The County's Secondhand Personal Property law requires a dealer in secondhand personal property to
Who must be licensed?
Any person in the business of buying, receiving, or marketing secondhand personal property or acting as an auctioneer in Montgomery County must obtain a Secondhand Personal Property license. This law was amended effective April 7, 2009, to clarify that the law applies to individuals making or assisting in sales over the Internet.
Who is exempt from licensing?
Any person that buys personal property at a public sale is exempt from licensing. Under COMCOR 44A.03.01.09, Charitable organizations may apply for an exemption to licensing, holding, recordkeeping and reporting requirements. The OCP has an Exemption Request Form. If the charitable organization only deals in secondhand personal property which are donated, they are automatically exempt from the law.
What is secondhand personal property?
Personal property includes: Radios and other audio equipment; televisions and other video equipment; photographic, optical and computer equipment; typewriters, calculators and other electronic or electrical home or office appliances, machines or equipment; firearms; bicycles; jewelry; furs, leather goods; watches; paintings; fine or historic china, crystal, glass or porcelain; objets d'art; power tools; carpets and rugs; musical instruments; and any item serialized, marked for identification purposes, or engraved. Chapter 44A of the Executive Regulations was amended in September 2016 to provide a financial limit to its reporting requirements. Thereafter, certain items under $75 are not included in the definition of "secondhand personal property." For a full listing of what is and is not included in the law, please see COMCOR 44A.03.01.01(d)(-(e).
The Office of Consumer Protection licenses secondhand personal property dealers. Submit your application here:
Mail the completed application and check or money order (cash is not accepted) payable to "Montgomery County, Maryland" in the amount of $50.00 to Office of Consumer Protection, Licensing & Registration Unit, 100 Maryland Avenue, Suite 330, Rockville, MD 20850.
Licenses are valid for one year and expire on July 30th of every year. Any person who fails to obtain the license is subject to a $500.00 Civil Citation and an Order for Abatement. Failure to comply with the Order is subject to contempt proceedings.
The following laws govern Secondhand Personal Property Dealers in Montgomery County:
Below is a summary of the main dealer requirements. OCP has created this summary for informational purposes only. License applicants should review the laws to ensure compliance with all regulations.
Reporting Requirements ( See § 44A-3 for full reporting requirements)
Montgomery County Police Department
Pawn, Precious Metal and Secondhand Property Unit
100 Edison Park Drive, 5th Floor
Gaithersburg, MD 20878
Investigator: Judy Hanger
Provides information on how to properly set up business to meet County's reporting
and holding requirements.
|Maryland Department of Assessment and Taxation
301 W. Preston Street
Baltimore, MD 21201
T: 410 767-1184
T: 800 735-2258
|Visit the Maryland Department of Assessment and Taxation to:
|Internal Revenue Service (IRS)
11510 Georgia Avenue
Wheaton, MD 20902
T: 202 283-8097
|Obtain a Federal Employer Identification Number|
|Comptroller of Maryland
Revenue Administration Center
Annapolis, MD 21411
Maryland Combined Registration Application
|File a combined registration form to establish your tax accounts with the Comptroller of Maryland.|
|Business License Information System
|Licensing and permit information for businesses in Maryland|
|Montgomery County Circuit Court
Montgomery Court License Department
50 Maryland Avenue, Room 111
Montgomery County Circuit Court
|Provides information on business licenses in Montgomery County Maryland.|