CHAPTER 7
LICENSES AND BUSINESS REGULATIONS
ARTICLE I. IN GENERAL
Sec. 7-1. Peddlers and hawkers of fruits and vegetables.
(a) Registration. No person shall hawk or peddle any of the articles enumerated in Section 15, of Chapter 65, as amended by Chapter 345 of the Acts of 1906 of the Revised Laws, until he has recorded his name and residence with the town clerk, and been assigned a number by him, or unless any vehicle or receptacle in which he shall carry or convey such articles shall have painted on it in letters and figures at least two (2") inches in height the name of the person selling, and the number given him by the town clerk.
(b) License.
(1) Required. No hawkers or peddlers of fruit or vegetables shall expose for sale or sell any fruit or vegetables in any street, land or public place in this town without first obtaining a license therefor from the Selectmen, who are hereby authorized to grant the same upon the payment of a license fee.
(2) Fee. Such license fee shall be determined by the Selectmen, but shall not exceed that fee which is prescribed for a license embracing this town by Section 19, of Chapter 65, of the Revised Laws.
Badge. The Selectmen may provide that any persons acting under a license provided for by
this section shall display a badge upon his person or vehicle, or both, when engaged in exposing for sale or selling fruit or vegetables.
Sec. 7-2. Authority to license junk collectors, examine vehicles.
The Selectmen may license suitable persons as junk collectors, to collect, by purchase or otherwise, junk, old metals, and secondhand articles from place to place in the town; and they may provide that such collectors shall display badges upon their persons or upon their vehicles, or upon both, when engaged in collecting, transporting or dealing in junk, old metals, or second-hand articles; and may prescribe the design thereof. They may also provide that any vehicle or receptacle used for the collection or keeping of the articles aforesaid may be examined at all times by the Selectmen, or by any person by them authorized thereto.
Sec. 7-3. Selling from vehicles on public ways.
(a) Stopping, standing prohibited. No person shall stand or stop any vehicle upon any public way in the town for the purpose of selling or offering for sale any food, beverage or goods, wares or merchandise therein or therefrom.
Exceptions. This section, however, shall not prevent the stopping of vehicles of hawkers,
and peddlers at dwelling houses for the purpose of selling goods, wares, or merchandise to
occupants thereof in accordance with the provisions of Chapter 101 of the General Laws and regulations made under authority thereof.
Sec. 7-4. Yard, garage, etc., sales.
Permit required. No yard, garage, porch or barn sale shall be held on any property in the
town without the property owner or occupant of said property first obtaining a permit from
the Board of Selectmen.
Term of permit. Each permit granted by the Board of Selectmen shall not be for more than
two (2) consecutive days of sale.
(c) Sale items. Only articles and items owned by the property owner or occupant shall be sold at
the yard, garage, porch or barn sale.
(d) Number of sales per year. Not more than two (2) yard, garage, porch or barn sales shall be held by any property owner or occupant of said property within a one-year period..
Sec. 7-5. Soliciting and Canvassing.
(a) License. It shall be unlawful for any solicitor or canvasser defined in this Bylaw to engage in such business within the Town without first obtaining a license therefor in compliance with the provisions of this Bylaw. The provisions of this Bylaw shall not apply to any person exempted under Chapter 101 of the General Laws or to any person duly licensed under Chapter 101 of the General Laws or to any person exempted by any other General Law, nor shall this Bylaw be construed to prevent route salesmen or other persons having established customers to whom they make periodic deliveries from calling upon such customers or from making calls upon prospective customers to solicit an order for future periodic deliveries.
(b) Definition of Solicitor/Canvasser. Any person who, for himself or for another person, firm or corporation travels by foot, automobile or any other type of conveyance from place to place, from house to house or street to street, taking or attempting to lease or take orders for wholesale/retail sale of goods, wares, merchandise or services including without limiting, the selling, distributing, exposing for sale or soliciting orders for magazines, books, periodicals or other articles of a commercial -nature, the contracting of all types of home improvements or for services to be performed in the future whether or not such individual has, carries or exposes for wholesale/retail sale a sample of the subject of such sale or whether he/she is collecting advance payment for such
wholesale/retail sales.
(c) Application for License. Applicants for a license shall file with the Chief of Police, on form issued by the Police Department, a written application signed under the penalties of perjury, containing the following information:
(1) Name of Applicant
(2) Address of Applicant (both local and permanent home address
(3) Applicant's height, weight, eye and hair color
(4) Applicant's social security number
(5) The length of time for which the right to do business is desired
(6) A brief description of the nature of the business and the goods to be sold
The name and home office address of the applicant's employer. If self-employed,
it shall so state
A photograph of the applicant which picture shall be submitted by the applicant and
be 2" x 2" showing the head and shoulders of the applicant in a clear and
distinguishing manner
If operating a motor vehicle: The year, make, color, VIN #, registration number, state
of registration, vehicle's owner and address.
Upon filing said application, each applicant shall pay a fee of Twenty ($20.00) Dollars.
(d) Investigation and Issuance of License.
Upon receipt of the application form, the Chief of Police or his designee shall
investigate the applicant's reputation as to morals and integrity.
After said investigation, but within seven 7(7) business days of the filing of the
applicant, the Chief of Police or his designee shall endorse on such application his
approval or disapproval. Failure of the Police Chief or his designee to act on said
permit within seven (7) business days of the applicant's filing shall constitute
approval. If disapproved, the applicant shall have the right to appeal to the Board of
Selectmen in writing within seven (7) days of the denial by the Chief of Police or his
designee. The Board of Selectmen must act upon the appeal at one of their next two
regularly scheduled meetings. Failing to do so shall be deemed approval.
Such license when issued shall contain the signature of the Chief of Police and/or the
Board of Selectmen and shall show the name, address and photograph of said licensee,
the date of issuance and 'the length of time the license shall be effective, as well as the
license number.
The Police Department shall keep a record of all licenses issued for a period of six (6)
years. Solicitors and canvassers, when engaged in the business of soliciting or
canvassing, are required to display an identifying document issued by the Police
Department by wearing said document an their outer garment. Each licensee is
required to possess an individual license.
(e) Enforcement. The Police Officers of the Town shall enforce this By-Law. No license shall be transferred or is transferable.
(f) Revocation. The Chief of Police or his designee is vested with the authority and jurisdiction to revoke said licenses. Any person aggrieved by said revocation may appeal to the Board of Selectmen within seven (7) business days, and a hearing will be scheduled for one of the next two regularly scheduled meetings of the Board of Selectmen.
Expiration of License. Each license issued under the provisions of this Bylaw shall
continue in force from the date of issue until the 31st of December following, unless sooner revoked.
(h) Renewal. A license issued under the provisions of this By-Law may be renewed by the Chief of Police or his designee. An applicant requesting a renewal of a license must apply in person for such renewal, and provide such information as is required to obtain an initial license.
(i) Misrepresentation.
No solicitor or canvasser licensed or exempted from license, may misrepresent in any
manner, the buyer's right to cancel as stipulated by Chapters 93, 93A and 255D of the
Massachusetts General Laws.
No solicitor or canvasser licensed or exempt from license may use-any plan, scheme
or ruse which misrepresents the true status or-mission of the person making the call in
order to gain admission to a prospective buyer's home, office or other establishment
with the purpose of making a sale of consumer goods or services.
(j) Trespassing. It shall be unlawful for any canvasser or solicitor to enter the premises of a resident or business who has displayed a "No Trespassing" or "No Soliciting" sign or poster. Further, it shall be unlawful for canvassers or solicitors to ignore a resident or business person's no solicitation directive or remain on private property after its owner has indicated that the canvasser or solicitor is not welcome.
(k) The following may be exempt from licensing requirements upon first contacting the Chief of Police or his designee:
(1) Persons engaged in soliciting for charitable, benevolent, religious or political activities.
(1) Penalty. Any person violating any provision of this Bylaw shall upon conviction thereof, be punished by a fine not to exceed Fifty ($50.00) Dollars for each and every offense.
Sec. 7-6 - 7-50. Reserved.
ARTICLE II. LICENSES AND PERMITS
OF DELINQUENT TAXPAYERS
Sec. 7-51. Notice to licensing authorities.
The tax collector or other town official responsible for records of all town taxes, assessments, betterments and other town charges, hereinafter referred to as the tax collector, shall annually furnish to each department, board, commission or division, hereinafter referred to as the licensing authority, that issues licenses or permits including renewals and transfers, a list of any person, corporation, or business enterprise, hereinafter referred to as the party, that has neglected or refused to pay any town taxes, fees, assessments, betterments or other town charges for not less than a twelve-month period, and that such party has not filed in good faith a pending application for an abatement of such tax or a pending petition before the appellate tax board.
Sec. 7-52. Denial, revocation or suspension of license or permit; notice to party and tax collector.
The licensing authority may deny, revoke or suspend any license or permit, including renewals and transfers of any party whose name appears on said list furnished to the licensing authority from the tax collector; provided, however, that written notice is given to the party and the tax collector, as required by applicable provisions of law, and the party is given a hearing, to be held not earlier than fourteen (14) days after said notice. Said list shall be prima facie evidence for denial, revocation or suspension of said license or permit to any party. The tax collector shall have the right to intervene in any hearing conducted with respect to such license denial, revocation or suspension. Any findings made by the licensing authority with respect to such license denial, revocation or
suspension shall be made only for the purposes of such proceeding and shall not be relevant to or introduced in any other proceeding at law, except for any appeal from such license denial, revocation or suspension. Any license or permit denied, suspended or revoked under this section shall not be reissued or renewed until the licensing authority receives a certificate issued by the tax collector that the party is in good standing with respect to any and all town taxes, fees, assessments, betterments or other town charges, payable to the town as the date of issuance of said certificate.
Sec. 7-53. Payment agreement; Penalty for noncompliance.
Any party shall be given an opportunity to enter into a payment agreement, thereby allowing the licensing authority to issue a certificate indicating said limitations to the license or permit and the validity of said license shall be conditioned upon the satisfactory compliance with said agreement. Failure to comply with said agreement shall be grounds for the suspension or revocation of said license or permit; provided, however, that the holder shall be given notice and a hearing as required by applicable provisions of law.
Sec. 7-54. Waiver of denial, suspension or revocation.
The Board of Selectmen may waive such denial, suspension or revocation if it finds that there is no direct or indirect business interest by the property owner, its officers or stockholders, if any, or members of his immediate family (as defined in General Law Chapter 268, Section 1) in the business or activity conducted in or on said property.
Sec. 7-55. Exceptions.
This article shall not apply to the following licenses and permits: open burning, Section 13 of chapter 48; bicycle permits, section 11A of Chapter 85; sales of articles for charitable purposes, Section 33 of Chapter 101; children work permits, Section 69 of Chapter 149; clubs, associations dispensing food or beverage licenses, Section 21E of Chapter 140; dog licenses, Section 137 of Chapter 140; fishing, hunting, trapping license, Section -12 of Chapter 131; marriage licenses, Section 28 of Chapter 207; and theatrical events, public exhibition permits, Section 181 of Chapter 140, Sections and chapters refer to the General Laws of the Commonwealth.
Sec. 7-56. - 7-80. Reserved.
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