reglab/statecodes huggingface dataset:
2023 Maryland Statutes › Business Regulation › Title 12 - Secondhand Precious Metal Object Dealers and Pawnbrokers › Subtitle 2 - Secondhand Precious Metal Object Dealers › Section 12-203 - Fees for Employees

Before an individual may begin work for a dealer as an employee:
(1)    the dealer shall submit to the Secretary, on the form that the Secretary provides, the name of the individual; and
(2)    the individual shall apply for a national and State criminal history records check required under § 12-204(b) of this subtitle.
2023 Maryland Statutes › Business Regulation › Title 12 - Secondhand Precious Metal Object Dealers and Pawnbrokers › Subtitle 2 - Secondhand Precious Metal Object Dealers › Section 12-204 - Investigation

(a)    In this section, “Central Repository” means the Criminal Justice Information System Central Repository of the Department of Public Safety and Correctional Services.
(b)    Applicants for licenses under § 12–201 of this subtitle and individuals whose names must be submitted to the Secretary under § 12–203 of this subtitle shall apply to the Central Repository for a national and State criminal history records check on a form approved by the Director of the Central Repository.
(c)    The Central Repository shall provide to the Secretary:
(1)    the national and State criminal history records of each individual requiring a criminal history records check under subsection (b) of this section and issue a printed statement listing any convictions and pleas of guilty or nolo contendere to any criminal charge;
(2)    an update of the initial criminal history records check for an individual requiring a criminal history records check and issue a revised printed statement listing any convictions and pleas of guilty or nolo contendere to any criminal charge occurring in the State after the date of the initial criminal history records check; and
(3)    an acknowledged receipt of the application for a criminal history records check by an individual requiring a criminal history records check.
(d)    An individual requiring a criminal history records check shall submit a complete set of legible fingerprints taken at any designated State or local law enforcement office in the State or other agency or location approved by the Secretary of the Department of Public Safety and Correctional Services to the Central Repository.
(e)    An individual requiring a criminal history records check under subsection (b) of this section shall pay:
(1)    the mandatory processing fee required by the Federal Bureau of Investigation for a national criminal history records check; and
(2)    the fee authorized under § 10–221(b)(7) of the Criminal Procedure Article for access to Maryland criminal history records.
(f)    A dealer or an applicant may pay for the costs borne by the employee or other individual requiring a criminal history records check under subsection (b) of this section.
(g)    (1)    Information obtained by the Secretary from the Central Repository under this title shall be confidential and may be disseminated only to the individual who is the subject of the criminal history records check.
(2)    Nothing in paragraph (1) of this subsection shall preclude the Secretary from notifying a dealer or an applicant of the approval or disqualification of the employee for employment based on information obtained by the Secretary under this section.
(h)    The Secretary shall verify periodically the continued employment or licensure of individuals requiring criminal history records checks in accordance with regulations adopted by the Secretary of the Department of Public Safety and Correctional Services.
2023 Maryland Statutes › Business Regulation › Title 12 - Secondhand Precious Metal Object Dealers and Pawnbrokers › Subtitle 2 - Secondhand Precious Metal Object Dealers › Section 12-205 - Issuance of License

(a)    Upon receipt of a complete national and State criminal record report from the Central Repository in accordance with § 12-204 of this subtitle, the Secretary shall issue a license to each applicant who meets the requirements of this subtitle.
(b)    The Secretary:
(1)    may issue a license only for a fixed business address; but
(2)    may not issue a license for an address that is:
(i)    a hotel or motel room;
(ii)    a motor vehicle;
(iii)    a post office box; or
(iv)    a location which does not meet the qualifications as defined in § 12-101(d) of this title.
(c)    The Secretary may not issue more than 1 license for any single business location unless the dealers at that location are in partnership.
(d)    The Secretary may not issue a license to a minor.
(e)    Whenever a license is suspended or revoked, another license may not be issued to a dealer for the same business location unless the applicant provides the documentation and information, which the Secretary establishes by regulation, is necessary to demonstrate that the applicant will be engaging in a business which is separate and independent from the business of the revoked or suspended license.
2023 Maryland Statutes › Business Regulation › Title 12 - Secondhand Precious Metal Object Dealers and Pawnbrokers › Subtitle 2 - Secondhand Precious Metal Object Dealers › Section 12-206 - Scope of License

(a)    A license authorizes the licensee to do business as a dealer only at the address for which the license is issued.
(b)    Notwithstanding subsection (a) of this section, a dealer who holds a license under this subtitle may:
(1)    make purchases at an estate and judicial sale; and
(2)    transact business at the residence of the owner of a precious metal object or a place where the owner keeps a precious metal object:
(i)    on request of the owner; and
(ii)    after giving written notice of the proposed transaction and its location to the local law enforcement unit with jurisdiction over that location.
2023 Maryland Statutes › Business Regulation › Title 12 - Secondhand Precious Metal Object Dealers and Pawnbrokers › Subtitle 2 - Secondhand Precious Metal Object Dealers › Section 12-208 - Display of License

(a)    Each licensee shall display the license conspicuously in the place of business of the licensee.
(b)    (1)    Only a licensed dealer may advertise for the commercial trading with the public or acquiring from the public in secondhand precious metal objects.
(2)    An advertisement for the commercial trading with the public or acquiring from the public in secondhand precious metal objects shall include the name and license number of the licensee, in compliance with applicable regulations adopted by the Department.
2023 Maryland Statutes › Business Regulation › Title 12 - Secondhand Precious Metal Object Dealers and Pawnbrokers › Subtitle 2 - Secondhand Precious Metal Object Dealers › Section 12-210 - Denials, Reprimands, Suspensions, and Revocations -- Hearings

(a)    Except as otherwise provided in § 10-226 of the State Government Article, before the Secretary takes any final action under § 12-209 of this subtitle, the Secretary shall give the individual against whom the action is contemplated an opportunity for a hearing before the Secretary.
(b)    The Secretary shall give notice and hold the hearing in accordance with Title 10, Subtitle 2 of the State Government Article.
(c)    The Secretary may administer oaths in a proceeding under this section.
(d)    If, after due notice, the individual against whom the action is contemplated does not appear, nevertheless the Secretary may hear and determine the matter.
2023 Maryland Statutes › Business Regulation › Title 12 - Secondhand Precious Metal Object Dealers and Pawnbrokers › Subtitle 2 - Secondhand Precious Metal Object Dealers › Section 12-211 - Judicial Review

A party to a proceeding under this title who is aggrieved by a final decision of the Secretary in a contested case, as defined in § 10-202 of the State Government Article, may take an appeal as allowed in §§ 10-222 and 10-223 of the State Government Article.
2023 Maryland Statutes › Business Regulation › Title 12 - Secondhand Precious Metal Object Dealers and Pawnbrokers › Subtitle 3 - Precious Metal Objects -- Records; Holding Period; Inspection › Section 12-301 - Required Records

(a)    (1)    Each dealer shall make a written record, on a form provided by the Secretary, of each business transaction that involves the acquisition of a secondhand precious metal object when the transaction is made.
(2)    Each dealer shall retain the original copy of the written record required to be made under paragraph (1) of this subsection at the dealer’s place of business.
(b)    Each pawnbroker shall make a written record, on a form provided by the Secretary, of each business transaction that involves:
(1)    lending money on pledge of personal property, other than a security or printed evidence of indebtedness;
(2)    buying personal property on condition of selling it back at a stipulated price; or
(3)    buying the following items for the purpose of resale:
(i)    binoculars;
(ii)    cameras;
(iii)    firearms;
(iv)    furs;
(v)    household appliances;
(vi)    musical instruments;
(vii)    office machines or equipment;
(viii)    radios, televisions, videodisc machines, videocassette recorders, and stereo equipment;
(ix)    personal computers, tapes, and disc recorders;
(x)    watches;
(xi)    bicycles; and
(xii)    tangible personal property pledged as collateral.
(c)    Each pawnbroker shall make a written record, on a form provided by the Secretary, of each transaction that involves the acquisition of an item described in subsection (b)(3) of this section for the purpose of resale.
(d)    (1)    A separate record entry shall be made for each item involved in a transaction.
(2)    Items in a matching set may be recorded as a set if acquired in a single transaction.
(e)    During the holding period required under § 12–305 of this subtitle, a dealer may place all of the items acquired in a single transaction in a secure container that has been approved by the primary law enforcement unit, if:
(1)    each item in the transaction has a separate record entry in the written record required under this section; and
(2)    the secure container is tagged by the dealer with the number that corresponds to the transaction under which the items were acquired and the written record listing the items obtained in the transaction.
(f)    (1)    When a dealer places items into the dealer’s inventory, the dealer shall tag each item individually with a number that corresponds to the transaction under which it was acquired. However, items acquired in a matching set may be tagged as a set.
(2)    Each item tagged by a dealer under paragraph (1) of this subsection shall remain tagged for the entire period the item is stored in the dealer’s inventory.
(g)    For the purposes of this subtitle, there is a presumption that an object is a precious metal object if:
(1)    it reasonably appears to be a precious metal object; and
(2)    it was received by a dealer in the course of business or is found in the place of business or storage facility of a dealer.
2023 Maryland Statutes › Business Regulation › Title 12 - Secondhand Precious Metal Object Dealers and Pawnbrokers › Subtitle 3 - Precious Metal Objects -- Records; Holding Period; Inspection › Section 12-302 - Contents of Records

(a)    In addition to any other information required by the Secretary, the records of a dealer shall include:
(1)    the date, place, and time of each transaction that involves the acquisition of a precious metal object;
(2)    the name and address of the principal, if the transaction is by an agent;
(3)    a description of the precious metal object, including:
(i)    its approximate metallic composition;
(ii)    any jewels, stones, or glass parts;
(iii)    any mark, number, word, or other identification on the precious metal object;
(iv)    its weight, if payment is based on weight;
(v)    a statement whether it appears to have been altered by any means, including:
1.    obscuring a serial number or identifying feature;
2.    melting; or
3.    recutting a gem; and
(vi)    the amount paid or other consideration;
(4)    for each individual from whom the dealer acquires a precious metal object:
(i)    the name, date of birth, and driver’s license number of the individual; or
(ii)    identification information about the individual that:
1.    positively identifies the individual from at least 2 forms of identification, which may include an age of majority card, military identification, or passport; and
2.    provides a physical description of the individual, including the sex, race, any distinguishing features, and approximate age, height, and weight of the individual;
(5)    a statement indicating whether or not the person making the transaction is personally known to the dealer; and
(6)    the signature of the person from whom the precious metal object or personal property is acquired and the dealer or employee who accepted the precious metal object.
(b)    In addition to any other information required by the Secretary, the records of a pawnbroker shall include, for each item pawned:
(1)    the type of item;
(2)    its manufacturer, model number, year of manufacture if known, and serial number if known; and
(3)    its color and size.
2023 Maryland Statutes › Business Regulation › Title 12 - Secondhand Precious Metal Object Dealers and Pawnbrokers › Subtitle 3 - Precious Metal Objects -- Records; Holding Period; Inspection › Section 12-303 - Retention of Records

Unless otherwise authorized by the Secretary, a dealer shall keep the records required by this subtitle, at a location within the State, for 3 years after the date of the transaction.
2023 Maryland Statutes › Business Regulation › Title 12 - Secondhand Precious Metal Object Dealers and Pawnbrokers › Subtitle 3 - Precious Metal Objects -- Records; Holding Period; Inspection › Section 12-304 - Copies to Primary Law Enforcement Units

(a)    (1)    A dealer shall submit the required information from each record to the primary law enforcement unit in accordance with subsection (b) of this section.
(2)    If the dealer transacts business in accordance with § 12–206(b) of this title, the dealer also shall submit the required information from the records to the local law enforcement unit in accordance with subsection (b) of this section.
(3)    On the request of a dealer, the Secretary shall provide to the dealer a list of local law enforcement units.
(b)    (1)    Subject to paragraph (2) of this subsection, the dealer shall submit the records by transmitting the required information from the records electronically, in a format acceptable to the receiving law enforcement unit, by noon of the next business day.
(2)    A dealer may request an extension of up to 48 hours to submit the records required under paragraph (1) of this subsection.
(c)    Each record, submitted to the primary law enforcement unit and, if applicable, local law enforcement unit, shall include:
(1)    the license number of the dealer;
(2)    the location of each item listed in the record; and
(3)    the information required under § 12–302 of this subtitle.
(d)    The required information from a record submitted under this section:
(1)    shall be kept confidential;
(2)    is not a public record; and
(3)    is not subject to Title 4 of the General Provisions Article.
(e)    The primary law enforcement unit shall adopt a procedure for a dealer to amend a record required to be submitted under this section.
(f)    A law enforcement unit may cease to maintain a record submitted under this section after 1 year from the date the law enforcement unit receives the copy.
2023 Maryland Statutes › Business Regulation › Title 12 - Secondhand Precious Metal Object Dealers and Pawnbrokers › Subtitle 3 - Precious Metal Objects -- Records; Holding Period; Inspection › Section 12-305 - Holding Period for Precious Metal Objects

(a)    (1)    (i)    1.    Except as otherwise provided in this section, a dealer who acquires a precious metal object shall keep it in the county where the dealer holds a license from the time of acquisition until at least 18 days after submitting a copy of a record of its acquisition under § 12–304 of this subtitle.
2.    Notwithstanding subparagraph (ii) of this paragraph, the 18–day holding period established under this subparagraph applies to a precious metal object that:
A.    a dealer licensed in Prince George’s County acquired in a pawn transaction; and
B.    an individual seeks to redeem by presenting the original ticket issued as part of the pawn transaction.
(ii)    A dealer who holds a license in Prince George’s County and who acquires a precious metal object, other than a pawned precious metal object described in subparagraph (i)2 of this paragraph, shall keep it in Prince George’s County from the time of acquisition until at least 30 days after submitting a copy of a record of its acquisition under § 12–304 of this subtitle.
(2)    A dealer who acquires a precious metal object at an event which takes place at a location other than the dealer’s fixed business address shall place the object and a record of its acquisition at a location in accordance with subsection (d)(1) or (2) of this section by the next business day after acquiring the object.
(3)    In partial compliance with the 18–day holding requirement under this subsection, a dealer may maintain an object and the record of its acquisition at a location other than the dealer’s fixed business address, if the local law enforcement unit in the jurisdiction where the item was acquired provides written approval.
(b)    (1)    A dealer may submit to the primary law enforcement unit a written request for a shorter holding period for a specific precious metal object.
(2)    Within 48 hours after the primary law enforcement unit receives a request, the primary law enforcement unit shall approve or deny the request.
(3)    After inspecting the precious metal object, the primary law enforcement unit may authorize in writing a shorter holding period.
(4)    If the primary law enforcement unit denies the request, the primary law enforcement unit shall state the reasons in writing.
(c)    (1)    Except as provided in paragraph (2) of this subsection, a dealer may not alter a precious metal object before or during the holding period.
(2)    During the holding period, a dealer may chemically test a precious metal object to determine its metal content or value if the dealer does not alter the precious metal object so as to affect its identification or value.
(d)    During the holding period for a precious metal object, a dealer shall keep the precious metal object and the record of its acquisition in:
(1)    the place of business of the dealer; or
(2)    a storage facility specified in the license application of the dealer.
2023 Maryland Statutes › Business Regulation › Title 12 - Secondhand Precious Metal Object Dealers and Pawnbrokers › Subtitle 3 - Precious Metal Objects -- Records; Holding Period; Inspection › Section 12-306 - Inspection of Records and Precious Metal Objects

(a)    A dealer shall allow an authorized law enforcement officer or agent, on request, to enter the place of business or storage premises of the dealer during business hours to inspect a record required to be maintained under this title or precious metal object as part of a stolen property investigation or an investigation of a violation of this title.
(b)    (1)    On request of the dealer, the officer or agent shall make the inspection in the presence of the dealer or an agent of the dealer.
(2)    If the dealer refuses to allow access or produce the record or precious metal object for inspection, the officer or agent shall seek a search warrant.
(3)    A warrant authorizing an administrative inspection for possible regulatory violations shall be issued if the officer or agent establishes probable cause for the selection of the place of business in question for inspection and that the inspection will be reasonably limited in time, place, and scope.
(c)    A dealer who refuses to allow access or to produce records or precious metal objects for inspection on request, shall be subject to the provisions of § 12–209 of this title and, in addition, may be assessed a civil penalty as provided in subsection (d) of this section.
(d)    (1)    The Secretary may impose on a licensee who violates this section a civil penalty not exceeding $500 for each violation.
(2)    In setting the amount of a civil penalty under this subsection, the Secretary shall consider:
(i)    the seriousness of the violation;
(ii)    the good faith of the violator;
(iii)    any previous violations;
(iv)    the harmful effect of the violation on the complainant, the public, and the business of the dealer or pawnbroker; and
(v)    any other relevant factors.
2023 Maryland Statutes › Business Regulation › Title 12 - Secondhand Precious Metal Object Dealers and Pawnbrokers › Subtitle 4 - Miscellaneous Provision › Section 12-403 - Violation of Title; Compliance

(a)    If there is probable cause to believe that a violation of this title has occurred, the Secretary shall have the authority to issue subpoenas for records, reports, or articles in connection with any investigation or administrative proceeding under this title.
(b)    If a licensee or a licensee’s employee fails to comply with a subpoena issued under this section, on petition of the Secretary, a circuit court may compel compliance with the subpoena.
2023 Maryland Statutes › Business Regulation › Title 12 - Secondhand Precious Metal Object Dealers and Pawnbrokers › Subtitle 5 - Prohibited Acts; Penalties › Section 12-502 - Penalties

(a)    (1)    A person who willfully or knowingly violates this title is guilty of a misdemeanor and, on conviction, is subject to a fine not exceeding $10,000 or imprisonment not exceeding 2 years or both.
(2)    Each associate, employee, manager, or partner who participates in or consents to a violation of this title is guilty of a misdemeanor and, on conviction, is subject to a fine not exceeding $5,000 or imprisonment not exceeding 1 year or both.
(3)    Each violation of this title is a separate offense.
(b)    (1)    The Secretary may impose on a person who violates any provision of this title a penalty not exceeding $5,000 for each violation.
(2)    In setting the amount of the penalty, the Secretary shall consider:
(i)    the seriousness of the violation;
(ii)    the harm caused by the violation;
(iii)    the good faith of the violator;
(iv)    any history of previous violations by the violator; and
(v)    any other relevant factors.
(3)    The Secretary shall pay any penalty collected under this subsection into the General Fund of the State.
2023 Maryland Statutes › Business Regulation › Title 12.5 - Locksmiths › Subtitle 1 - Definitions; General Provisions › Section 12.5-101 - Definitions

(a)    In this title the following words have the meanings indicated.
(b)    “Business” means a commercial entity that provides locksmith services.
(c)    “Employee” means an individual employed by a licensed locksmith to provide locksmith services on behalf of the licensed locksmith.
(d)    “Fixed business address” means a single physical location where a licensee conducts business and at which the licensee or an employee of the licensee is available:
(1)    during normal business hours; or
(2)    other hours as provided in the application for the license.
(e)    “License” means a license issued by the Secretary to provide locksmith services.
(f)    “Licensed locksmith” means, unless the context requires otherwise, a business that is licensed by the Secretary to provide locksmith services.
(g)    “Local law enforcement unit” means the Department of State Police, a police department in the State, or sheriff in the State:
(1)    designated by the county or municipal governing body for a licensee with an in–State fixed business address; or
(2)    designated by the Secretary for a licensee with an out–of–state fixed business address.
(h)    “Provide locksmith services” means to engage professionally and for compensation in:
(1)    repairing, rebuilding, rekeying, repinning, recombinating, adjusting, or installing mechanical, electrical, or electromechanical locking devices, safes, vaults, or safe deposit boxes; or
(2)    operating a mechanical, electrical, or electromechanical locking device or opening safes, vaults, or safe deposit boxes by a means other than that intended by the manufacturer of such locking devices.
2023 Maryland Statutes › Business Regulation › Title 12.5 - Locksmiths › Subtitle 1 - Definitions; General Provisions › Section 12.5-103 - Prohibited Acts

The provisions of this title may not be construed to prohibit the following:
(1)    bona fide sales demonstrations to locksmiths or locksmith suppliers by sales representatives who are not licensed;
(2)    emergency opening services by members of police departments, fire departments, or other government agencies in their official line of duty in order to protect against loss of life or property;
(3)    the acquisition, making, or use of any key duplication or key blanks;
(4)    the replacing of a removable or interchangeable core or recombinating a cylinder in a lock that was specifically designed by the manufacturer to be changed by the end user by use of a key;
(5)    the installation, repair, replacement, or rebuilding of a lock by the manufacturer of the lock;
(6)    the installation, repair, replacement, or rebuilding of an automotive lock by an automotive repair and service facility, the lock manufacturer, or the manufacturer’s agent;
(7)    the installation of locks by building trades personnel on projects that require a building permit;
(8)    the installation or replacement of locks by a retailer or the retailer’s agent:
(i)    on the premises of the retailer; or
(ii)    off the premises of the retailer if the installation or replacement of locks is incidental to the retailer’s normal course of business;
(9)    the installation or replacement of locks by a security systems technician who is licensed under Title 18 of the Business Occupations and Professions Article; and
(10)    the installation, repair, replacement, rekeying, or adjusting of locks or lock components for property by an employee or agent of the property owner or a management company.
2023 Maryland Statutes › Business Regulation › Title 12.5 - Locksmiths › Subtitle 2 - Licensing › Section 12.5-202 - Application

(a)    The owner of a business or the owner’s designee shall apply on behalf of the business for a license under this subtitle.
(b)    (1)    An applicant for a license shall:
(i)    submit to the Secretary an application on the form that the Secretary provides;
(ii)    submit a passport–size photograph, taken within 6 months immediately preceding the date of the filing of the application, of each of the following individuals:
1.    the owner of the business; and
2.    each employee of the applicant;
(iii)    provide any other documents or information required by this section or required by the Secretary; and
(iv)    pay to the Secretary an application fee set by the Secretary.
(2)    The application fee is nonrefundable.
(c)    The applicant owner or designee shall sign the application under oath.
(d)    In addition to any other information that the Secretary requires, the application shall state:
(1)    the name, birth date, and residence address of the following individuals:
(i)    the applicant owner or designee; and
(ii)    each employee of the applicant;
(2)    the fixed business address of the applicant;
(3)    a telephone number at which the applicant can be reached during normal business hours, and, if applicable, an electronic mail address;
(4)    each address where the applicant has conducted any business during the 36 months before application;
(5)    the driver’s license number of the applicant owner or designee and each employee of the applicant; and
(6)    the name of the insurer and policy number of the general liability insurance coverage required under § 12.5–205 of this subtitle.
(e)    The application form provided by the Secretary shall contain a statement advising the applicant that willfully making a false statement on an application is a misdemeanor, subject to a fine or imprisonment or both, as provided under § 12.5–504 of this title.
2023 Maryland Statutes › Business Regulation › Title 12.5 - Locksmiths › Subtitle 2 - Licensing › Section 12.5-203 - Requirements Before Employee Can Work for Licensee

Before an individual may begin work for a licensee as an employee:
(1)    the licensee shall submit to the Secretary, on the form that the Secretary provides, the name of the individual; and
(2)    the individual shall apply for a national and State criminal history records check required under § 12.5–204(b) of this subtitle.
2023 Maryland Statutes › Business Regulation › Title 12.5 - Locksmiths › Subtitle 2 - Licensing › Section 12.5-205 - General Liability Insurance

(a)    Each licensed locksmith shall maintain general liability insurance:
(1)    in the amount of at least $300,000;
(2)    with coverage appropriate for the individual’s circumstances; and
(3)    in accordance with the regulations adopted by the Secretary under this section.
(b)    A licensee shall give the Secretary notice of the cancellation of insurance at least 10 days before the effective date of the cancellation.
2023 Maryland Statutes › Business Regulation › Title 12.5 - Locksmiths › Subtitle 2 - Licensing › Section 12.5-206 - Issuance of License

(a)    The Secretary shall issue a license to each applicant that meets the requirements of this subtitle and on receipt of:
(1)    a complete national and State criminal history record report from the Central Repository in accordance with § 12.5–204 of this subtitle; and
(2)    documentation of current general liability insurance in the amount required under § 12.5–205 of this subtitle.
(b)    The Secretary shall determine the size, form, and content of any license certificate that the Secretary issues.
(c)    The Secretary:
(1)    may issue a license only for a fixed business address; but
(2)    may not issue a license for an address that is:
(i)    a hotel or motel room;
(ii)    a motor vehicle;
(iii)    a post office box; or
(iv)    a location that does not meet the qualifications of a fixed business address as defined in § 12.5–101(d) of this title.
(d)    The Secretary may not issue a license to an individual who is 18 years old or younger.
(e)    A license issued under this title is not transferable.
2023 Maryland Statutes › Business Regulation › Title 12.5 - Locksmiths › Subtitle 2 - Licensing › Section 12.5-207 - Photo Identification Card

(a)    Each licensed locksmith shall issue a photo identification card to each individual providing locksmith services on behalf of the licensed locksmith, including each individual identified as an employee of the licensed locksmith under § 12.5–202 of this subtitle.
(b)    (1)    Subject to paragraph (2) of this subsection, the licensed locksmith shall determine the size, form, and content of a photo identification card that the licensed locksmith issues.
(2)    The photo identification card issued by a licensed locksmith under this section shall:
(i)    be composed of durable material;
(ii)    include a current passport–size photograph of the individual to whom the photo identification card is issued; and
(iii)    include the license number and license expiration date of the licensed locksmith’s license.
2023 Maryland Statutes › Business Regulation › Title 12.5 - Locksmiths › Subtitle 2 - Licensing › Section 12.5-209 - Term and Renewal

(a)    A license is issued for a term of 2 years.
(b)    Unless a licensee meets the insurance requirements of § 12.5–205 of this subtitle, the Secretary may not renew the license of the licensee.
(c)    (1)    Unless a license is renewed for a 2–year term as provided in this section, the license expires on the second anniversary of the effective date of the license.
(2)    A licensee that meets the requirements of this section may obtain a renewal of a license before the license expires for an additional 2–year term.
(3)    Once expired, a license may not be renewed.
(d)    (1)    At least 60 days before a license expires, the Secretary shall mail or electronically transmit to the licensee:
(i)    a renewal application form;
(ii)    a form that allows a licensee to update the information submitted in the original application or state that the information is current and accurate;
(iii)    except as provided in subsection (e) of this section, a form that requires the licensee to agree to continue to comply with each requirement applicable to the original application; and
(iv)    a notice that states:
1.    the date on which the current license expires; and
2.    the amount of the renewal fee.
(2)    If an electronic transmission under paragraph (1) of this subsection is returned to the Secretary as undeliverable, the Secretary shall mail to the licensee, at the last known address of the licensee, the materials required under paragraph (1) of this subsection within 10 business days of the date the Secretary received the notice that the electronic transmission was undeliverable.
(e)    The Secretary may require a licensee to submit a national and State criminal history records check with the renewal application.
(f)    The Secretary shall renew the license of each licensee who meets the requirements of this section.
(g)    (1)    A licensee may change the fixed business address for which a license is issued only if the licensee:
(i)    submits to the Secretary an application to transfer the license to a new business location on a form that the Secretary provides; and
(ii)    receives the written approval of the Secretary.
(2)    Within 45 days after the application is filed with the Secretary, the Secretary shall approve or disapprove the application and notify the licensee of the approval or disapproval, in writing.
(3)    If the Secretary approves a proposed change of fixed business address, the licensee shall:
(i)    submit to the Secretary a current list of names of each employee to be employed at the new location; and
(ii)    attach the written approval of the Secretary to the license until an amended license is received by the licensee.
(h)    The Secretary may determine that licenses issued under this subtitle shall expire on a staggered basis.
2023 Maryland Statutes › Business Regulation › Title 12.5 - Locksmiths › Subtitle 2 - Licensing › Section 12.5-210 - Display; Lost Identification Card; Change of Name on License

(a)    Each licensee shall display the license conspicuously in the place of business of the licensee.
(b)    A licensee and an employee of a licensee shall:
(1)    carry a valid photo identification card issued by a licensed locksmith under § 12.5–207 of this subtitle at all times the licensee or employee of a licensee is engaged in providing locksmith services; and
(2)    display the valid photo identification card as required by regulation.
(c)    If a photo identification card is lost or destroyed, the licensee immediately shall notify the licensed locksmith that issued the photo identification card.
(d)    (1)    To change the name of a licensee on a license, a licensee shall submit to the Secretary:
(i)    an application on the form provided by the Secretary;
(ii)    the license of the licensee;
(iii)    any documentation about the name change that the Secretary requires; and
(iv)    the fee set by the Secretary.
(2)    On receipt of the application, fee, and any required documentation, the Secretary shall issue a new license bearing the new name of the licensee.
2023 Maryland Statutes › Business Regulation › Title 12.5 - Locksmiths › Subtitle 2 - Licensing › Section 12.5-212 - Notice and Hearing

(a)    Except as otherwise provided in § 10–226 of the State Government Article, before the Secretary takes any final action under § 12.5–211 of this subtitle, the Secretary shall give the person against whom the action is contemplated an opportunity for a hearing before the Secretary.
(b)    The Secretary shall give notice and hold the hearing in accordance with Title 10, Subtitle 2 of the State Government Article.
(c)    The Secretary may administer oaths in a proceeding under this section.
(d)    If, after due notice, the person against whom the action is contemplated does not appear, nevertheless the Secretary may hear and determine the matter.
2023 Maryland Statutes › Business Regulation › Title 12.5 - Locksmiths › Subtitle 3 - Records › Section 12.5-301 - Information Required on Invoice

Each licensed locksmith shall include on each invoice or receipt for services the following information regarding each service call:
(1)    the address where the services were provided by the locksmith;
(2)    the type of lock being serviced;
(3)    the vehicle identification number, if applicable;
(4)    the quoted cost of the service provided to the customer prior to agreeing to provide the service; and
(5)    the actual cost of the service paid by the customer.
2023 Maryland Statutes › Business Regulation › Title 12.5 - Locksmiths › Subtitle 3 - Records › Section 12.5-302 - Copy of Invoice to Be Kept at Fixed Business Address

Unless otherwise authorized by the Secretary, a licensed locksmith shall keep a copy of each invoice or receipt for services required by this subtitle, at the fixed business address provided by the licensee to the Secretary, for 3 years after the date of the service call and, on reasonable notice from the Department, make required records available for inspection by the Department.
2023 Maryland Statutes › Business Regulation › Title 12.5 - Locksmiths › Subtitle 3 - Records › Section 12.5-303 - Copy of Invoice to Be Provided to Local Law Enforcement Unit or Department

(a)    (1)    A licensed locksmith shall provide to a local law enforcement unit or the Department a copy of each invoice or receipt for services requested by either a local law enforcement unit or the Department.
(2)    The Secretary shall encourage licensed locksmiths to develop a system for maintaining the records required by this subtitle electronically.
(b)    On a request for an invoice or a receipt for services under subsection (a) of this section, the licensed locksmith shall submit the item by one of the following methods:
(1)    by delivering or mailing a copy of the invoice or receipt for services within 5 business days after receiving the request; or
(2)    by transmitting a copy of the invoice or receipt for services electronically, in a format acceptable to the receiving local law enforcement unit or the Department, within 2 business days after receiving the request.
(c)    Each copy of an invoice or a receipt for services, submitted to the local law enforcement unit or the Department, shall include:
(1)    the license number of the licensed locksmith; and
(2)    the information required under § 12.5–301 of this subtitle.
(d)    A copy of an invoice or receipt for services submitted under this section:
(1)    shall be kept confidential;
(2)    is not a public record; and
(3)    is not subject to Title 4 of the General Provisions Article.
(e)    A local law enforcement unit or the Department may destroy the copy of an invoice or receipt for services submitted under this section after 1 year from the date the local law enforcement unit or the Department receives the copy.
2023 Maryland Statutes › Business Regulation › Title 12.5 - Locksmiths › Subtitle 5 - Prohibited Acts; Penalties › Section 12.5-501 - Knowing Use of Skills, Tools or Facilities to Aid Unlicensed Locksmith

A person may not knowingly use or permit the use of the licensee’s or an employee of the licensee’s skills, tools, or facilities to aid or abet an unlicensed locksmith in any activity for which a locksmith license is required for the commission of a crime.
2023 Maryland Statutes › Business Regulation › Title 12.5 - Locksmiths › Subtitle 5 - Prohibited Acts; Penalties › Section 12.5-504 - Penalties

Except for a violation of § 12.5–505(a) of this subtitle, a person that violates any provision of this subtitle is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $10,000 or imprisonment not exceeding 2 years or both.
2023 Maryland Statutes › Business Regulation › Title 12.5 - Locksmiths › Subtitle 5 - Prohibited Acts; Penalties › Section 12.5-505 - Unauthorized Practice

(a)    Except as otherwise provided in this title, a person may not act as, offer to act as, hold oneself out as, or impersonate a locksmith in the State unless the person is a licensee or employee of a licensee.
(b)    A person that violates this section is guilty of a misdemeanor and, on first conviction, is subject to a fine not exceeding $1,000 and, on second or subsequent conviction, is subject to a fine not exceeding $5,000.
2023 Maryland Statutes › Business Regulation › Title 12.5 - Locksmiths › Subtitle 5 - Prohibited Acts; Penalties › Section 12.5-506 - Civil Administrative Action

(a)    Subject to the notice and hearing provisions of Title 10, Subtitle 2 of the State Government Article, the Secretary may bring a civil administrative action against a person that violates § 12.5–505(a) of this subtitle.
(b)    After a hearing, if the Secretary finds that a person has violated § 12.5–505(a) of this subtitle, the Secretary may:
(1)    order the person to cease and desist from unlawful practice; and
(2)    impose a civil penalty not exceeding $100 for each day of unlawful practice.
(c)    Any person aggrieved by a decision and order of the Secretary under this section may take an appeal as allowed in Title 10, Subtitle 2 of the State Government Article.
2023 Maryland Statutes › Business Regulation › Title 12.5 - Locksmiths › Subtitle 5 - Prohibited Acts; Penalties › Section 12.5-507 - Repeated Violations

(a)    This section applies only if there is no greater criminal penalty provided under this title or other applicable law.
(b)    A person that engages in repeated violations of the provisions of this title is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $5,000.
2023 Maryland Statutes › Business Regulation › Title 13 - Trading Stamp Companies › Section 13-101 - Definitions

(a)    In this title the following words have the meanings indicated.
(b)    (1)    “Trading stamp” means a stamp or other similar device issued in connection with the retail sale of goods or services, as a cash discount or for any other marketing purpose, that is redeemable for cash, goods, or services.
(2)    “Trading stamp” does not include a redeemable device that:
(i)    a manufacturer or packer of an article uses to advertise or sell the article; or
(ii)    a magazine, newspaper, or other publication issues and redeems.
(c)    “Trading stamp company” means a person who, in any way:
(1)    distributes trading stamps for retail issuance by others; or
(2)    redeems trading stamps for retailers.
2023 Maryland Statutes › Business Regulation › Title 13 - Trading Stamp Companies › Section 13-103 - Statements of Registration

(a)    On or before July 1 of each year, each trading stamp company shall:
(1)    submit to the Secretary of State:
(i)    a statement of registration;
(ii)    samples of its current trading stamps, trading stamp collection books, trading stamp redemption catalogues, and trading stamp distribution and redemption agreement forms;
(iii)    a short form of its balance sheet for its last fiscal year, certified by an independent certified public accountant; and
(iv)    a bond in accordance with § 13-104 of this title; and
(2)    pay to the Secretary of State a fee of $25.
(b)    The statement of registration shall include:
(1)    the name and principal address of the trading stamp company;
(2)    the state of its incorporation;
(3)    the names and addresses of its principal officers, partners, or owners;
(4)    the address of its principal office in the State;
(5)    the name and address of its principal officer, employee, or agent in the State;
(6)    the address of each place in the State where trading stamps will be redeemed; and
(7)    the gross income of the trading stamp company from its trading stamp business in the State for its last fiscal year, certified by an independent certified public accountant, unless it submits the maximum bond under § 13-104 of this title.
2023 Maryland Statutes › Business Regulation › Title 13 - Trading Stamp Companies › Section 13-104 - Bond

(a)    The bond required by this subtitle shall be:
(1)    payable to the State;
(2)    conditioned that the trading stamp company shall redeem its trading stamps whenever rightful holders present them for redemption; and
(3)    executed by:
(i)    the trading stamp company; and
(ii)    a corporate surety qualified to do business in the State.
(b)    (1)    The amount of the bond shall be based on the gross income of the principal obligor from trading stamp business in the State during its last fiscal year.
(2)    The amount of the bond is:
(i)    $25,000, if the principal obligor has not previously done business in the State or if the gross income was not more than $250,000;
(ii)    $50,000, if the gross income was more than $250,000 but not more than $500,000;
(iii)    $75,000, if the gross income was more than $500,000 but not more than $750,000; and
(iv)    $100,000, if the gross income was more than $750,000.
2023 Maryland Statutes › Business Regulation › Title 13 - Trading Stamp Companies › Section 13-105 - Claims Against Bond

(a)    (1)    If a trading stamp company fails to redeem its trading stamps, each rightful holder of its trading stamps may make a claim against the bond in accordance with this section.
(2)    For purposes of this section, a rightful holder includes a retailer that rightfully holds trading stamps for issuance to customers.
(b)    The claim shall be submitted to the Secretary of State within 3 months after the failure to redeem trading stamps.
(c)    (1)    The Secretary of State promptly shall determine whether the trading stamp company should have redeemed its trading stamps.
(2)    If the Secretary of State so determines, the Secretary of State shall notify the trading stamp company of that determination.
(d)    (1)    If the trading stamp company fails to redeem its trading stamps within 10 days after the notification, the Secretary of State shall publish notice of the failure in 3 consecutive issues of 1 or more newspapers that have general circulation in the State.
(2)    The notice shall state the time within which proofs of claim and the trading stamps on which they are based must be submitted to the Secretary of State.
(e)    Proofs of claim and the trading stamps on which they are based shall be submitted to the Secretary of State within 3 months after the first publication of the notice.
(f)    Promptly after the end of the 3-month period, the Secretary of State shall determine the validity of all claims.
(g)    The surety shall pay to the Secretary of State the lesser of:
(1)    the amount necessary to satisfy:
(i)    all valid claims; and
(ii)    reasonable administrative costs to determine and pay the claims; or
(2)    the amount of the bond.
(h)    The Secretary of State promptly shall:
(1)    distribute equitably to the claimants the proceeds of the bond, less reasonable administrative costs; and
(2)    destroy the trading stamps surrendered to the Secretary of State.
(i)    (1)    On the effective date of each new bond that a trading stamp company submits, all liability on earlier bonds ends.
(2)    A rightful holder who makes a claim under this section on or after that date shall make the claim only against the new bond.
2023 Maryland Statutes › Business Regulation › Title 13 - Trading Stamp Companies › Section 13-106 - Optional Redemption for Cash

(a)    A trading stamp company may not do business as a trading stamp company in the State unless:
(1)    a rightful holder may redeem trading stamps for cash if the trading stamps have a total cash value of at least 25 cents; and
(2)    the cash redemption value of the trading stamps is at least equal to the highest cash redemption value that the trading stamp company offers in any other jurisdiction.
(b)    (1)    Each trading stamp collection book shall contain a notice that states:
“If the total cash value of your trading stamps is at least 25 cents, they may be redeemed for cash instead of goods.
The cash value of a filled book of trading stamps is at least $(cash value to be stated)”.
(2)    The notice shall be printed in 12 point or larger type on the inside front cover of the book.
(3)    The trading stamp company shall display the same notice conspicuously at each place where the trading stamp company redeems trading stamps.