Explanation: Capitals indicate matter added to existing law.
[Brackets] indicate matter deleted from existing law.
* Warning: This is an unofficial, introductory copy of the bill.
The official copy considered by the City Council is the first reader copy.
Introductory*
City of Baltimore
Council Bill
Introduced by: Councilmembers Dorsey and Burnett
A Bill Entitled
An Ordinance concerning
title
Department of Business Licensing and Consumer Protection
For the purpose of creating the Department of Business Licensing and Consumer Protection as an independent City agency; providing for the leadership and staffing of the Department; establishing the Department’s purpose, powers, and duties; creating the Commission on Business Licensing and Consumer Protection; providing for the membership of the Commission; establishing the purpose, powers, and duties of the Commission; transferring the administration of certain business licenses to the Department; repealing certain obsolete Boards; providing for a special effective date; and generally relating to business licensing and consumer protection.
body
By repealing and re-ordaining, with amendments
Article 1 - Mayor, City Council, and Municipal Agencies
Section 41-14(.25)
Baltimore City Code
(Edition 2000)
By adding
Article 1 - Mayor, City Council, and Municipal Agencies
Sections 42-1 to 42-41 to be under the new subtitle designation,
“Subtitle 42. Department of Business Licensing and Consumer Protection”
Baltimore City Code
(Edition 2000)
By repealing
Article 2 - Consumer Protections
Sections 2-1 and 2-2
Baltimore City Code
(Edition 2000)
By repealing and re-ordaining, with amendments
Article 2 - Consumer Protections
Sections 1-4, 1-6, 1-8 (b) and (c), 1-9(a), 1-11(a), 1-18(d)(1), (e), and (g), 4-1, 4-2, 6-1(e),
6-11(c), 7-3 to 7-5, 7-8, 7-9(b), 8-2, 8-6, 8-7, 8-8(a), 8-11, 8-12(a), 10-2(a) and (b), 10-8(a),
11-2(b) and (d), 11-3(a), 11-6(a), 11-7(a), 11-12(a), 11-17, 12-3(b), 12-4(b) and (c), 12-7(a), 12-8(a), 12-12, 12-13(a), and 12-15
Baltimore City Code
(Edition 2000)
By adding
Article 2 - Consumer Protections
Sections 4-3 and 4-4
Baltimore City Code
(Edition 2000)
By repealing and re-ordaining, with amendments
Article 8 - Ethics
Section 7-8
Baltimore City Code
(Edition 2000)
By repealing and re-ordaining, with amendments
Article 13 - Housing and Urban Renewal
Sections 13-1(b), 13-3, 13-5 to 13-7, 13-8(a) and (b)(1), 13-9(a), 13-11(a), and 13-16
Baltimore City Code
(Edition 2000)
By repealing and re-ordaining, with amendments
Article 15 - Licensing and Regulation
Sections 1-1(d), 1-3, 1-8(a) and (b), 1-9(b), 1-10, 1-11(b), 1-12, 1-13(a), 1-14(b),
(c), and (d), 1-16, 1-17, 1-28, 1-29, 1-30(a), 1-31(a), (b)(2), and (c)(1), 2-1(a), 2-11(c),
2-15(e), 2-31, 2-37(b), 2-43 to 2-45, 2-52 to 2-54, 3-1(c), 3-2(a), 3-3, 3-4(b) and (c),
3-5(a)(1), 3-6(b), 3-9(b), 6-1, 6-2(b), 6-5(c), 6-8, 6-9, 6-11(a), 6-13, 6-14, 7-2(b), 7-3,
9-1(d) and (d-1), 9-3, 9-6.1, 9-7(a), 9-8, 9-9, 9-10(b), (c), and (d), 11-1(a), 11-5, 11-6,
11-7, 11-8(a) and (c), 11-9(a), 11-11, 11-13(d), 11-14(a) and (b), 11-15(c), 11-17(b),
12-4(d), 12-8, 12-13, 13-1(b), 13-10, 15-1(b), 15-7, 15-9 to 15-11, 15-12(a) and (c),
15-13(b), 15-14(a) and (d), 15-15, 15-18(a) and (b), 15-19(a) and (c), 18-3(b) and (c),
18-5, 18-8, 20-2, 20-5(a), 20-6, 22-1(a), 22-3, 22-4(a), 22-5, 22-6(a), 22-8(a) and (c),
22-9(a)(1), 22-10(d), 22-11(a), 22-13(h), 22-14(b) and (c), 22-15, 22-16(a), 22-17, and 22-18(a)
Baltimore City Code
(Edition 2000)
By repealing
Article 15 - Licensing and Regulation
Sections 15-4 to 15-6 and 22-2
Baltimore City Code
(Edition 2000)
By repealing and re-ordaining, with amendments
Article 19 - Police Ordinances
Section 71-14(a)
Baltimore City Code
(Edition 2000)
Section 1. Be it ordained by the Mayor and City Council of Baltimore, That the Laws of Baltimore City read as follows:
Baltimore City Code
Article 1. Mayor, City Council, and Municipal Agencies
Subtitle 41. Civil Citations
§ 41-14. Offenses to which subtitle applies - Listing.
(.5) Article 2. Consumer Protections
Subtitle 42. Unfair, abusive, or deceptive trade practices $1000
Subtitle 16. Ticket Sales - Charges by Operators and Agents $750
. . .
Subtitle 42. Department of Business Licensing and Consumer Protection
Part I. Department Established
§ 42-1. Definitions.
(a) In general.
In this subtitle, the following terms have the meanings indicated.
(b) Board.
“Board” means the Baltimore City Business Licensing and Consumer Protection Board.
(c) Business.
“Business” means any person engaged in an enterprise for profit that operates in Baltimore City.
(d) Complaint.
“Complaint” means a written statement submitted to or issued by the Department alleging that a business is committing or has committed 1 or more of the acts described under § 42-28(a) {“Investigation procedures: Initiation of investigation”}.
(e) Department.
“Department” means the Baltimore City Department of Business Licensing and Consumer Protection.
(f) Director.
“Director” means the Director of the Baltimore City Department of Business Licensing and Consumer Protection.
(g) Respondent.
“Respondent” means a business that is the subject of a complaint under this subtitle.
(h) Unfair, abusive, or deceptive trade practices.
“Unfair, abusive, or deceptive trade practices” has the meaning stated in
§ 13-301 of the State Commercial Law Article.
§ 42-2. Department established.
There is a Baltimore City Department of Business Licensing and Consumer Protection.
§ 42-3. Purpose.
The purpose of the Department is:
(1) to centralize the administration of City business licenses, permits, and practices specified in subsection §42-16 of this subtitle;
(2) to make efficient inspections of City businesses;
(3) to ensure City businesses are properly licensed and operating in accordance with City law;
(4) to conduct administrative hearings on contested business licensing enforcement actions;
(5) to investigate claims of unfair, abusive, or deceptive trade practices; and
(6) to enforce business licensing and consumer protection provisions of the City Code.
§ 42-4. Powers.
The Department may:
(1) administer, oversee, and enforce City business licenses, permits, and practices, including business processes and related licenses created by the subtitles specified in § 42-9 {“Business practices under oversight of the Department - Listing”} of this subtitle;
(2) receive complaints and take action to investigate complaints of unfair, abusive, or deceptive trade practices against consumers under City Code Article 2, Subtitle 4 {“Unfair, abusive, or deceptive trade practices”};
(3) set licensing fees, with the approval of the Board of Estimates;
(4) bring enforcement actions against a business for violating City law, including initiating a hearing before the Business Licensing and Consumer Protection Board;
(5) issue summonses and subpoenas during an investigation under this subtitle;
(6) issue environmental citations, as described under subtitle 40 of this article;
(7) issue civil citations, as described under subtitle 41 of this article;
(8) report to any appropriate government agency with jurisdiction any information concerning violation of any consumer protection law; and
(9) advise the Mayor and City Council on issues relevant to City business licensing and consumer protection.
§ 42-5. Director of the Department.
(a) In general.
The Director is responsible for the administration and oversight of the Department.
(b) Appointment.
The Director is appointed by the Mayor in accordance with Article IV, § 6 of the City Charter.
(c) Salary.
The Director shall receive such salary as may be provided for in the Ordinance of Estimates.
§ 42-6. Staff and budget.
(a) Staff.
The Department may employ staff in accordance with the Ordinance of Estimates.
(b) Budget.
The Department may expend funds authorized in the Ordinance of Estimates or any supplemental appropriations.
§ 42-7. Rules and regulations.
Subject to Title 4 {“Administrative Procedure Act - Regulations”} of the City General Provisions Article, the Director must adopt rules and regulations to carry out this subtitle.
§ 42-8. Annual report.
On or before June 30 of each year, the Department must submit an annual report for the previous calendar year to the Mayor and City Council that details:
(1) the activities of the Department;
(2) complaints received by the Department, including the following information:
(i) number of complaints filed and investigated by the Department;
(ii) number of investigations initiated by the Department;
(iii) nature of complaints filed with the Department; and
(iv) the disposition or resolution of each complaint or investigation;
and
(3) recommendations for additional legislation and policy to regulate business licensing and protect consumers.
§ 42-9. Business practices under oversight of the Department - Listing.
The Department is responsible for the administration, oversight, and enforcement of the business processes, related licenses, and prohibitions created by the subtitles listed below:
(1) Article 2. Consumer Protection
Subtitle 1. Auctions
Subtitle 4. Unfair, Abusive, or Deceptive Trade Practices
Subtitle 6. “Going Out of Business” Sales
Subtitle 7. Scrap Collectors and Scavengers
Subtitle 8. Scrap Metal Dealers
Subtitle 10. Motor Fuel Sales
Subtitle 11. Pawnbrokers
Subtitle 12. Second-Hand Property, Antiques, and Consignment Goods
(2) Article 13. Housing and Urban Renewal
Subtitle 13. Licensing of Peep Show Establishments
(3) Article 15. Licensing and Regulation
Subtitle 1. Adult-Entertainment Business
Subtitle 2. Amusements
Subtitle 3. Amusement Device Location Permits
Subtitle 6. Carriages, Wagons, Boats, and Scows
Subtitle 7. Employment Agencies
Subtitle 9. Late-Night Commercial Operations
Subtitle 11. Massage Establishments
Subtitle 12. Commercial Parking Facilities
Subtitle 13. Special-Event Parking Lots
Subtitle 15. Street Entertainers
Subtitle 17. Street Vendors
Subtitle 18. Itinerant Wholesale Produce Dealers
Subtitle 20. Transient Merchants
Subtitle 22. Towing Services - Trespass Towing
§§ 42-10 to 42-15. {Reserved}
Part II. Business Licensing and Consumer Protection Board
§ 42-16. Established.
There is a Baltimore City Business Licensing and Consumer Protection Board.
§ 42-17. Composition.
(a) In general.
The Board comprises the following 5 members, appointed by the Mayor in accordance with Article IV, § 6 {“Appointments of municipal officers.”} of the Baltimore City Charter:
(1) 1 member nominated in consultation with the President of the City Council;
(2) 1 member nominated in consultation with the City Comptroller; and
(3) 3 members named by the Mayor, at least 2 of whom must be members of the Maryland Bar.
(b) Qualifications.
A Board member must:
(i) be an individual of known personal integrity;
(ii) possess a recognized knowledge in business licensing or consumer
protection; and
(iii) be a resident of the City of Baltimore.
§ 42-18. Terms of office and organization.
(a) Terms.
A Board member shall serve a term of 4 years, concurrent with the terms of the Mayor and the City Council and, at the end of a term, a Board member continues to serve until a successor is appointed and qualified.
(b) Chair.
The members of the Board shall annually elect a chair from among the members of the Board.
(c) Vacancies.
If there is a vacancy in the membership of the Board, the new member shall be appointed in the same manner as the previous member.
(d) Compensation.
The members of the Board shall receive no compensation for their services on the Board, but shall be reimbursed for the reasonable and necessary expenses incurred in the performance of their duties.
(e) Meetings; Quorum.
(1) The Board shall meet at least monthly.
(2) A majority of the members of the Board constitutes a quorum for the transaction of business.
(f) Attendance at meetings.
Any appointed member of the Board who fails to attend 4 consecutive meetings without good cause as determined by the Mayor shall be deemed to have resigned.
§ 42-19. Powers and duties.
(a) In general.
The Board shall adjudicate all hearings of the Department.
(b) Other duties.
In coordination and consultation with the Department, the Board shall:
(1) review and propose improvements to existing City rules, regulations, and laws with respect to business licensing and consumer protection;
(2) research and recommend new programs and training that could be delivered to consumers and businesses; and
(3) evaluate current programs and proposed legislation to determine their impact on consumers and businesses.
(c) Informational hearings and studies.
As appropriate, the Board may hold informational hearings and undertake surveys and studies to:
(1) evaluate existing City policies and procedures in regard to business licensing and consumer protection; and
(2) make recommendations for the improvement of existing policies and procedures to the Director.
(d) Annual report.
The Board shall submit an annual report on its activities to the Department to be included in the Department’s annual report to the Mayor and City Council, as described in § 42-8 {“Annual report”} of this subtitle.
§§ 42-20 to 42-25. {Reserved}
Part III. Departmental Procedures
Upon Receipt or Issuance of Complaint
§ 42-26. Commencement of action.
(a) On complaint of other.
(1) Any person may file a written complaint with the Department alleging that a business is committing or has committed 1 or more of the acts described under § 42-28(a) {“Investigation procedures: Initiation of investigation”}.
(2) A complaint filed under this subsection must be in the form required by the Director.
(b) On Director’s motion.
The Director may issue a written complaint alleging that a business is committing or has committed 1 or more of the acts described under § 42-28(a) {“Investigation procedures: Initiation of investigation”}.
§ 42-27. Copy to respondent.
(a) In general.
Upon receipt or issuance of a complaint, the Department must, via regular mail, send a copy of the complaint to the business named in the complaint, who shall be the respondent.
(b) Confidentiality.
For a complaint filed under § 42-26(a) {“Commencement of action: On complaint of other”} of this subtitle, the Director must redact from the copy sent to the respondent:
(1) the complainant’s name; and
(2) to the fullest extent possible, any other information that might
identify the complainant.
§ 42-28. Investigation procedures.
(a) Initiation of investigation.
The Department shall investigate a complaint alleging that a business is:
(1) operating without a license;
(2) operating with improper licensure;
(3) violating the terms of a business license; or
(4) engaging in unfair, abusive, or deceptive trade practices.
(b) Complaint not within jurisdiction of Department.
(1) Dismissal and referral.
If a complaint is not within the jurisdiction of the Department under subsection (a) of this section, the Department shall dismiss the complaint and, if appropriate, refer the complaint to another entity with jurisdiction over the matter.
(2) Notification.
If a complaint is dismissed under this subsection, the Department shall
promptly notify the complainant and respondent.
(c) Investigation.
(1) In general.
Upon receipt or issuance of a complaint, the Department shall promptly investigate the complaint.
(2) Subpoenas.
In the course of an investigation, the Department may issue a subpoena to
require any person to:
(i) produce information, documents, reports, records, accounts, or any
other evidence related to the allegations in the complaint; and
(ii) appear under oath to give testimony related to the allegations in
the complaint.
(3) Oaths.
The Director may administer oaths as permitted under this section.
(4) Report of findings.
The Department shall prepare a written report of findings as soon as practicable after the conclusion of the investigation.
§ 42-29. Director’s action upon completed report of findings.
(a) Actions.
If the Director determines that the report of findings contains information tending to substantiate an allegation in the complaint, the
director may take 1 or more of the following actions:
(1) refer the complaint for a hearing before the Board;
(2) issue a civil citation;
(3) issue an environmental citation;
(4) provide the respondent with the opportunity to remedy the behavior at issue in the complaint;
(5) seek injunctive relief in a court of competent jurisdiction; and
(6) any other legal or equitable relief or enforcement available under the law.
(b) Dismissal.
(1) In general.
If the Director determines that the report of findings does not contain information that tends to substantiate an allegation in the complaint, the Director shall dismiss the complaint and, if appropriate, refer the complaint to another entity with jurisdiction over the matter.
(2) Notification.
If the Department dismisses a complaint under this subsection, the Director shall promptly notify the complainant and respondent of the dismissal.
§§ 42-30 to 42-35. {Reserved}
Part IV. Hearing Procedures
§ 42-36. Hearing procedures.
(a) In general.
If the Director refers a complaint for a hearing before the board under
§ 42-29 {“Director’s action upon completed report of findings”} of this subtitle, the Board must provide the respondent with notice and an opportunity for a hearing before the Board.
(b) Representation by counsel.
In any hearing conducted by the Board, the respondent is entitled to be represented by counsel.
(c) Subpoenas.
The Board may issue a subpoena to require any person to:
(1) produce information, documents, reports, records, accounts, or any
other evidence; and
(2) appear under oath to testify.
(d) Oaths.
The Chair may administer oaths as permitted under this subtitle.
§ 42-37. Board disposition and remedies.
(a) In general.
If, upon consideration of the entire record produced at the hearing, the Board finds, by a preponderance of the evidence, that the respondent has violated the City Code, the Board may take 1 or more of the following actions:
(1) issue an order directing the respondent to cease and desist from the violation;
(2) issue a reprimand;
(3) revoke or suspend the respondent’s license;
(4) report to any appropriate government agency with jurisdiction any information concerning a violation of any law;
(5) refer a violation or complaint to any federal, State, or local agency with jurisdiction over the complaint;
(6) order the respondent to restore money or property to the person who made the complaint;
(7) order the respondent to pay any costs of investigation or related activities of the Department;
(8) impose and order the respondent to pay any relevant civil penalty authorized by law; and
(9) take any other action that would:
(i) assist the person who made the complaint in obtaining relief; or
(ii) prevent future violations of law.
(b) Considerations.
In ordering any remedy, the Board shall consider:
(1) the severity of the violation;
(2) the severity of any harm to consumers;
(3) the motives of the respondent;
(4) any previous violations by the same business or business owner;
(5) whether the remedy will deter future misconduct; and
(6) whether a stop order or restitution would sufficiently protect
consumers or the person who made the complaint.
§ 42-38. Enforcement by Director.
(a) Subpoenas.
If any person does not comply with any subpoena issued under this subtitle, the Director may enforce the subpoena by seeking injunctive or other appropriate relief in a court of competent jurisdiction.
(b) Civil penalties.
The Director may bring an action in any court of competent jurisdiction to recover any civil penalty imposed by the Director or the Board.
(c) Board orders.
The Director may bring an action in any court of competent jurisdiction to enforce any order, decision, or other enforcement action of the Board.
(d) Injunctive relief.
The Director may seek injunctive or other appropriate relief in a court of competent jurisdiction to enforce any provision of law under the Department’s jurisdiction.
§ 42-39. Assistance of City Solicitor and other departments.
(a) City Solicitor.
Upon request, the Office of the City Solicitor shall reasonably assist the Department and Board in carrying out the Department and Board’s respective duties under this subtitle, including in any judicial enforcement action.
(b) Assistance of other City departments.
The Department and Board may request the assistance of other City departments as necessary to carry out the Department and Board’s respective duties under this subtitle.
§ 42-40. Judicial review.
A respondent or other person aggrieved by a final decision of the Board or Director under this subtitle may seek judicial review of that decision by petition to the Circuit Court for Baltimore City in accordance with the Maryland Rules of Procedure.
§ 42-41. Confidentiality.
(a) In general.
To the extent permitted by the Maryland Public Information Act, after a complaint is filed:
(1) the proceedings, meetings, and activities of the Department, the Board, and the Department’s staff relating to the complaint are confidential; and
(2) neither the Department, the Board, nor the Department’s staff may disclose any information relating to the complaint, including the identity of the complainant or the respondent.
(b) Permitted disclosures.
(1) Identity of respondent.
The Department may release any information other than the complainant’s identity if the respondent has agreed in writing to the release.
(2) Identity of complainant.
The Department may disclose the complainant’s identity to the respondent if the complainant has agreed in writing to the release.
(c) Duration.
To the extent permitted by the Maryland Public Information Act, the confidentiality protections imposed by this section terminate when the Director or Board determines that the respondent or another person has violated any provision of the City Code under the Department's jurisdiction.
Article 2. Consumer Protections
Subtitle 1. Auctions
§ 1-1. [Auction Advisory Board - created.] Reserved.
[(a) Created.]
[There shall be an Auction Advisory Board comprised of 3 members appointed by the Mayor in accordance with Article IV, § 6 of the Charter.]
[(b) Member qualifications.]
[(1) The members shall be citizens and residents of the State of Maryland for 5 years
immediately preceding their appointment.]
[(2) 2 of the members shall be auctioneers, licensed to practice as such, for at least 5
years immediately preceding their appointment.]
[(c) Compensation.]
[Board members shall serve without compensation.]
§ 1-2. [Auction Advisory Board - duties.] Reserved.
[The Auction Advisory Board:]
[(1) shall investigate and interview applicants regarding their qualifications for
appointment and make recommendations to the Mayor;]
[(2) shall, upon the verified complaint of a specific wrongful act, and may, on its own
motion, investigate any act in violation of this subtitle and shall recommend to the Mayor, {the} suspension or revocation of {a} license; and]
[(3) shall render advice to the Mayor on any question relating to the auction
profession.]
§ 1-4. Maximum appointees; applications.
(a) In general.
In accordance with the terms of this subtitle, the [Mayor] Director of the Department of Business Licensing and Consumer Protection shall appoint as many auctioneers in the City of Baltimore as [he] the Director may deem proper, not to exceed 50.
(b) Application.
Applications for appointment shall be under oath on a form approved by the [Mayor] Director of the Department of Business Licensing and Consumer Protection and shall contain the applicant’s qualifications for appointment.
§ 1-6. Designation of associates.
Within 30 days of his appointment, and upon any change thereafter, every auctioneer shall deposit with the Director of [Finance] the Office of Business Licensing and Consumer Protection the names of all officers, associates, partners, or employees designated by him to conduct auction sales.
§ 1-8. Surety bond.
(b) Filing.
Said bond shall be filed in duplicate with the Director of [Finance] the Office of Business Licensing and Consumer Protection, and the duplicate shall be forwarded to the City Comptroller for his signatory approval and returned to the Director.
(c) Loss of surety.
(1) In the event the surety leaves the State or becomes insolvent, the Director of [Finance] the Office of Business Licensing and Consumer Protection shall demand a substitute surety.
(2) If the auctioneer fails to provide other security within 15 days after such demand, the license issued thereupon shall become null and void and the Director of [Finance] the Office of Business Licensing and Consumer Protection shall give notice thereof in 2 or more daily newspapers.
§ 1-9. License.
(a) Fee; term.
(1) Upon the receipt of an approved surety bond and of a $1,600-license fee, the Director of [Finance] the Office of Business Licensing and Consumer Protection shall issue a license to a duly appointed auctioneer for the term of 1 year.
§ 1-11. License suspension or revocation.
(a) In general.
On timely notice and hearing by the [Auction Advisory] Business Licensing and Consumer Protection Board, and receipt of the Board’s recommendation, the [Mayor] Director of the Office of Business Licensing and Consumer Protection may suspend or revoke the license of any auctioneer for any violation of this subtitle for which a civil liability or criminal penalty may be imposed.
§ 1-18. Auction sales of jewelry - merchant’s stock.
(d) Statement by merchant.
(1) Not more than 15 nor less than 10 days before commencing any sale, the merchant must file with the Police Commissioner of Baltimore City and the Director of Business Licensing and Consumer Protection a statement setting forth:
. . .
(e) Affidavit and report by auctioneer.
(1) At least 2 days before the commencement of such sale the auctioneer named in the foregoing statement shall file with said Police Commissioner and the Director of Business Licensing and Consumer Protection an affidavit subscribed and sworn to by him:
. . .
(2) Within 10 days after the conclusion of said sale, said auctioneer shall file with said Police Commissioner and the Director of Business Licensing and Consumer Protection a report subscribed by said auctioneer and sworn to by him before a notary public:
. . .
(g) Other business prohibited during sale.
Except in the case of auction sales conducted at the rooms of some duly licensed auctioneer, as set forth in subsection (c) preceding, during the time when and while such auction sale is being conducted, no business other than the jewelry business which had been conducted for the period of 90 days immediately prior to the commencement of said auction sale, shall be conducted or engaged in at and in the place so designated in the statement filed with the Police Commissioner of Baltimore City and the Director of Business Licensing and Consumer Protection.
Subtitle 4. [False Advertising] Unfair, Abusive, or Deceptive Trade Practices
§ 4-1. [Prohibited conduct.] Unfair, abusive, or deceptive trade practices.
[It is unlawful for any person, firm, or corporation that offers for sale merchandise,
commodities, or service to make, publish, disseminate, circulate, or place before the general public within this City, in a newspaper or other publication, in a public notice or announcement broadcast on radio or television, or in the form of a book, notice, handbill poster, bill, circular, pamphlet, or letter, or in any other way, an advertisement describing such merchandise, commodities, or service, as part of a plan or scheme:]
[(1) with the intent not to sell such merchandise, commodities, or service so advertised at the price stated therein; or]
[(2) with the intent not to sell such merchandise, commodities, or service so
advertised.]
“Unfair, abusive, or deceptive trade practices” has the meaning stated in
Title 13 of the State Commercial Law Article.
§ 4-2. [Penalties.] Prohibited conduct.
[Any person who violates any provision of this subtitle shall be deemed guilty of a
misdemeanor and, upon conviction thereof, may be imprisoned for not exceeding 12 months; and such person or the firm or corporation under whose direction he was acting may, in the discretion of the Court, be subject to a fine of not exceeding $500.]
It is unlawful for any person to engage in unfair, abusive, or deceptive trade practices.
§ 4-3. Civil penalties.
(a) In general.
A person who engages in unfair, abusive, or deceptive trade practices is subject to a civil penalty of not more than $1,000 for each violation under City Code Article 1, subtitle 41 {“Civil citations”}.
(b) Each violation a separate offense.
Each violation of this subtitle is a separate offense and each day upon which a violation occurs is a separate violation.
(c) Process not exclusive.
The issuance of a citation to enforce this subtitle does not preclude pursuing any other equitable, civil, or criminal remedy or enforcement action authorized by law.
§ 4-4. Criminal penalties.
(a) In general.
A person who engages in unfair, abusive, or deceptive trade practices is guilty of a misdemeanor and, on conviction, is subject to a fine of not more than $1000, imprisonment for not more than 90 days, or both, for each offense.
(b) Each violation a separate offense.
Each violation of this subtitle is a separate offense, and each day upon which a violation occurs is a separate violation.
Subtitle 6. “Going Out of Business” Sales
§ 6-1. Definitions.
(e) Licensor.
“Licensor” shall mean the Director [of Finance] the Department of Business Licensing and Consumer Protection of Baltimore City.
§ 6-11. License renewal.
(c) Renewal fee.
The fee for this renewal of license shall be $50 payable to the [licensor] Director of Finance.
Subtitle 7. Scrap Collectors and Scavengers
§ 7-3. Rules and regulations.
Subject to Title 4 {“Administrative Procedure Act - Regulations”} of the City General Provisions Article, the Department of Business Licensing and Consumer Protection, in consultation with the Police Commissioner may adopt rules and regulations to carry out this subtitle.
§ 7-4. Permit or photo ID required.
No individual may remove scrap from any premises in the City, transport scrap through any street or alley in the City, or sell or offer to sell any scrap in the City unless the individual has, on his or her person:
(1) a permit to do so from the [Police Commissioner] Department of Business Licensing and Consumer Protection; or
. . .
§ 7-5. Permits - Application and issuance.
(a) Application.
(1) An application for a permit under this subtitle must:
(i) be on the form that the [Police Commissioner] Director of the Department of Business Licensing and Consumer Protection provides; and
(ii) contain the information that the [Police Commissioner] Director of the Department of Business Licensing and Consumer Protection requires.
(2) The application for an initial license must be made in person, at the places the [Police Commissioner] Director of the Department of Business Licensing and Consumer Protection designates.
. . .
(b)