[HISTORY: Adopted by the Town of Westminster
as indicated in article histories. Amendments noted where applicable.]
[Adopted ATM 5-3-1997 by Art. 39[1]]
[1]
Editor's Note: This article also provided for the repeal of
former Ch. 141, Peddling and Soliciting, adopted STM 10-25-1993 by Art. 16.
As used in this chapter, the following terms
have the meanings indicated:
Any organization that is qualified under state or federal
law as a tax exempt, nonprofit organization or any organization or
group that espouses or advocates a position or belief on any subject
of public interest or on behalf of any candidate for public office.
To call upon persons to elicit or determine opinions, feelings,
sentiments or information of any nature.
Whenever used in the written bylaw, includes all activities
outlined in the permit required section of this chapter.[1]
No person, firm or corporation shall canvass,
solicit, distribute circulars or other matter or call from house to
house in the Town of Westminster to sell, promote the sale of or attempt
to sell goods by sample or to take or attempt to take orders for the
future delivery of goods, merchandise, wares or any property, personal
or real, of any nature whatsoever, or take or attempt to take orders
for services to be furnished or performed presently or in the future
or collect or attempt to collect contributions for any purpose without
first having obtained a written permit from the Chief of Police of
the Town of Westminster.
A.
Any person, firm or corporation soliciting or canvassing on behalf of a bona fide religious, charitable or political organization shall be exempt from the requirements of this chapter, except for the hours of solicitation and the requirements hereinafter provided in § 141-13, below.
B.
Any person, firm or corporation delivering goods or
performing services which have previously been ordered by the person
owning, leasing or occupying the property where such delivery is made
or service performed shall be exempt from the requirements of this
chapter.
C.
Any person, firm or corporation calling upon or soliciting
from commercial establishments located in the Town of Westminster
shall be exempt from the requirements of this chapter.
D.
Any minor employed by a newspaper as a carrier, or
who has been previously registered with the Chief of Police by employing
newspaper, shall be exempt from the requirements of this chapter.
B.
The application form shall require the following information:
(1)
The name of the applicant.
(2)
The address of the applicant (local and permanent
address).
(3)
The applicant's date of birth.
(4)
The applicant's height, weight, eye and hair color.
(5)
The applicant's social security number.
(6)
The length of time for which the right to do business
is desired.
(7)
A brief description of the nature of the business
and the goods to be sold.
(8)
The name and home office address of the applicant's
employer; if self-employed, it shall so state.
(9)
If operating a motor vehicle, the year, make, color,
model, registration number, registered state, vehicle owner and address.
(10)
Whether the applicant has been convicted of
a crime or offense or violation of any bylaw relating to canvassing
or soliciting and, if so, when, where and the nature of the offense.
(11)
The names of other municipalities in the Commonwealth
of Massachusetts where the applicant has been issued a permit to solicit
in the past two years.
C.
All applicants under this section shall be fingerprinted
and photographed by the Westminster Chief of Police.
A.
Any applicant who fails to fully comply with the requisites
established for issuance of a permit shall be denied a permit.
B.
Any falsification of information required to be provided
in the application process shall result in denial or immediate revocation
of the applicant's permit.
C.
Any failure to comply with the other provisions of
this chapter shall result in immediate revocation of the permittee's
permit.
D.
Any failure of a permittee to prominently display
his permit upon his person when soliciting shall result in immediate
revocation of the permit.
It shall be unlawful for any person to peddle
or solicit before the hour of 8:30 a.m. of any day or after the hour
of 8:30 p.m. of any day, except by appointment.
The Chief of Police shall issue all permits
within 48 hours of the time when an applicant has completed the requisites
set forth in the applications section.[1] In computing the forty-eight-hour period, Saturdays, Sundays
and holidays shall be excluded.
Each applicant for a permit shall pay a fee
of $10. The permit shall expire as set forth on each permit but in
no case shall it exceed one year from the date of its issue, unless
earlier revoked.
No permit shall be transferable. In the case
of a firm or corporation, each person representing such firm or corporation
shall be issued a separate permit.
No person, firm or organization having received
a permit to canvass or solicit within the Town of Westminster shall
use or exploit the fact of the permit so as to lead the public to
believe that such permit in any manner constitutes an endorsement
or approval by the town or any of its officials.
The Chief of Police of the Town of Westminster
shall have the power and authority to grant, deny or revoke permits,
as provided for and in accordance with the terms of this chapter.
Any person, firm or corporation charged with
violating any of the provisions of this chapter shall, upon conviction
thereof, be liable for a fine not exceeding $300 for each violation.
Each day on which a violation exists shall constitute a separate violation.
A.
Any person, firm or corporation soliciting or canvassing
on behalf of a bona fide religious, charitable, educational or political
organization, as defined in this chapter, shall, prior to such solicitation
or canvassing, file with the Chief of Police a completed application
in the form provided.
B.
The application shall contain the following information:
(1)
The name and address of the firm, corporation or organization
represented by the individual solicitor, when applicable.
(2)
The name, address and telephone number of the person
in charge of such organization to be contacted in case of emergency.
(3)
The name, address (both temporary and permanent),
telephone number, social security number and date of birth of all
individual solicitors who will be soliciting or canvassing within
the Town of Westminster.
(4)
Whether the applicant has been convicted of a crime
or offense or violation of any bylaw relating to canvassing or soliciting
and, if so, when, where and the nature of the offense; names of other
municipalities in the Commonwealth of Massachusetts where the applicant
has been issued a permit to solicit in the past two years.
(5)
Whether any motor vehicles will be used in connection
with the canvassing or soliciting and, if so, the make, year, color,
type and license plate number.
(6)
Nature of any goods or services to be sold for the
purpose of the solicitations or canvassing.
C.
Such application shall be filed with the Chief of
Police at least seven days prior to the time when such soliciting
or canvassing shall take place.
E.
Each solicitor or canvasser shall be issued a permit
by the Chief of Police. The permit shall be available to be picked
up from the Chief of Police of the Town of Westminster. Each permittee
shall prominently display the permit upon his person whenever such
permittee is engaged in canvassing or soliciting. No permit shall
be transferable.
F.
Failure to comply with the requisites established
for issuance of a permit, falsification of any information required
to be provided, failure to properly display the permit issued or soliciting
or canvassing during the prohibited hours shall result in denial or
immediate revocation of the applicant's permit.
[Amended 5-1-2021 ATM by Art. 17]
The Chief of Police is hereby vested with jurisdiction
over the revocation or suspension of licenses which he may exercise
for cause. Any person whose license has been revoked shall have the
right of appeal to the Select Board.
Any candidate for public office or person campaigning
on behalf of such a candidate, where such candidate is seeking election
to an office to be voted upon by the residents of the Town of Westminster
who are duly registered to vote in elections in accordance with the
laws of the Commonwealth of Massachusetts, shall be exempt from the
requirements of this chapter.
[Adopted ATM 6-20-2020 by Art. 35]
A.
This bylaw authorizes the Police Department to conduct state and
national fingerprint-based criminal history checks for individuals
applying for specific licenses in the Town to enhance public safety,
as authorized by MGL c. 6, § 172B 1/2. To carry out the
criminal history checks authorized by this bylaw, the Police Department
shall be authorized to use state and Federal Bureau of Investigation
("FBI") records; provided, however, that such records shall not be
disseminated to unauthorized entities and shall be maintained and
disclosed in accordance with all applicable law.
B.
The bylaw further authorizes the Select Board, in consultation with
the Chief of Police, to promulgate regulations to implement this bylaw,
which may include, but shall not be limited to, establishment of submission
deadlines, procedures for making recommendations to the licensing
authority or making a licensing as a result of the criminal history
check, procedures for assessing, correcting or amending any such record,
criteria for fitness determinations, security of information obtained
and penalties for failure to comply with this bylaw.
[Amended 5-1-2021 ATM by Art. 17]
A.
The Police Department shall, as authorized by MGL c. 6, § 172B
1/2, conduct state and federal fingerprint-based criminal history
checks for individuals and entities for the following licenses:
(1)
Hawking and peddling or other door-to-door salespeople.
B.
At the time of fingerprinting, the Police Department shall notify
the individual being fingerprinted that the fingerprints will be used
to check the individual's criminal history records and obtain the
individual's consent. After the applicant completes a consent form,
provides his/her fingerprints and the appropriate fee, the Police
Department shall transmit the fingerprints it has obtained pursuant
to this bylaw to the identification section of the Massachusetts State
Police, the Massachusetts Department of Criminal Justice Information
Services ("DCJIS"), and/or the FBI or the successors of such agencies
as may be necessary for the purpose of conducting fingerprint-based
state and national criminal records background checks for the license
applicants specified in this bylaw.
C.
The Town authorizes the Massachusetts State Police, the DCIS and
the FBI and their successors, as may be applicable, to conduct fingerprint-based
state and national criminal record background checks, including of
FBI records, consistent with this bylaw. The Town authorizes the Police
Department to receive and utilize state and FBI records in connection
with such background checks, consistent with this bylaw and its implementing
regulations. In accordance with its implementing regulations, the
Police Department shall communicate the results of fingerprint-based
criminal record background checks to the appropriate governmental
licensing authority within the Town.
A.
Licensing authorities of the Town shall utilize the results of fingerprint-based
criminal record background checks for the sole purpose of determining
the suitability of the subjects of the checks in connection with the
license applications specified in this bylaw. A Town licensing authority
may deny an application for a license on the basis of the results
of a fingerprint-based criminal record background check if it determines
that the results of the check render the subject unsuitable for the
proposed licensed activity. The licensing authority shall consider
all applicable laws, regulations and Town policies bearing on an applicant's
suitability in making this determination.
B.
Licensing authorities of the Town are hereby authorized to deny an
application for any license specified herein and in the implementing
regulations, including renewals and transfers of said licenses, from
any person who is determined unfit for the license due to information
obtained pursuant to this bylaw. Factors that shall be considered
in making a determination of fitness shall include, but not be limited
to, whether the record subject has been convicted of, or is under
pending indictment for, a crime that bears upon the subject's ability
or fitness to serve in that capacity, including any felony or a misdemeanor
that involved force or threat of force, possession of a controlled
substance, or sex-related offense.
The fee charged by the Police Department for the purpose of
conducting fingerprint-based criminal record background checks shall
be $100 for each fingerprinting and criminal history check. A portion
of the fee, as specified in MGL c. 6, § 172B 1/2, shall
be deposited into the Firearms Fingerprint Identity Verification Trust
Fund, and the remainder of the fee may be retained by the Town for
costs associated with the administration of the fingerprinting system.
This bylaw shall take effect after compliance with MGL c. 40,
§ 32, has been met.
