1, 25-102(a)(3).
§ 11-11-101. Parades.
(a) Definition. In this title, "parade" means a public procession of persons, vehicles, or floats or a combination of persons, vehicles, or floats. (b) License required. A parade may not be held without a parade license issued by the Department. (c) Application. Application for a license shall be made not less than 30 days before the parade date and promptly forwarded to the Police Department. (d) Fee. The fee for a parade license is $25. (e) Issuance. The requirement for the license shall not infringe on the freedom of the right to assemble. The license shall be issued except in instances in which the Chief of Police or the designee of the Chief of Police determines that the safety and convenience of the public in the use of the streets or sidewalks will be unduly disturbed. A parade license shall be issued by the Department in instances where the application has been made less than 30 days prior to the parade date if the Chief of Police or the designee of the Chief of Police approves the application and advises the Department in writing that the safety and convenience of the public in the use of the streets or sidewalks will not be unduly disturbed. (1985 Code, Art. 16, §§ 12-101, 12-102, 12-103, 12-104, 12-105) (Bill No. 46-92)
Section 11-12-101. Pawnbrokers. 11-12-102. Records and reports. 11-12-103. Disposal of property. 11-12-104. Transactions with intoxicated individuals or minors.
§ 11-12-101. Pawnbrokers.
(a) Definition. In this title, "pawnbroker" means a person who loans money on deposits or pledges of personal property other than securities or printed evidences of indebtedness or who deals in the purchasing of personal property on the condition of selling it back to the same person or someone acting on that person's behalf at a stipulated price. (b) License required. A person may not do business as a pawnbroker without a license issued by the Department. (c) Standards. No person required to obtain a pawnbroker's license may have: (1) ever been convicted, held liable, or found to have committed acts involving moral turpitude, including any violation of federal, state, or local law or regulation; (2) ever had a judgment entered in an action for fraud, deceit, or misrepresentation by any court of competent jurisdiction; (3) associations with individuals known to have engaged in organized crime or racketeering; (4) a financial relationship with any person known to have engaged in organized crime or racketeering; (5) had direct managerial or supervisory control over an enterprise in which there was a pattern of cheating, fraud, or employee dishonesty; or (6) engaged in any other conduct that the Director determines to be a threat to the integrity of pawnbrokering. (d) Fee. The fee for a pawnbroker's license for the first individual licensed to work at a pawnshop is $250. The fee for each additional individual licensed at the same pawnshop is $50. (e) Insurance. A person who acts as a pawnbroker may not undertake to do any work within the County unless the person carries general liability insurance in the amount of $300,000 and property damage insurance in the amount of $100,000. (f) Contents of license. A license shall designate the address where the licensee is authorized to act as a pawnbroker. (g) Expiration. A pawnbroker's license expires on April 30 of each year. (h) Revocation. A violation of this title is cause for revocation of a pawnbroker's license. (1985 Code, Art. 16, §§ 13-101, 13-102, 13-104, 13-106, 13-107, 13-108) (Bill No. 13-89; Bill No. 46-92; Bill No. 55-97)
State Code reference – Business Regulation Article, Title 12.
§ 11-12-102. Records and reports.
Pawnbrokers shall maintain permanent records of items received by them in the course of their business. A pawnbroker shall submit to the Police Department on forms prescribed by the Department a legible and correct transcription from the records maintained by the pawnbroker of
the description of items received in pawn or pledge during the preceding day's business. The transcription of the preceding day's business shall be transmitted electronically by 10:00 a.m. on the next business day. In preparing these forms: (1) diamonds and other precious stones shall be designated by giving the approximate weight of the stone, style, or mounting; whether lady's or gentleman's ring; the number of stones and initials, inscriptions, scratch numbers, or peculiar distinguishing marks or characteristics; (2) watches shall be designated by the kind of metal; maker's name; whether lady's, gentleman's, or child's; and initials, inscriptions, scratch numbers, or peculiar distinguishing marks or characteristics; (3) jewelry shall be described as to kind; character, whether lady's, gentleman's, or child's; number of stones; name of each stone; and any initials, inscriptions, or peculiar distinguishing marks or characteristics; (4) chains shall be designated by kind; character of metal or other material; design or link; whether lady's, gentleman's, or child's; and inscriptions, initials, or peculiar distinguishing marks and characteristics; (5) silverware shall be designated by the kind and character, maker's name, and initials, inscriptions, or peculiar distinguishing marks or characteristics; (6) furs shall be designated by kind; character; whether lady's, gentleman's, or child's; color; maker's name; owner's name, if attached; or initials, inscriptions, or peculiar distinguishing marks or characteristics; (7) field, marine, and opera glasses, binoculars, and other optical equipment shall be designated by full description, maker's or owner's name and initials, inscriptions, or peculiar distinguishing marks or characteristics; (8) instruments, such as surgical, architectural, mathematical, surveying, and the like, shall be designated by the kind, character, design, name or maker and any initials, inscriptions, or peculiar distinguishing marks or characteristics, whether upon the case or the instruments; (9) tools shall be designated by the trade in which the same may be used whether carpenter's, machinist's, or otherwise and numbers, name of maker or number, and initials, inscriptions, or peculiar distinguishing marks or characteristics whether on the tools or upon the box or case; (10) clothes shall be designated by kind; character; whether lady's, gentleman's, or child's; color; size; material; maker's, owner's or alterer's name, if attached; and initials, inscriptions, or peculiar distinguishing marks or characteristics; and (11) electronics, computer and office equipment, and any other tangible personal property shall be designated by kind, name of maker, model number, serial number, owner applied number, inscription or peculiar distinguishing marks or characteristics, and a statement as to whether the item is in its original box and whether it appears to be new in box. (1985 Code, Art. 16, § 13-109)
State Code reference – Business Regulation Article, Title 12.
§ 11-12-103. Disposal of property.
(a) Generally. A pawnbroker may not transfer or dispose of property for a period of 30 days after the date upon which the transaction was reported to the Police Department, except
that the property may be redeemed or repurchased with the original pawn ticket by the person who pawned the property or by that person's authorized agent. (b) Stolen items. If an item located in a pawnshop has been identified as having been stolen, the pawnbroker shall release the item without payment or reimbursement to the Police Department on written demand signed by the Chief of Police or the designee of the Chief of Police. The item shall be returned to the pawnbroker if the identification is proven erroneous. (1985 Code, Art. 16, §§ 13-110, 13-111)
§ 11-12-104. Transactions with intoxicated individuals or minors.
A pawnbroker may not transact business with a person who is obviously under the influence of intoxicating liquors or drugs or who is a minor. (1985 Code, Art. 16, § 13-112)
State Code reference – Business Regulation Article, § 12-213.
TITLE 12A. SECOND-HAND DEALER LICENSE
Section 11-12A-101. Second-hand sales. 11-12A-102. Records and reports. 11-12A-103. Disposal of property. 11-12A-104. Transactions with minors.
§ 11-12A-101. Second-hand sales.
(a) Definition. In this title, “second-hand dealer” means a person who acquires commercially from the public and trades commercially with the public in tangible personal property, but the term does not include a pawnbroker; a business that deals primarily with the purchase and sale of antiques; a charitable organization that accepts only donations; garage or yard sales; the purchase on consignment of second-hand clothing, furniture, books, or baby accessories and toys; activities of a club, school, church, or charitable organization that include the sale of donated items; or auctions, estate sales, conventions, or trade shows. (b) License required. A person may not do business as a second-hand dealer without a license issued by the Department. (c) Standards. No person required to obtain a second-hand dealer’s license may have: (1) ever been convicted, held liable, or found to have committed acts involving moral turpitude, including any violation of federal, State, or local law or regulation; (2) ever had a judgment entered in an action for fraud, deceit, or misrepresentation by any court of competent jurisdiction; (3) associations with individuals known to have engaged in organized crime or racketeering; (4) a financial relationship with any person known to have engaged in organized crime or racketeering;
(5) had direct managerial or supervisory control over an enterprise in which there was a pattern of cheating, fraud, or employee dishonesty; or (6) engaged in any other conduct that the Director determines to be a threat to the integrity of the business of second-hand sales. (d) Fee. The fee for a second-hand dealer’s license for the first individual licensed to work as a second-hand dealer is $250. The fee for each additional individual licensed at the same location is $50. (e) Insurance. A person who acts as a second-hand dealer may not undertake to do any work within the County unless the person carries general liability insurance in the minimum amount of $300,000 and property damage insurance in the minimum amount of $100,000. (f) Contents of license. A license shall designate the address where the licensee is authorized to act as a second-hand dealer. (g) Expiration. A second-hand dealer’s license expires on September 30 of each year. (h) Revocation. A violation of this title is cause for revocation of a second-hand dealer’s license. (Bill No. 76-10)
§ 11-12A-102. Records and reports.
Second-hand dealers shall maintain permanent records of items received by them in the course of their business. A second-hand dealer shall submit to the Police Department on forms prescribed by the Department a legible and correct transcription from the records maintained by the second-hand dealer of the items purchased for resale during the preceding day’s business. The transcription of the preceding day’s business shall be transmitted electronically by 10:00 a.m. on the next business day. In preparing these forms: (1) the person from whom the item was purchased shall be identified by name, address, telephone number, date of birth, driver’s license number, and physical description, including sex, race, distinguishing features, height, weight, and hair and eye color; (2) the form shall include a statement as to whether the item was received in its original box and whether it appears to be new in the box; (3) diamonds and other precious stones shall be designated by the approximate weight of the stone, style, or mounting, whether a lady’s or gentleman’s ring, the number of stones and initials, inscriptions, scratch numbers, or peculiar distinguishing marks or characteristics; (4) watches shall be designated by the kind of metal, maker’s name, whether lady’s, gentleman’s, or child’s, and initials, inscriptions, scratch numbers, or peculiar distinguishing marks or characteristics; (5) jewelry shall be described as to kind, character, whether lady’s, gentleman’s, or child’s, number of stones, name of each stone, and any initials, inscriptions, or peculiar distinguishing marks or characteristics; (6) chains shall be designated by kind, character of metal or other material, design or link, whether lady’s, gentleman’s, or child’s, and inscriptions, initials, or peculiar distinguishing marks and characteristics; (7) silverware shall be designated by the kind and character, maker’s name, and initials, inscriptions, or peculiar distinguishing marks or characteristics;
(8) field, marine, and opera glasses, binoculars, and other optical equipment shall be designated by full description, maker’s or owner’s name and initials, inscriptions, or peculiar distinguishing marks or characteristics; (9) instruments, such as surgical, architectural, mathematical, surveying, and the like, shall be designated by the kind, character, design, name or maker and any initials, inscriptions, or peculiar distinguishing marks or characteristics, whether upon the case or the instruments; (10) tools shall be designated by the trade in which used, whether carpenter’s, machinist’s, or otherwise, and numbers, name of maker or number, and initials, inscriptions, or peculiar distinguishing marks or characteristics whether on the tools or upon the box or case; and (11) electronics, electronic gaming systems and games, computer and office equipment, and any other tangible personal property shall be designated by kind, name of maker, model number, serial number, owner applied number, inscription or peculiar distinguishing marks or characteristics. (Bill No. 76-10)
§ 11-12A-103. Disposal of property.
(a) Generally. A second-hand dealer may not alter, transfer, or dispose of property for a period of 30 days after the date upon which the transaction was reported to the Police Department. (b) Stolen items. If an item located in a second-hand store has been identified as having been stolen, the second-hand dealer shall release the item without payment or reimbursement to the Police Department on written demand signed by the Chief of Police or the designee of the Chief of Police. The item shall be returned to the second-hand dealer if the identification is proven erroneous. (Bill No. 76-10)
§ 11-12A-104. Transactions with minors.
A second-hand dealer may not transact business with a person who is a minor. (Bill No. 76-10)
(a) Definition. In this title, "roadside vendor" means a person who sells or offers for sale goods or food of any kind at a fixed location on or abutting any road in the County, but the
term does not include a person who sells Christmas trees, produce grown on the premises, or, in an RA District, produce of any kind. (b) License required. A person may not operate as a roadside vendor in the County without a roadside vendor's license issued by the Department. (c) Display. The vendor shall display the license in a conspicuous location at each site where the vendor is operating. (d) Fees. The fee for a roadside vendor's license is: (1) $250 per year, expiring one year from the date of issuance; (2) $50 for relocation of an existing annual license during the term of the license; or (3) $25 per day. (1985 Code, Art. 16, §§ 15-101, 15-102, 15-103, 15-104) (Bill No. 39-95; Bill No. 87-95)
§ 11-13-102. Performance standards.
A roadside vendor shall: (1) operate only where the use is allowed by Article 18 of this Code; (2) obtain the written permission of each property owner on whose property the vendor's operation is located; (3) operate in a manner that permits safe ingress and egress to and from the site of the operation, as may be required by the Department; (4) provide sufficient off-street parking for the vendor's customers and employees, as may be required by the Department; (5) meet all applicable criteria of the Health Department; (6) at each site, utilize no more than one display sign, that may be no larger than 24 square feet; and (7) adhere to the provisions of this title. (1985 Code, Art. 16, § 15-105) (Bill No. 39-95; Bill No. 87-95)
§ 11-13-103. Suspension; revocation.
The Director may suspend or revoke a roadside vendor's license if the Director finds that the vendor has violated the provisions of this article. (1985 Code, Art. 16, § 15-106) (Bill No. 39-95)
TITLE 14. SWIMMING POOLS
Section Subtitle 1. Definitions; General Provisions
11-14-101. Definitions. 11-14-102. Scope. 11-14-103. Rules and regulations. 11-14-104. Plan review; fees.
Subtitle 2. Licenses 11-14-201. Pool license required.
11-14-202. Pool operator license required. 11-14-203. Lifeguard license required. 11-14-204. Term. 11-14-205. Denial, suspension, and revocation.
Subtitle 3. Operation 11-14-301. Scope. 11-14-302. Duties of owners and operators. 11-14-303. Plans and specifications; no hazards. 11-14-304. Personnel; safety equipment. 11-14-305. Condition of pool.
Subtitle 4. Modifications and Previously Approved Pools and Spas 11-14-401. Modifications.
SUBTITLE 1. DEFINITIONS; GENERAL PROVISIONS
§ 11-14-101. Definitions.
In this title, the following words have the meanings indicated. (1) "Health Officer" means the Anne Arundel County Health Officer or the Health Officer's designee. (2) "Operator" means a person designated by the owner of a pool to be in immediate control of the pool. (3) "Owner" means any person under whose authority a pool is being constructed, remodeled, reconstructed, or operated. (4) "Private swimming pool" means a swimming pool at a single-family dwelling located on private property under the control of a homeowner or tenant, the use of which is limited to members of the homeowner's or tenant's family and nonpaying invited guests. (5) "Public pool" means a pool or spa other than a private or semi-public swimming pool that is intended to be used for swimming or bathing. (6) “Semi-public pool” means a swimming pool for use by residents of a development restricted to adults aged 55 or older with a maximum surface area of 2,500 sq. ft. and maximum depth of five feet. (7) "Spa" means a pool, hot tub, or whirlpool that is primarily designed for relaxation or therapeutic use and not for swimming; not more than four feet in depth; equipped with built-in seats or benches; and usually equipped with hydrotherapy jets, heated water, an air injection system, or some combination of these features. (8) "Therapy pool" means a pool that is exclusively used in the physical treatment of a disease, injury, or disorder. (9) "Wading pool" means a pool with a water depth of 24 inches or less that is intended for use by children. (1985 Code, Art. 16, § 16-101) (Bill No. 16-85; Bill No. 89-97; Bill No. 49-12)
§ 11-14-102. Scope.
This title applies to existing and newly constructed public and semi-public pools. (1985 Code, Art. 16, § 16-102) (Bill No. 89-97)
The Health Officer may adopt rules and regulations to standardize procedures for the administration of this title and to provide reasonable and necessary standards for the construction, operation, or safety of public and semi-public pools and their equipment. Copies of rules and regulations shall be provided to each person holding licenses issued under this title. (1985 Code, Art. 16, § 16-103) (Bill No. 89-97)
§ 11-14-104. Plan review; fees.
(a) Requirement. The Health Department shall conduct plan reviews for public and semi-public swimming pools and spas as required by applicable State law and regulation. (b) Fees. The fees for plan review are $500 for a public or semi-public pool and $750 for a public or semi-public pool with a spa. (Bill No. 13-05; Bill No. 42-08)
SUBTITLE 2. LICENSES
§ 11-14-201. Pool license required.
(a) Generally. A public or semi-public pool may not be operated or maintained without a license issued by the Health Officer. (b) Issuance. The Health Officer shall issue a nontransferable license after an application is filed with the Health Officer by the owner of the public or semi-public pool on the form required by the Health Officer, the payment of required fees, and the written approval of the Health Officer. (c) Fees. The application fees are: (1) $725 for public and semi-public pools and spas operating six months or more per year; and (2) $350 for public and semi-public pools and spas operating less than six months per year. (1985 Code, Art. 16, § 16-201) (Bill No. 37-91; Bill No. 46-92; Bill No. 37-95; Bill No. 89-97; Bill No. 13-05; Bill No. 42-08)
§ 11-14-202. Pool operator license required.
(a) Generally. A person may not operate a public or semi-public pool without an operator's license issued by the Health Officer. (b) Issuance. The Health Officer shall issue a license on: (1) application for a license filed by an individual who is at least 16 years old on forms required by the Health Officer; (2) payment of an application fee of $20; and (3) approval of the Health Officer based on a finding that the applicant has successfully completed a training course approved by the Health Officer qualifying the applicant to operate a public or semi-public pool, including training courses offered in high school,
college, or by correspondence or demonstrated ability to operate a public or semi-public pool by passing an examination administered by the Health Officer. (1985 Code, Art. 16, § 16-202) (Bill No. 37-91; Bill No. 46-92; Bill No. 89-97; Bill No. 42-08)
§ 11-14-203. Lifeguard license required.
(a) Generally. A person may not act as a lifeguard at a public or semi-public pool without a license issued by the Health Officer. (b) Issuance. The Health Officer shall issue a license on: (1) application for a license filed by an individual who is at least 16 years old on forms provided by the Health Officer; (2) the payment of an application fee of $20; and (3) the written approval of the Health Officer based upon a finding that the applicant possesses a valid lifeguard certificate from the American Red Cross; Young Men’s Christian Association; the Boy Scouts of America, not including a lifeguard merit badge; or similar organization recognized by the Health Officer. (1985 Code, Art. 16, § 16-203) (Bill No. 37-91; Bill No. 46-92; Bill No. 89-97; Bill No. 42-08)
§ 11-14-204. Term.
A license issued under this title expires on April 30 of each year. (1985 Code, Art. 16, § 16-204)
§ 11-14-205. Denial, suspension, and revocation.
(a) Denial. When a public or semi-public pool does not meet the requirements of this title, the Health Officer shall deny the license within 30 days of receipt of an application by notifying the owner in writing of the reason or reasons for the denial; of the action to be taken in order for the pool or spa to qualify for a license; that the owner may request from the Health Officer an opportunity for a hearing on the denial; and that to preserve the right to a hearing, the owner shall contact the Health Officer within 30 days of the receipt of the notice of denial. (b) Suspension or revocation. The Health Officer may suspend or revoke a license issued under this title if the license was fraudulently obtained or erroneously issued; the licensee violated or is liable for violation of any provision of this title or rules and regulations adopted in accordance with this title; or the negligence or recklessness of a licensee results in death or injury to a patron at a public or semi-public pool. (c) Notice of reasons and hearing. A license may not be suspended or revoked unless: (1) the licensee is given written notice by certified mail of the reasons for the proposed suspension or revocation at least 10 days before a hearing; and (2) a hearing is held at which the licensee is permitted to be represented by counsel, present evidence, and cross-examine witnesses and the grounds for the suspension or revocation are proved by a preponderance of the evidence. (d) Immediate suspension; hearing unless violations are corrected. Notwithstanding the provisions of subsection (c), the Health Officer shall immediately suspend a license issued under this title whenever an inspector has reasonable grounds to believe that
violations of the provisions of this title or rules and regulations adopted in accordance with this title present an immediate threat to the health or safety of patrons at a public or semi-public pool. Within three days after receipt of a written request from the licensee, the Health Officer shall conduct a hearing to determine whether the license should be reinstated. At the hearing the licensee may be represented by counsel, present evidence, and cross-examine witnesses. The license may not be reinstated unless it is proven by clear and convincing evidence that the violations have been corrected or do not present an immediate threat to the health or safety of patrons at a public or semi-public pool. The Health Officer may reinstate a license that has been suspended in accordance with this subsection without a hearing if the violations have been corrected. (e) Decisions. Decisions made after a hearing shall be in writing, state the reasons for the decision, and be rendered within five days after the hearing. (1985 Code, Art. 16, § 16-205) (Bill No. 89-97)
Charter reference – §§ 601 et seq.
SUBTITLE 3. OPERATION
§ 11-14-301. Scope.
The provisions of this subtitle apply to the construction and operation of public and semi-public pools. (1985 Code, Art. 16, § 16-301) (Bill No. 89-97)
§ 11-14-302. Duties of owners and operators.
(a) Owners. Each owner of a public or semi-public pool shall operate the pool in conformance with the provisions of this title, the rules and regulations adopted in accordance with this title, and State law as set forth under COMAR, 10.17.01, and is liable for violations of the provisions of this title and State and County rules and regulations. For purposes of this title, the operator of a public or semi-public pool is the agent of the owner of the pool and may be served with a notice under this title on behalf of the owner. (b) Operators. Each operator of a public or semi-public pool shall operate the pool in conformance with the provisions of this title and the rules and regulations adopted in accordance with this title, and is liable for violations of the provisions of this title and the rules and regulations that occur or continue while the person is acting as operator of the pool. (c) Reports to Health Officer. A public or semi-public pool owner shall ensure that an injury occurring at a pool that results in death or resuscitation or admission to a hospital is reported to the Health Officer within five days of the incident and that a waterborne illness contracted at a pool is reported to the Health Officer no more than 24 hours after the owner or operator becomes aware of the incident. (1985 Code, Art. 16, § 16-302) (Bill No. 89-97)
§ 11-14-303. Plans and specifications; no hazards.
(a) Plans and specifications. A person may not construct or make changes to a public or semi- public swimming pool or its appurtenances until the plans and specifications have been submitted to and received approval from the Health Officer. Approval of plans shall be based upon compliance with State regulations, including those set forth under COMAR, 10.17.01, and the rules and regulations adopted in accordance with this title. (b) No hazards. An owner shall maintain a public or semi-public pool free from suction entrapment hazards. Conditions that constitute or cause or may reasonably be known to constitute or cause health or safety hazards may not be permitted in or in the vicinity of a public or semi-public pool. Bathhouses, locker rooms, and similar types of changing areas associated with a public or semi-public pool shall be kept free of health and safety hazards. (1985 Code, Art. 16, § 16-303) (Bill No. 89-97)
§ 11-14-304. Personnel; safety equipment.
(a) Pool operator. A public or semi-public pool may be operated only under the immediate supervision and control of an individual possessing a current and valid pool operator's license issued by the Health Officer. The license shall be conspicuously displayed in the immediate vicinity of the pool when the operator is on duty. (b) Lifeguards. A public pool, except a spa or a pool or multiple pools within one enclosure with a total water surface area of less than 2,500 square feet and a maximum depth of five feet on the grounds of a hotel or motel for the exclusive use of its registered guests, may be operated only under the active, onsite supervision and under the direct observation of individuals holding current and valid lifeguard licenses issued by the Health Officer. The number of licensed lifeguards required shall be determined by the following table:
Number of Persons in Water Number of Lifeguards 1 to 50 1 51 to 100 2 101 to 150 3 For each additional 50 persons 1
(c) Simultaneous operator and lifeguard. A public pool, except a spa or a pool or multiple pools within one enclosure with a total water surface area of less than 2,500 square feet and a maximum depth of five feet on the grounds of a hotel or motel for the exclusive use of its registered guests, may not be operated with the same person acting simultaneously as an operator and lifeguard unless the pool is closed to use whenever the lifeguard is not physically present on the deck of the pool. (d) CPR and first aid certificates. A public or semi-public pool may be operated only under the onsite supervision of an individual possessing a current and valid infant/child/adult CPR (cardiopulmonary resuscitation) certificate and a valid first aid certificate issued by the American Heart Association, the American Red Cross, or a similar organization recognized by the Health Officer. (e) Required equipment. Each public and semi-public pool shall be equipped with a first aid kit and an automated external defibrillator (AED) device approved by the Health Officer and the following safety equipment: a face mask for CPR; disposable latex plastic gloves; a bloodborne pathogen control kit; a light, strong rescue pole not less than 10 feet long; a rescue tube designed for lifesaving for each required lifeguard; two blankets; a cot; a backboard
designed for medical emergency use that is equipped with straps and head immobilizer; a telephone shall be provided within the pool enclosure or other approved location. (f) Signs. An owner of a public or semi-public pool or of a public or semi-public spa, as those spas are defined in COMAR 10.17.01.05, shall post signs as required by COMAR 10.17.01.40F. at each pool and spa. (1985 Code, Art. 16, § 16-304) (Bill No. 89-97; Bill No. 52-12; Bill No. 18-16)
§ 11-14-305. Condition of pool.
(a) Water-testing kits. Approved water-testing kits shall be provided at each public and semi-public pool for determining the pH level, the free available chlorine, and the total available chlorine. The test kit shall use the DPD (diethyl-phenylene diamine) method for testing free available chlorine. If a pool is stabilized by the use of cyanuric acid, an approved test kit for measuring cyanuric acid shall be provided. (b) Turbidity. The turbidity of the water in a public or semi-public pool may not visually obscure the view of the main drain or the bottom of the pool. (c) Free chlorine residual. The free chlorine residual shall be maintained between 1.5 and 5.0 parts per million in public or semi-public pools, between 3.0 and 5.0 parts per million in wading and therapy pools, and between 4.0 and 5.0 parts per million in spas. (d) Combined chlorine. The maximum amount of combined chlorine shall be 0.2 parts per million for public and semi-public pools and spas. (e) Disinfectants other than chlorine. Disinfectants other than chlorine may be utilized in a pool when approved by the Health Officer and must be maintained in the concentrations specified in State regulations as set forth under COMAR, 10.17.01. (f) Cyanuric acid. In pools stabilized by use of cyanuric acid, the level of cyanuric acid must be maintained between 30 and 100 parts per million. (g) pH level. The pH level of public and semi-public pools shall be maintained between 7.2 and 7.8. (h) Filtered water. The delivery of filtered water to a public or semi-public pool may not be interrupted for more than one hour in any one continuous 24-hour period, excluding time required for backwashing operation, cleaning hair and lint traps, and cleaning of the chlorinator. (i) Disinfectants. The owner shall ensure that a disinfectant or combination of disinfectants is added to the water automatically through an approved chemical feeder to maintain chlorine or disinfectant residuals. The automatic disinfectant feeder may not be inoperative in excess of 24 consecutive hours. Chemicals may not be added during any inoperative period except in the manner prescribed by the Health Officer. (1985 Code, Art. 16, § 16-305) (Bill No. 89-97)
SUBTITLE 4. MODIFICATIONS AND PREVIOUSLY APPROVED POOLS AND SPAS
§ 11-14-401. Modifications.
(a) Request. An owner may request a modification from a requirement of this title by submitting a written request to the Health Officer that contains specific details of the alternative procedure proposed; specifies the applicable regulation to which the modification pertains;
explains the reason for the request; provides the name and address of the owner; provides the name and location of the facility; and demonstrates that the alternate procedure proposed meets or produces the intended effect of the regulation for which the modification is requested and maintains the protection of the health and safety of the individuals using the facility at or above the level required by the regulation from which the variance is requested. (b) Decision. Decisions on modification requests submitted under this section shall be made in writing and rendered by the Health Officer within 30 days after receipt of the written request. The decision shall specify the section of this title to which the variance applies, state the reasons for the decision, and require the owner to indemnify the County against liability arising from the modification. (c) Exemption. The owner of a pool that was approved by the Health Officer for construction before the adoption of this title may submit a written request to the Health Officer which exempts the previously approved pool or spa from complying with this title and State regulation as set forth under COMAR, 10.17.01, except when the previously approved pool or spa has a condition that jeopardizes the health or safety of the public or an owner intends to alter the previously approved pool or spa, including appurtenant structures and equipment. (d) Maintenance and repairs of pools and spas approved before adoption of this title without compliance with this subtitle. The owner of a pool or spa that was approved by the Health Officer for construction before the adoption of this title shall maintain the pool or spa, including appurtenant structures and equipment, as originally approved and may complete a repair that restores the pool or spa to its original condition before damage or deterioration without complying with the requirements of this title when the repair: (1) costs less than 25% of the replacement value of the pool or spa, including appurtenant structures and equipment; (2) consists of the same or equivalent materials and components having the same specifications, operating characteristics, and certifications as the original construction; and (3) does not create a danger or allow a danger to continue that threatens the health and safety of an individual using the pool or spa. (e) Repairs of pools and spas approved before adoption of this title in compliance with this title. The owner of a pool or spa that was approved by the Health Officer for construction before the adoption of this title shall ensure that a repair complies with all applicable provisions of this title when completing a repair that: (1) costs more than 25% of the replacement value of the pool or spa, including appurtenant structures and equipment; or (2) alters the materials or components of the original construction. (1985 Code, Art. 16, § 16-501) (Bill No. 89-97)
TITLE 15. TAXICABS
Section Subtitle 1. Definitions; General Provisions
11-15-101. Definitions. 11-15-102. Taxicabs not licensed by the County. 11-15-103. Suspension; revocation.
Subtitle 2. Licenses 11-15-201. Change of owner, location, or address; notifications. 11-15-202. Vehicle license and decal. 11-15-203. Operator's license. 11-15-204. Provisional taxicab operator's license.
Subtitle 3. Operation of Taxicabs
11-15-301. Compliance with title. 11-15-302. Rate schedule and fares. 11-15-303. Duties. 11-15-304. Daily records; trip manifest; inspection. 11-15-305. Accident reports.
Subtitle 4. Taxicab Condition and Equipment
11-15-401. Identification of taxicab. 11-15-402. Taximeters. 11-15-403. Other equipment and general condition. 11-15-404. Inspections.
SUBTITLE 1. DEFINITIONS; GENERAL PROVISIONS
§ 11-15-101. Definitions.
In this title, the following words have the meanings indicated. (1) "Owner" means the person in whose name a taxicab is registered with the State Motor Vehicle Administration and the taxicab company. (2) "Taxicab" means a motor vehicle for hire that is a closed passenger vehicle with at least three doors; is designed to carry seven or fewer individuals, including the taxicab operator; and operates on call or demand, soliciting or accepting passengers indiscriminately for transportation for hire from points along streets in the County to destinations that the passengers request. (1985 Code, Art. 16, § 17-101) (Bill No. 56-97; Bill No. 24-00)
§ 11-15-102. Taxicabs not licensed by the County.
A taxicab that does not have a taxicab vehicle license issued by the County or a municipal corporation within the County may not provide any service in the County except that it may bring passengers from a community outside of the County into the County and may wait at the destination of those passengers to provide further service to a destination outside of the County if requested to do so by the passengers. (1985 Code, Art. 16, § 17-102) (Bill No. 56-97; Bill No. 24-00)
§ 11-15-103. Suspension; revocation.
The Department may suspend or revoke a vehicle license or taxicab operator's license upon a failure to meet the qualifications for obtaining the license or for any violation of this title.
The Department shall provide notice and the opportunity for a hearing before suspending or revoking a license. (1985 Code, Art. 16, § 17-501) (Bill No. 24-00)
SUBTITLE 2. LICENSES
§ 11-15-201. Change of owner, location, or address; notifications.
(a) Notification by owner and return of license. An owner shall notify the Department in writing within 48 hours: (1) of a change in business or residence address; (2) of a change in ownership or ownership interest; (3) whenever a taxicab operator leaves the service of the owner, in which event the owner shall return the operator's license if the license is in the possession of the owner; (4) if a taxicab has been sold, junked, or permanently taken out of service or taken out of service for more than 72 hours for a reason other than that it has been sold, junked, or permanently taken out of service, in which event the owner shall return the vehicle license; and (5) if the vehicle registration for a taxicab is revoked, in which event the owner shall return the vehicle license. (b) Notification by operator; operation only for designated owner; return of license. A taxicab operator shall: (1) notify the Department in writing of a change of residence address within 48 hours of the change; (2) operate only for the owner designated on the operator's license unless the Department provides written permission for the operator to operate for another owner; and (3) surrender the taxicab operator's license to the owner or to the Department if the operator leaves the service of the owner. (1985 Code, Art. 16, § 17-201) (Bill No. 24-00)
§ 11-15-202. Vehicle license and decal.
(a) Requirement. An owner may not allow a taxicab to be operated in the County without a valid vehicle license and decal issued by the County. (b) Qualifications. A vehicle license and decal may be issued to an applicant whose vehicle: (1) is ten or fewer model years old, measured by the period of time from October 1 through the following September 30; (2) is registered with the State of Maryland Motor Vehicle Administration as a Class B (for hire) vehicle; (3) has been inspected by and obtained a certificate of inspection from an inspection station licensed by the State; (4) is insured by a liability insurance policy or is certified as a Class B self-insurer with a valid certificate of self-insurance issued by the State of Maryland Motor Vehicle Administration in compliance with the Transportation Article of the State Code and COMAR 11.18.02.01, et seq. and 11.18.02.04, that insures the owner and operator against
liability to passengers or members of the general public for property damage or bodily injury arising out of an accident, as follows: the payment of claims for bodily injury or death of at least $50,000 for any one person and at least $100,000 for any two or more persons, in addition to interest and costs, and the payment of claims for property damage of at least $20,000, in addition to interest and costs; and (5) complies with all other provisions of this title. (c) Denial. The Department may deny a vehicle license if an applicant: (1) has had a vehicle license or similar permit or license permanently revoked in another jurisdiction; (2) has had a vehicle license revoked once or suspended twice; (3) has made a false statement under oath of a material question on a form required by the Department; (4) filed an application within the preceding six months that was denied; or (5) has violated provisions of this title or of County, State, or federal law. (d) Application. An applicant for a vehicle license and decal shall file an application with the Department on forms required by the Department and shall sign the application under oath. (e) Fees. The fee for a vehicle license and decal is $100. The fee to transfer a license during the term of the existing license is $25. The fee to issue a duplicate license is $25. (f) Issuance. The Department shall issue a vehicle license and decal to an applicant who has submitted all information required by the application form, paid the required fees, and met the qualifications for obtaining the license. (g) Display. A vehicle license shall be displayed publicly in a conspicuous place in the taxicab for which it was issued and be subject to inspection on demand of the proper representatives of the County or by police authorities of the State, County, or a municipal corporation. A vehicle license decal shall be attached to the exterior of the taxicab as required by the Department. (h) Expiration. A vehicle license and decal expire on October 31 of each year. (i) Renewal. An application for renewal shall be filed on or before October 21 of each year. (j) Late fee. The Department may impose a $2.50 per day late fee for each day after October 31 that an application remains incomplete or the fee is not paid. (1985 Code, Art. 16, §§ 17-204, 17-205, 17-206, 17-207, 17-208) (Bill No. 56-97, Bill No. 24-00; Bill No. 70-03; Bill No. 50-04; Bill No. 21-12)
§ 11-15-203. Operator's license.
(a) Requirement. A person may not operate a taxicab for hire in the County without a valid taxicab operator's license issued by the Department. (b) Qualifications. A taxicab operator's license may be issued to an applicant who: (1) is at least 21 years old; (2) is a citizen of the United States or a permanent resident alien authorized to work in the United States by the United States Immigration Service; (3) holds a valid State driver's license; (4) demonstrates an ability to read and find locations on a map of the County and to comprehend and follow oral directions to a destination; and
(5) is not subject to an infirmity of body or mind that may render the applicant unfit for the safe operation of a taxicab. (c) Denial. The Department may deny an operator's license if an applicant: (1) has a record of repeated and persistent violations of motor vehicle laws; (2) has been convicted of or entered a plea of guilty or nolo contendere to the violation of a law involving moral turpitude, including a sexual offense, an alcohol or narcotics offense, or a gambling offense; (3) is on parole or probation for a criminal or traffic offense; (4) has, within three years immediately preceding the date of the application, been released from a penal or correctional institution; (5) has diplomatic immunity; (6) has had a taxicab operator's license or a similar permit or license permanently revoked in another jurisdiction; (7) has had a license to operate a taxicab revoked once or suspended twice; (8) has made a false statement under oath of a material question on a form required by the Department; (9) filed an application within the preceding six months that was denied; or (10) has violated provisions of this title or of County, State, or federal law. (d) Fees. The fee for a taxicab operator's license is: (1) $100 for the initial license; (2) $75 for a renewal license; (3) $25 when a licensed operator transfers to a different owner during the term of an existing license; and (4) $25 for a duplicate license. (e) Investigation. The Department shall forward each application to the Police Department, and the Police Department shall inquire into the qualifications of the applicant and forward to the Department a report of its findings. The Department shall determine whether to issue the operator's license. (f) Issuance. The Department shall issue a taxicab operator's license to an applicant who has submitted all information required by the application form, paid the required fees, and met the qualifications for obtaining the license. (g) Display. A licensee shall wear the license card issued by the Department whenever operating a taxicab for business purposes. (h) Expiration. A taxicab operator's license expires on January 31 of each year. (i) Renewal. An application for renewal shall be filed by January 21 of each year. (j) Late fee. The Department may impose a $1 per day late fee for each day after January 31 that the application remains incomplete or the required fee is not paid. (1985 Code, Art. 16, §§ 17-211, 17-212, 17-213, 17-215, 17-216, 17-217) (Bill No. 46-92; Bill No. 56-97; Bill No. 24-00; Bill No. 50-04)
(a) Generally. On receipt of a completed taxicab operator's license application, a copy of the applicant's driving record from the Motor Vehicle Administration, and a $25 payment towards the initial license fee, the Department may issue a provisional taxicab operator's license.
(b) Content. A provisional taxicab operator's license shall identify the applicant and the owner. (c) Expiration. A provisional taxicab operator's license expires 45 days after the date of issuance. (d) Fingerprinting; release form; fee. Within 20 days after the date of issuance of a provisional taxicab operator's license, the applicant shall be fingerprinted by the County police and provide the Department with a completed criminal history release form and pay the processing fee required to obtain the history. (e) Investigation. The Department shall forward each application to the Police Department, and the Police Department shall inquire into the qualifications of the applicant and forward to the Department a report of its findings. The Department shall determine whether to issue the operator's license. (f) Issuance. The Department shall issue a provisional taxicab operator's license to an applicant who has submitted all information required by the application form, paid the required fees, and met the qualifications for obtaining the license. (g) Display. A licensee shall wear the provisional license card issued by the Department whenever operating a taxicab for business purposes. (h) Doctor's certification; fee. Before the expiration of the provisional taxicab operator's license, the applicant shall provide the Department with a doctor's certification that the applicant is not subject to an infirmity of body or mind that may render the applicant unfit for the safe operation of a taxicab and pay the balance of the fee required for an initial taxicab operator's license. (i) Extension. The Department may extend a provisional taxicab operator's license for up to 30 days. (1985 Code, Art. 16, § 17-214) (Bill No. 56-97; Bill No. 24-00; Bill No. 14-01)
SUBTITLE 3. OPERATION OF TAXICABS
§ 11-15-301. Compliance with title.
An owner may not knowingly permit a taxicab to be driven on a street in the County unless the taxicab complies with the provisions of this title. (1985 Code, Art. 16, § 17-301) (Bill No. 24-00)
§ 11-15-302. Rate schedule and fares.
(a) Fare rates. Each taximeter shall be set to register fares on the following schedule of rates: (1) for the first one-tenth of a mile or fraction thereof, $2.00; (2) for each additional one-tenth of a mile or fraction thereof, $0.25; and (3) for each 37.5-second period of waiting time, $0.25. (b) Charges for suitcases and the like. The charge for each suitcase carried, in excess of two, is $0.25. The charge for each trunk, footlocker, or other oversized personal property is $1.00.
(c) Proximity to cab stand. The charge for a call answered three or more miles from the cab stand that does not return within a three-mile zone of the cab stand is $5.00 or the taximeter charge, whichever is greater. (d) Ride sharing. The Department shall approve the fares to be charged when passengers agree to share a taxicab to different destinations, and the fares shall be posted in each taxicab. (e) Tolls. The passenger shall pay all tolls, on both the outgoing and return trip. (f) Animals. A taxicab operator may refuse to transport an animal or may agree to do so for a charge not to exceed $5.00, except that a taxicab operator shall transport without charge an animal licensed to assist the disabled. (g) Airport taxicab surcharge. Airport taxicabs holding the concession rights to work out of Baltimore-Washington International Airport may add a $0.90 surcharge for trips originating from the airport. (h) Weather-related emergency conditions. During weather-related emergency conditions designated for the County by the Maryland State Police, taxicab operators may add a surcharge of 25% of the metered fare, with a minimum surcharge of $1.00. (i) Display. An owner or taxicab operator shall display the rate schedule in the passenger section of the taxicab. (j) Prohibition. An owner or taxicab operator may not charge or attempt to charge a customer a fare in excess of the rates authorized under this section. (1985 Code, Art. 16, § 17-302) (Bill No. 14-91; Bill No. 56-97; Bill No. 24-00; Bill No. 50-04; Bill No. 62-05; Bill No. 47-06; Bill No. 73-08; Bill No. 95-08)
§ 11-15-303. Duties.
(a) Owner duties. An owner may not permit a taxicab to be operated by the same taxicab operator for more than a total of 12 hours in a 24-hour period. (b) Operator duties. A taxicab operator shall: (1) accept an orderly person as a passenger upon request, unless previously engaged or prohibited from doing so by the provisions of this title or another law or regulation; (2) proceed with a passenger to the requested destination by the shortest practicable route; (3) give a receipt for fares on an authorized form upon request; (4) deliver fares and other legal charges received to the owner; (5) answer promptly all communications from the Department; and (6) carry only one person in the front seat with the driver and, in other seats, no more than the number of passengers for which passenger restraints are available. (c) Operator prohibitions. A taxicab operator may not: (1) permit another person to use the taxicab operator's license; (2) permit an unlicensed person to drive the taxicab for hire; (3) operate a taxicab for more than a total of 12 hours in a 24-hour period; (4) smoke while transporting a passenger without the passenger's consent; (5) refuse or fail upon request to inform a passenger or prospective passenger of the number of the taxicab or the correct rate or fare; (6) willfully mislead or misconvey a passenger; (7) use abusive, indecent, or offensive language;
(8) operate a taxicab recklessly, in an unsafe manner, or in disregard of the public general or local laws of this State governing the operation of motor vehicles; (9) require a passenger to share a taxicab with another person; (10) refuse service in order to group passengers more profitably; or (11) transport non-paying passengers in the taxicab unless an off-duty sign is displayed. (1985 Code, Art. 16, § 17-303) (Bill No. 24-00)
(a) Daily records. Daily records, including records of telephone calls accepted and calls refused, shall be kept in a form that will ensure their accuracy. Daily records shall be preserved and available for examination for one year and be maintained at the taxicab company's place of business in the County. (b) Trip manifest. A taxicab operator shall keep a trip manifest in which the operator shall enter for each engagement immediately on completion the points of origin and destination, the times of beginning and completion, the fare collected, and the number of passengers. Entries in a trip manifest shall be made legibly, and the trip manifest shall be signed by the operator. The trip manifest shall be preserved and made available for examination for a period of one year. (c) Inspection. The Department and police officers may inspect daily records and trip manifests and confiscate incomplete or inaccurate daily records and trip manifests. (1985 Code, Art. 16, § 17-304) (Bill No. 56-97; Bill No. 24-00)
§ 11-15-305. Accident reports.
If a taxicab is involved in an accident resulting in injury to person or property or an accident occurs while a taxicab is occupied by a passenger, a written report of the accident shall be submitted to the Department within three days after the accident. The report shall include the following information: date and time of the accident; operator's name and license number; vehicle license number; extent of the damage; and whether the cab was in service at the time of the accident. (1985 Code, Art. 16, § 17-305) (Bill No. 24-00)
SUBTITLE 4. TAXICAB CONDITION AND EQUIPMENT
§ 11-15-401. Identification of taxicab.
(a) Name and vehicle license number. The owner shall have the full name of the taxicab company permanently printed on one door on each side of the taxicab in letters at least two and one-half inches high and the vehicle license number painted on each side of the taxicab near the rear window. (b) Color scheme. An owner may adopt and employ a distinctive color scheme or insignia and shall register the color scheme or insignia with the Department. An owner may not attempt to mislead the public by imitating a color scheme or insignia already approved by the Department. (1985 Code, Art. 16, § 17-403) (Bill No. 56-97; Bill No. 24-00)
(a) Generally. A taxicab shall be equipped with a taximeter of a make and design approved by the Department. Unless a rate schedule approved by the Department applies, a taximeter shall be the exclusive means for measuring fares. A taximeter may not have an error in calibration in excess of 3% and may not operate under multiple tariff schedules. (b) Prohibitions. A taxicab may not be operated unless the Department has inspected, tested, approved, and sealed the taximeter; the taximeter is mounted and connected to the transmission or front wheel in an approved manner and, if mounted on the dashboard, does not obscure the vision of the operator or present a hazard to passengers; and the taximeter reading is visible to passengers at all times. (c) Inspection. The Department shall inspect a taximeter semiannually and may conduct periodic spot checks as needed. (d) Notice. A taxicab shall contain a notice approved by the Department and mounted in the passenger section of the taxicab advising passengers that the taxicab operator may not charge them a fare if the taximeter is not operating during the ride. (1985 Code, Art. 16, § 17-405) (Bill No. 24-00)
§ 11-15-403. Other equipment and general condition.
(a) General condition. The owner and the operator shall keep taxicabs that are operating under County licenses in proper physical and mechanical condition to render safe, adequate, and convenient public service. The owner and the operator shall keep taxicabs in a clean and sanitary condition. The owner and, on being assigned to a taxicab, the operator shall ascertain that the taxicab and its equipment are in good working order. (b) Tampering prohibited. An owner and the operator may not tamper with rate schedules, taximeters, speedometer cables, or any other equipment required by law to be in a taxicab. (c) Doors. The doors of a taxicab shall remain securely fastened while the taxicab is in motion and open readily in case of an emergency. (d) Dome light. The passenger compartment of a taxicab shall be equipped with a dome light that is capable of being lighted or extinguished by the passenger or controlled by the operation of the doors. (e) Climate control. All factory-installed climate control devices shall be maintained in working order. (f) Windows. All windows shall be maintained in working order. (g) Exterior roof light. A taxicab shall be equipped with an exterior roof light approved by the Department. The roof light shall be connected to the taximeter so that the roof light is extinguished when the taximeter is activated. (h) Communication device. A taxicab, other than a taxicab operating out of Baltimore-Washington International Airport under a written concession contract with the State Aviation Administration, shall be equipped with a functioning communication device to be used by the operator to receive and accept requests for service from the dispatch facility. (i) Equipment prohibitions. A taxicab may not: (1) have shades or curtains that shield the occupants or the operator from observation;
(2) have placards or other obstructions that are attached to or rest against the windshield or rear window, except for the certificates of inspection required by State law; (3) contain or be equipped with or operate in response to any device used to intercept radio communications not made to that taxicab or that taxicab operator; or (4) contain or be equipped with any device used to intercept instruments that law enforcement officers use to enforce motor vehicle laws. (1985 Code, Art. 16, §§ 17-401, 17-404) (Bill No. 56-97; Bill No. 24-00)
§ 11-15-404. Inspections.
(a) Annually. Annually, each taxicab shall be inspected at an inspection station licensed by the State. (b) Semiannually. Semiannually, the Department shall inspect each taxicab for general safety and cleanliness and to determine the proper functioning of the taximeter. (c) Failure to pass Departmental inspection. If a taxicab is not in proper physical and mechanical condition to render safe, adequate, and convenient public service, the owner shall be notified of the nature of the defect, the owner shall return the vehicle license to the Department, and the vehicle may not operate as a taxicab until the condition has been remedied. Upon notification from the owner that the condition has been remedied, the Department shall re-inspect the vehicle and, if the condition has been remedied, the vehicle license shall be returned to the owner. If a taxicab is not clean and sanitary, the Department shall give the owner and taxicab operator a reasonable time to remedy the condition and shall re-inspect the vehicle after that time has elapsed. If the re-inspection reveals that the taxicab is still not clean and sanitary, the owner shall return the vehicle license to the Department until the condition is remedied. (d) Fees. A $25 fee shall be charged for failure to make a taxicab available for a scheduled inspection and for each re-inspection. (e) Inspection by police. After first displaying their badges to the operator, the County Police may enter or inspect a taxicab to determine compliance with this title. (1985 Code, Art. 16, § 17-402) (Bill No. 56-97; Bill No. 24-00)
TITLE 16. TOWING COMPANIES
Section
Subtitle 1. Definitions; General Provisions
11-16-101. Definitions. 11-16-102. Rules and regulations. 11-16-103. Telephones.
Subtitle 4. Nonconsensual Towing Company and Parking Lot Requirements
11-16-401. Scope and enforcement. 11-16-402. Parking lot owner and operator requirements. 11-16-403. Commercial liability insurance. 11-16-404. Required nonconsensual towing procedures for towing companies and lot
owners and operators. 11-16-405. Penalties and citations.
SUBTITLE 1. DEFINITIONS; GENERAL PROVISIONS
§ 11-16-101. Definitions.
In this title, the following words have the meanings indicated. (1) "Disabled, abandoned, or recovered vehicle" means a motor vehicle that has been damaged or rendered inoperative as a result of a collision or accident; an abandoned motor vehicle that obstructs the free flow of traffic; a recovered stolen motor vehicle; or a motor vehicle impounded by the police. (2) “Nonconsensual towing” means towing a vehicle from private property for compensation and without the consent of the vehicle owner. (3) “Parking lot” means a privately owned facility consisting of two or more spaces for motor vehicle parking that is accessible to the general public and intended by the owner of the facility to be used primarily by the owner’s customers, clientele, residents, lessees, or guests. For nonconsensual towing, a designated residential parking space or handicapped parking space shall qualify as a parking lot. (4) “Police-initiated towing” means towing disabled, abandoned, or recovered vehicles at the request of the Police Department. (5) “Regular business day” means the period between 8:00 a.m. and 6:00 p.m., Monday through Friday, and 8:00 a.m. to 12:00 noon on Saturday, holidays excluded. (6) “Tow truck” means a vehicle registered with the State Motor Vehicle Administration that is capable of performing towing operations. (7) “Tow truck operator” means any person who operates equipment used in the towing of vehicles at the request of the Police Department or who tows vehicles from private property for compensation and without the consent of the vehicle’s owner. (8) “Towing company” means a person owning, operating, or conducting the business of towing disabled, abandoned, or recovered vehicles at the request of the Police
Department or a person owning, operating, or conducting the business of towing vehicles without the consent of the vehicle’s owner. (1985 Code, Art. 16, § 18-101) (Bill No. 80-99; Bill No. 18-09; Bill No. 52-13)
§ 11-16-102. Rules and regulations.
After consultation with the Police Department, the Department may promulgate rules, regulations, forms, and procedures that promote the intent of this title. (1985 Code, Art. 16, § 18-103) (Bill No. 80-99)
§ 11-16-103. Telephones.
(a) Generally. A towing company shall answer its listed telephone number 24 hours a day by using the business name listed in the application. (b) Extension. A towing company may have an extension at a residence or at the residence of a designated employee. (c) Answering service. An answering service may be used as long as the time limits established in this title are met, but beepers and answering machines may not be used. (1985 Code, Art. 16, § 18-209) (Bill No. 80-99)
SUBTITLE 2. LICENSE AND INSURANCE
§ 11-16-201. License.
(a) When required. A person may not engage in police-initiated towing or nonconsensual towing without a license issued by the Department, except that a license is not required for a towing company that is the personal choice of the owner of a disabled vehicle or the owner’s agent. (b) Standards for issuance. To be eligible for a license, a towing company shall meet the following standards: (1) the towing company shall comply with all applicable federal, State, and local statutes, ordinances, and regulations, and all rules, regulations, forms, and operating procedures that are promulgated by the Department; (2) all tow trucks used by the towing company shall be registered by the State Motor Vehicle Administration, capable of performing normal towing operations in a safe and timely manner, and legibly inscribed on each side with the name and address of the towing company in letters at least four inches in height; (3) the tow trucks shall be in good mechanical condition and equipped with necessary towing gear and safety apparatus; and (4) the towing company shall ensure that each tow truck operator: (i) holds a valid driver’s license issued by the United States Government or the State of the person’s residence for the class vehicle that the driver operates while employed as a tow truck operator; (ii) is at least 18 years old; (iii) is courteous and does not use abusive or offensive language when dealing with the public or police;
(iv) within the three-year period prior to the date of the application, has not been convicted of a felony or entered a plea of guilty or nolo contendere to a felony; (v) is not a consistent violator of motor vehicle laws; and (vi) does not have a history of drug or alcohol abuse. (c) Additional standards for police-initiated towing. A towing company that engages in police- initiated towing shall: (1) possess at least three tow trucks registered by the State Motor Vehicle Administration that are capable of performing normal towing operations in a safe and timely manner; (2) be operational and available 24 hours a day, seven days a week, with sufficient qualified, licensed, and trained personnel to respond to requests and operate the tow trucks and related equipment; and (3) be able to respond to calls for service in a tow area within 20 minutes and shall have an acceptable response record or be expected to be able to respond in the required time frame. (d) Application. A towing company shall report to the Director in writing within three business days all changes to the information contained in an application. (e) Fees. The annual application fee is $250. The annual license fee is $25 for each tow truck. (f) Investigation and approval by Police Department. The Director shall forward the application to the Police Department for an investigation and inspection and approval. The Police Department shall approve the application on finding that the towing company complies with the standards set forth in this title and the towing company has no pattern of violations of this title. (g) Issuance. The Director shall issue a license if the Police Department has approved it; the towing company complies with all applicable zoning laws; and no other factors or conditions exist that warrant denial of the license. The Director may not issue a license to a company that performs police-initiated towing unless the towing company has an adequate off-street storage facility located in the County. (h) Approved list. The Department shall establish and maintain a list of licensed towing companies and provide the list to the Police Department and shall separately designate those companies licensed to conduct police-initiated towing. (i) Denial; revocation; suspension. After providing a hearing, the Director may deny, revoke, or suspend the license of a towing company that: (1) violates any of the provisions of this title; (2) violates any rules or regulations adopted under this title; (3) violates any of the provisions of § 12-3-107 of this Code; (4) fails to submit timely and proper State and County forms or reports; or (5) has a license to tow suspended or revoked by another jurisdiction after opportunity for a hearing. (j) Additional grounds for denial, revocation, or suspension of license for police-initiated towing. After providing a hearing, the Director may deny, revoke, or suspend the license of a towing company that performs police-initiated towing if the company: (1) has five responses in excess of 20 minutes within any two-month period that were not excused pursuant to § 11-16-302; or (2) fails to respond to seven tow requests within a six-month period.
(k) Expiration. A license issued under this title expires on August 31 of each year. (l) Display of license and decal. A license issued under this title shall be carried in each tow truck of the licensed towing company when the tow truck is in use. The Department shall issue a decal to each licensed tow truck, and the towing company shall display the decal prominently on the exterior of each tow truck. (1985 Code, Art. 16, §§ 18-201, 18-202, 18-203, 18-204, 18-205, 18-207, 18-208) (Bill No. 46-92; Bill No. 80-99; Bill No. 18-09; Bill No. 7-12)
§ 11-16-202. Insurance.
(a) Certificates to be provided. A person licensed under the provisions of this title shall furnish to the Director certificates of insurance that provide for minimum coverage as required by State law. (b) Information to owner, operator, or agent of towed vehicle. Upon demand by the owner, operator, or agent of the owner or operator of the towed vehicle, the towing company shall provide the name, address, and telephone number of the towing company's insurance carrier and the number of the insurance policy. (1985 Code, Art. 16, § 18-206) (Bill No. 84-96; Bill No. 80-99)
§ 11-16-203. Storage.
(a) Zoning certification. A towing company shall provide to the Department the address of the storage and redemption sites to be used for storing and redeeming vehicles and shall provide certification that each site complies with local zoning laws. (b) Separate storage and redemption area. If the storage and redemption areas are separate, the towing company shall provide safe and reliable transportation from the redemption site to the storage site. Violation of this provision may be grounds for license suspension or revocation. (c) Nonconsensual towed vehicles; delivery to storage facility. A towing company that performs nonconsensual towing shall immediately deliver any towed vehicle to the storage facility listed on the signs located in the parking lot from which the vehicle was towed, as required by § 11-16-402, and may not remove the towed vehicle from the storage facility for at least 72 hours. (d) Location of storage facility. A towing company conducting nonconsensual towing may not tow a vehicle, or otherwise remove a vehicle, from a parking lot to a storage facility or location that is more than 10 miles away from the parking lot. (Bill No. 18-09; Bill No. 52-13)
§ 11-16-204. Inspection; release of vehicle and personal property.
(a) Inspection by police. A towing company shall accommodate all requests by the police to inspect or view any towed vehicle in its possession. (b) Release of vehicle. A towing company shall release a towed vehicle during the regular business day and may release a vehicle at other times. A towing company that performs nonconsensual towing shall be available to release the towed vehicle at all times, 24 hours a day, seven days a week, to the towed vehicle’s owner or the owner’s representative. An owner’s
representative must present a copy of a valid driver’s license and an original key to the vehicle to obtain the vehicle. (c) Release of personal property. Personal property shall be released to the owner or the owner’s agent during the regular business day and, if a nonconsensual tow, personal property shall be made available for release 24 hours a day, seven days a week, from the time the vehicle was received at the storage facility. (Bill No. 18-09; Bill No. 52-13)
§ 11-16-205. Rates, charges, and payment.
(a) Fees. Each licensed towing company shall adhere to the schedule of fees approved by the Department. Maximum fees for nonconsensual towing may be up to two times the approved fee for police-initiated towing. (b) Storage fee restrictions. A company that performs police-initiated tows may not charge a storage fee for the calendar day of the tow. A company that performs nonconsensual towing may not charge a storage fee for a calendar day in which the vehicle was not located on the storage lot. (c) Required forms of payment. In addition to accepting cash payments, a towing company engaged in nonconsensual towing and storage facility must provide evidence to the Department confirming acceptance of at least two nationally recognized major credit cards or provide an operable automated teller machine on the premises to obtain cash for payment of all towing, recovery and storage charges. In the event a towing company or storage facility engaging in nonconsensual towing is unable to process a vehicle owner’s credit card or accepts only cash payment and there is no operable automatic teller machine (ATM) on the premises, a vehicle owner may pay for the towing fees necessary to retrieve his vehicle by a personal check. A towing company or storage facility engaging in nonconsensual towing may refuse to accept a personal check in the event a vehicle owner’s credit card is declined by the credit card issuing company. (d) Receipt required. A towing company shall issue a receipt in exchange for payment of towing fees. (e) Damage waivers. A towing company may not require a person to sign a damage waiver as a condition of vehicle release. (Bill No. 18-09; Bill No. 52-13)
SUBTITLE 3. OPERATION OF TOW TRUCKS
§ 11-16-301. Scope.
This subtitle applies only to towing companies authorized to tow disabled, abandoned, or recovered vehicles at the request of the Police Department. (Bill No. 18-09)
§ 11-16-302. Tow areas; rotation list.
(a) Assignment to tow area. The Police Department shall divide the County into specific tow areas established by the size, road networks, demographic characteristics, and
density of each geographical area. The Police Department shall assign each licensed towing company to a tow area. (b) Rotation. For each tow area, the Police Department shall maintain a rotation list that includes all licensed towing companies assigned to the tow area and from which requests for towing service shall be made. In making a request for towing service from a rotation list, the Police Department shall determine which licensed towing company received the last request; request the next towing company on the list to respond; and, if the requested towing company is unable to respond, contact each successive towing company on the list until the service is arranged. (c) Rotation deviation. The Police Department may deviate from the order of the rotation lists when there is a need for specialized equipment or when the police determine that deviation is necessary for the public welfare. (d) Closure of rotation list. If the Police Department determines that the number of towing companies assigned to a tow area is detrimental to the public safety or welfare, the Department may close the rotation list in that tow area. (e) Individual choice. Nothing in this title shall preclude the right of an individual to request a towing company of the individual’s own choice if the chosen towing company can dispatch a tow truck that will arrive within 20 minutes after the request. (1985 Code, Art. 16, § 18-301) (Bill No. 80-99)
§ 11-16-303. Response standards.
(a) Timeliness. A towing company ordinarily shall respond to a request for service no later than 20 minutes after the request was made and, in any event, shall arrive no later than 30 minutes after a request. The Department may determine that a towing company’s arrival at the scene more than 20 but less than 30 minutes after the request for service was made is timely after consideration is given to traffic, road, and weather conditions and whether the request was made between the hours of 11:00 p.m. and 7:00 a.m. (b) Request by Police Department required. A towing company may not attempt to take a disabled, abandoned, or recovered vehicle in tow without being requested to do so by the Police Department. (c) Events at the scene. On arriving at the scene, the towing company shall remove the vehicle to the company’s storage lot specified on the application. A towing company may not leave the scene until released by the police personnel in charge of the scene. (1985 Code, Art. 16, § 18-302) (Bill No. 80-99)
§ 11-16-304. (Reserved).
§ 11-16-305. (Reserved).
SUBTITLE 4. NONCONSENSUAL TOWING COMPANY AND PARKING LOT REQUIREMENTS
(a) Scope. This subtitle applies only to towing companies and storage facilities, and parking lot owners, operators and agents engaging in nonconsensual towing. (b) Enforcement. The requirements of this subtitle may be enforced by the Department or the Police Department. (Bill No. 52-13)
§ 11-16-402. Parking lot owner and operator requirements.
(a) Requirements. An owner or operator of a parking lot, or the agent of an owner or operator, may not have a vehicle towed or otherwise removed from the parking lot without the vehicle owner’s permission, unless the owner, operator, or agent has placed in conspicuous locations signs that: (1) are at least 24 inches high and 30 inches wide; (2) are clearly visible to the driver of a vehicle entering or parking in the parking lot; (3) states the address to which the vehicle will be towed or removed, the name of the towing company and the telephone number for the towing company or towing storage facility where the car will be towed; (4) states that State and County law requires that a motor vehicle towed from the parking lot is available for reclamation 24 hours a day, 7 days a week; and (5) states the maximum amount that the owner may be charged for the towing or removal of the vehicle. (b) Number of signs. An owner or operator of a parking lot, or the agent of an owner or operator, shall place one sign, conforming to the requirements of subsection (a), for every 7,500 square feet of parking space in the parking lot. In addition to meeting the requirements of this section, if the parking lot has more than one entrance, a sign conforming to the requirements of subsection (a) shall be placed at each point of entry into the parking lot. (Bill No. 52-13)
§ 11-16-403. Commercial liability insurance.
A towing company shall comply with all Federal and State commercial liability insurance requirements and any surety bond requirements. (Bill No. 52-13)
§ 11-16-404. Required nonconsensual towing procedures for towing companies and lot owners and operators.
(a) Notice to police. A towing company shall notify the Police Department within one hour after towing or removing a vehicle and shall provide the following information: (1) a description of the vehicle, including the license plate information and the vehicle identification number; (2) the date and time the vehicle was towed or removed; (3) the reason the vehicle was towed or removed; and (4) the locations from which and to which the vehicle was towed or removed.
(b) Notice to owner. A towing company shall notify a towed vehicle’s owner and the vehicle’s insurer of record by certified mail, return receipt requested, and by first class mail within seven days after towing or removing the vehicle, and shall provide the same information as set forth in subsection (a). The towing company shall also provide to the owner, any secured party, and the insurer of record the itemized actual costs of providing notice under this section if the vehicle is redeemed more than 48 hours after receipt at the storage location. (c) Parking lot owner authorization. Before towing or removing a vehicle from a parking lot, the towing company shall have authorization from the parking lot owner or operator, or the agent of the owner or operator, which shall include the name of the person authorizing the tow or removal and a statement that the vehicle is being towed or removed at the request of the parking lot owner or operator or the agent of the owner or operator. (d) Photographic evidence required. Before towing or removing a vehicle from a parking lot, the towing company must have photographic evidence of the violation or event that gave rise to the vehicle being towed or removed. (e) Payment to spotters and parking lot owners. A towing company may not employ or compensate any individuals, commonly referred to as “spotters”, whose primary task is to report the presence of unauthorized parked vehicles for the purposes of towing or removal and impounding. A towing company may not compensate or pay any remuneration to the owner, agent, or employee of a parking lot. A towing company may not deploy, cause the deployment of, or utilize any form of electronic surveillance to take the place of or function as a “spotter”. (f) Towing for failure to display registration. A towing company may not tow a vehicle solely for failing to display a valid current registration until 72 hours after a notice of violation is placed on the vehicle. (g) Drop fees and release of vehicle. Before a vehicle is removed from a parking lot, the tower who possesses the vehicle shall release the vehicle to the owner, or an agent of the owner, upon request and upon a payment of a drop fee to the tower not to exceed 50% of the cost of a full tow. (h) Handicapped registration. A towing company may not tow a vehicle with a valid handicapped registration without the authorization of an officer in the Police or Fire Department. (i) Blocking of vehicles. A towing company may not block a vehicle to obtain payment and shall release a vehicle if ordered to do so by the police. (j) Compliance with Federal and State towing law. A towing company shall comply with all towing requirements listed in Federal and State law. (Bill No. 52-13)
§ 11-16-405. Penalties and citations.
(a) Penalties. In addition to any State civil or criminal penalties, failure to abide by the requirements of this subsection is a Class D civil offense set forth in § 9-2-101 of this Code, and a violation may be enforced through the issuance of civil citations or legal injunction proceedings. In addition to the penalties in this Code, a towing company or lot owner or operator that violates any provision of this title shall be subject to the penalties provided in the State Code and the regulations promulgated under the State Code. (b) Citations. Citations issued by the Police Department under this subtitle shall be in accordance with §§ 12-3-301 through 12-3-303 of this Code.
