Bill No.
32-15
Concerning: Vendors - Hours and
Places of Operation
Revised:
09/28/2015
Draft No.
2
Introduced:
June
16, 2015
Enacted:
October
6. 2015
Executive:
October
19. 2015
Effective:
January
18. 2016
Sunset Date: ---=-:.No=n=e'-------
Ch .
....11._,
Laws of Mont. Co.
2015
COUNTY COUNCIL
FOR MONTGOMERY COUNTY, MARYLAND
Lead Sponsors: Councilmembers Riemer and Navarro
Co-Sponsors: Council Vice President Floreen, Council President Leventhal, Council.members Katz,
Rice and Eirich
AN ACT
to:
(1) amend the hours of operation allowed for vendors operating food service trucks;
and
(2) generally amend the County law regarding vendors.
By amending
Montgomery County Code
Chapter 47, Vendors
Sections 47-1and47-2
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* * *
Heading or defined term.
Added to existing law by original bill.
Deletedfrom existing law by original bill.
Added by amendment.
Deletedfrom existing law or the bill by amendment.
Existing law unef.fected by bill.
The County Council for Montgomery County, Maryland approves the following Act.·
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BILL
No. 32-15
1
Sec 1. Sections 47-1 and 47-2 are amended as follows:
47-1. Definitions.
In
this Chapter, the following words have the meanings indicated:
[
(a)]
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4
Director
means the Director of the Department of Permitting Services
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or the Director's designee.
Food service truck
means an itinerant food service facility, licensed under
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Chapter 15, operating from
~
self-propelled motorized vehicle that is parked or
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temporarily located where food items are sold from the truck to the general public.
[(b)
(1)]
Vendor
means any person who sells, offers to sell, or solicits
orders for any goods (including perishable foods) or services:
[(A)]Q)
on any public street, sidewalk, or other public
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property or right-of-way;
[(B)]ill
[(C)]Q)
door-to-door in a vehicle or on foot;
from a vehicle, or temporary stand or structure, that
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15
is parked or otherwise temporarily located while goods are
sold or services dispensed; or
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17
[(D)].{1)
from a pushcart or other slow-moving vehicle.
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[(2)]
Vendor
does not include a person who:
[(A)]Q)
is invited to a residence or business by pnor
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appointment with an owner or legal occupant of the
premises to provide goods or services to the owner or legal
occupant;
[(B)]ill
takes orders solely for the delivery of newspapers,
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or supplies or sells newspapers through newsracks;
[(C)]Q)
is 16 years old or younger ifthe minor:
is under the direct supervision of a vendor
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[(i)](A)
licensed under this Chapter; and
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BILL
No. 32-15
28
[(ii)](fil
complies with the non-licensing provisions of
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this Chapter;
[(D)](4)
sells or solicits orders for goods or services to
businesses for use in the business or for resale;
[(E)]ill
is a participant in not more than 4 "garage" type
sales in a calendar year;
[(F)].(fil
sells or offers to sell goods or services at an
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agricultural fair, craft or antique show, trade show, or
similar exhibition if the sponsor of the show is licensed
under this Chapter;
[(G)]ffi
represents a:
charitable organization as defined in State law
[(i)](A)
(Business Regulation Article, Section 6-101 );
[(ii)](fil
state or local government agency; or
:franchisee under Chapter 8A; or
[(iii)]©
[(H)].{fil
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1s participating in a government-sponsored or
sanctioned program or event.
47-2. Hours and places of operation.
46
47
*
(d)
vendor other than
~
*
*
~
Except for a prearranged appointment or with the Director's approval, a
vendor operating
food service truck must not
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conduct business before 9 a.m. nor after sunset.
In
this Section, "sunset"
means the time established by the U.S. Naval Observatory for
Washington D.C. and vicinity.
(
e)
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A vendor operating
~
food service truck must not conduct business
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before
~
a.m. nor after 10 p.m.
ill
Unless permitted by the Director and the school principal for a special
event, a vendor must not sell or offer
to
sell any item on a public road or
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BILL
No. 32-15
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right-of-way within 500 feet of any public or private elementary or
secondary school.
Approved:
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George Leventhal, President, County Council
Date
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Approved:
ate
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This is a correct copy ofCouncil action.
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Linda M. Lauer, Clerk of the Council
Date
-4-