[HISTORY: Adopted by the City Council of
the City of Fitchburg as §§ 8-1 through 8-12 of the
1965 Code. Amendments noted where applicable.]
No person shall go from place to place in this
City selling or offering for sale any articles for which a license
or permit may be required under the provisions of MGL C. 101, §§ 13
to 19 inclusive, in or from any cart, wagon or other vehicle, or in
any other manner, without having previously obtained a license therefor
from the City Clerk in accordance with the provisions of this chapter.
[Amended 6-3-2014 by Ord.
No. 100-2014]
The City Clerk shall have the authority to grant
licenses for hawking and peddling to any person of good repute for
morals and integrity who is or has declared his or her intention to
become a citizen of the United States.
[Amended 3-18-1975 by Ord. No. 69-75]
All licenses for hawking and peddling, unless
sooner revoked by the City Clerk, shall expire one year from the date
of issuance, and each person so licensed shall pay to the City Clerk
a fee of $25.
If the City Clerk shall be satisfied after reasonable
investigation that a license should be issued, the license shall be
issued as applied for.
[Amended 6-3-2014 by Ord.
No. 100-2014]
No person hawking, peddling, carrying or exposing
any article for sale shall cry his or her wares to the disturbance
of the peace and comfort of the inhabitants of the City, or carry
or display them other than in vehicles and receptacles which are neat
and clean.
[Amended 6-3-2014 by Ord.
No. 100-2014]
[Amended 6-3-2014 by Ord.
No. 100-2014]
The use or possession to use, by any hawker
or peddler, with the intent of any false or unsealed weighing or measuring
devices shall be sufficient cause for the revocation of his or her
license.
Every driver or other person employed by any
licensee under the provisions of this chapter shall be required to
obtain a license.
[Amended 6-3-2014 by Ord.
No. 100-2014]
A.
Any license under this chapter shall be carried at
all times by the licensee to whom it is issued when soliciting in
the City.
B.
Any licensee who fails, neglects or refuses to exhibit
his or her license when the same is demanded of him or her by the
City Clerk, Council, Inspector of Weights and Measures, a constable
or police officer of the City shall be subject to the same penalty
as if he or she had no license.
[Amended 6-3-2014 by Ord.
No. 100-2014]
Any license issued under the provisions of this
chapter may be revoked by the City Clerk for violation of the General
Laws, this Code or any other ordinance of the City or for other good
cause.
Solicitors of funds for charitable or benevolent
purposes shall comply with the provisions of MGL c. 101, § 33,
if the same is applicable.
[Added 12-7-1976 by Ord. No. 685-76; amended 6-3-2014 by Ord. No. 100-2014]
It shall be unlawful for any solicitor or canvasser
to engage in such business within the City of Fitchburg without first
obtaining a license therefor in compliance with the provisions of
this chapter. The provisions of this ordinance shall not apply to
any person engaged in the pursuit of soliciting for charitable, benevolent,
fraternal, religious or political activities, nor 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 ordinance be construed to prevent
route salesmen or saleswomen 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 route deliveries.
[Added 12-7-1976 by Ord. No. 685-76; amended 6-6-1978 by Ord. No. 322-78]
As used in this chapter, the following terms
shall have the meanings indicated:
Any person who, for himself or herself or for another person,
firm or corporation, travels by foot, automobile or any other type
of conveyance from place to place or from house to house to take orders
for retail sale of goods, wares, merchandise or services, including,
without limitation, the selling, distributing, exposing for sale or
soliciting of orders for magazines, books, periodicals or other articles
of a commercial nature, the contracting of all home improvements or
for services to be performed in the future, whether or not such individual
has, carries or exposes for retail sale a sample of the subject of
such sale or whether he or she is collecting advance payment on such
retail sales.
[Amended 6-3-2014 by Ord.
No. 100-2014]
[Added 12-7-1976 by Ord. No. 685-76; amended 6-6-1978 by Ord. No. 322-78]
A.
Applicants for a license shall file with the License
Board, on a form issued by the License Board, a written application,
signed under the penalties of perjury, containing the following information:
(1)
Name of applicant.
(2)
Address of applicant (local and permanent 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.
(7)
The name and home office address of the applicant's
employer. If self-employed, it shall so state.
(8)
Four photographs of the applicant, which pictures
shall be submitted by the applicant and be two inches by two inches
showing the head and shoulders of the applicant in a clear and distinguishing
manner.
(9)
A statement as to whether or not the applicant has
been convicted of any crime or misdemeanor, except violations of the
motor vehicle laws, and the nature of the offense.
(10)
If operating a motor vehicle: the year, make,
model, motor number, registration number, state of registration, vehicle's
owner and address.
B.
At the time of filing the application, each applicant
shall pay a fee of $10 to the License Board.
[Added 12-7-1976 by Ord. No. 685-76; amended 6-6-1978 by Ord. No. 322-78]
A.
Upon receipt of the application, the Principal Clerk
shall request a Board of Probation Record check in accordance with
MGL c. 6, § 172(c), through the Criminal History Systems
Board (CORI). This investigation will check the applicant's criminal
history and reputation as to morals and integrity.
[Amended 6-5-1990 by Ord. No. 173-90; 1-10-2020 by Ord. No. 272-2019]
(1)
Applicants for the permits and licenses list below shall submit a
full set of fingerprints to the Chief of Police for the purpose of
conducting a state and national criminal history records check pursuant
to 28 U.S.C. § 534 and MGL c. 6, § 172B1/2. Federal
Bureau of Investigation (FBI) records may be used for screening applicants.
Fingerprints shall be submitted to the Identification Unit within
the Department of the Massachusetts State Police, the Massachusetts
Department of Criminal Justice Information Services (DCJIS), or its
successor, for a state criminal history records check and to the FBI,
or its successor, for a national criminal history records check, as
may be applicable and consistent with this chapter. The Licensing
Commission, Health Department, City Clerk and Police Department are
authorized to receive and utilize these state and FBI records in connection
with such background checks, consistent with this section.
(2)
Any applicant for a license to engage in any of the following occupational
activities within the City shall submit, within 10 days of application,
a full set of fingerprints taken by the Police Department for the
purpose of conducting a state and national criminal history record
check to determine the suitability of the applicant for said license:
liquor, car dealership, hawkers and peddlers, ice cream vendors, license
to peddle (commonwealth), taxi drivers, taxi/livery, a pawnbrokers
and secondhand dealers, lodging houses, and solicitors. At the time
of fingerprinting, the Police Department shall notify the individual
fingerprinted that the fingerprints will be used to check the individual's
state and FBI criminal history records.
(3)
The Police Department shall provide the applicant with a copy of
the results of his or her fingerprint-based criminal history record
check and provide the applicant an opportunity to complete or challenge
the accuracy of the information contained therein, including in the
FBI identification record. The Police Department shall also supply
applicants with information regarding the procedures for obtaining
a change, correction, or updating of a criminal record, including
a copy of 28 CFR 16.34, pertaining to FBI identification records.
Implementation of this chapter and the conducting of fingerprint based
criminal record background checks by the City shall be in accordance
with all applicable laws, regulations, and policies, including, but
not limited to, the City's policy applicable to licensing related
criminal record background checks which shall include record retention
and confidentiality requirements. The City shall not disseminate the
results of fingerprint-based criminal background checks except as
may be provided by law, regulation, and City policy. The City shall
not disseminate criminal record information received from the FBI
to unauthorized persons or entities.
B.
The Board of License Commissioners shall interview
the applicant at the next scheduled meeting. They shall approve or
disapprove the application after the investigation and upon receipt
of a favorable CORI report and shall notify the applicant of its decision.
In the event that the application is approved, a license may be issued.
[Amended 6-5-1990 by Ord. No. 173-90]
C.
Upon receipt of an unfavorable CORI report, the application
will not automatically be denied, but rather shall empower the licensing
authority to determine in its best judgment the relevance and correlation,
if any, of a prior criminal record as it relates to peddling and soliciting.
[Amended 6-5-1990 by Ord. No. 173-90]
D.
Such license, when issued, shall contain the signature
of the issuing officer and shall show the name, address and photograph
of said licensee, the date of issuance and the length of time the
same shall be operative, as well as the license number. The License
Board shall keep a record of all licenses issued for a period of six
years. Solicitors and canvassers, when engaged in the business of
soliciting or canvassing, are required to display an identifying badge
issued by the License Board, by wearing said badge on an outer garment.
The identifying badge shall contain the same information hereinabove
provided in this subsection.
E.
Each licensee is required to possess an individual
license.
[Added 12-7-1976 by Ord. No. 685-76; amended 6-6-1978 by Ord. No. 322-78]
The police officers of the City of Fitchburg
shall enforce this ordinance. No license shall be transferred.
[Added 12-7-1976 by Ord. No. 685-76; amended 6-6-1978 by Ord. No. 322-78]
The License Board is hereby vested with jurisdiction
over the revoking of licenses.
[Added 12-7-1976 by Ord. No. 685-76; amended 6-6-1978 by Ord. No. 322-78]
Each license issued under the provisions of § 134-16 shall continue in force from the date of its issue until the 31st day of December following, unless sooner revoked.
[Added 12-7-1976 by Ord. No. 685-76; amended 6-6-1978 by Ord. No. 322-78]
A license issued under the provisions of § 134-16 may be renewed by the License Board. An applicant requesting a renewal of a license must apply in person for such license renewal and provide such material as required by the License Board.
[Added 12-7-1976 by Ord. No. 685-76; amended 6-6-1978 by Ord. No. 322-78]
No solicitor or canvasser, licensed or exempted
from license, may misrepresent in any manner the buyer's right to
cancel as stipulated by Chapter 272 of the General Laws.
[Added 12-7-1976 by Ord. No. 685-76; amended 6-6-1978 by Ord. No. 322-78]
Soliciting and canvassing pursuant to this license
shall be between the hours of 9:00 a.m. and 5:00 p.m. only. There
shall be no canvassing allowed on Sundays and legal holidays.
[Added 12-7-1976 by Ord. No. 685-76; amended 6-6-1978 by Ord. No. 322-78]
Any person violating any provision of this chapter
shall, upon conviction thereof, be punished by a fine not to exceed
$50 for each and every offense.
