It shall be unlawful for any person to engage
in the business of peddler, solicitor or canvasser, distributor or
transient vendor, as defined in this chapter, within the Town of Stoughton
without first obtaining a permit and license therefor as provided
herein.
As used in this chapter, the following terms
shall have the meanings indicated:
DISTRIBUTOR
Any person who distributes or causes to be distributed on
any street or public place within the Town of Stoughton any newspaper,
periodical, book, magazine, handbill, circular, card or pamphlet or
printed material of any kind.
PEDDLER
Any person, whether a resident of the Town of Stoughton or
not, who goes from house to house, from place to place or from street
to street, traveling by foot, automotive vehicle or any other type
of conveyance, carrying or transporting merchandise for the purpose
of selling and delivering merchandise to customers. The word "peddler"
shall also include the words "hawker" and "huckster."
PERSON
Any individual, firm, partnership, corporation, unincorporated
association and principal or agent thereof.
SOLICITOR
Any person, whether a resident of the Town of Stoughton or
not, who goes from house to house, from place to place or from street
to street, traveling by foot, automotive vehicle or any other type
of conveyance, soliciting, taking or attempting to take orders for
the sale of merchandise or services of any kind for future performance
or delivery, whether or not such individual has, carries or exposes
for sale a sample of the merchandise or services and whether or not
he is collecting advance payments on such sales or orders; or one
who engages in any of the foregoing activities from a stationary location
on any street or other public place. The word "solicitor" shall also
include the word "canvasser" and shall also include any person who
goes from door to door as described above for the purpose of soliciting
or collecting funds from a stationary location on any street or other
public place.
TRANSIENT VENDOR
Any person, whether as owner, agent, consignee or employee
and whether a resident of the Town of Stoughton or not, who engages
in a temporary business of selling and delivering goods, wares and
merchandise within said Town and who, in furtherance of such purpose,
hires, leases, uses or occupies any building, structure, motor vehicle,
tent, car, boat, public rooms in hotels, lodging houses, apartments,
shops or any street, alley or other place within the Town for the
exhibition and sale of such goods, wares and merchandise, either privately
or at public auction. The person so engaged shall not be relieved
from complying with the provisions of this chapter merely by reason
of associating temporarily with any local dealer, trader, merchant
or auctioneer, or by conducting such transient business in connection
with, as a part of or in the name of any local dealer, trader, merchant
or auctioneer.
Any applicant refused a license by the reviewing
members of the Board of Selectmen may apply in writing to said Board
for hearing on his application before the entire Board.
[Amended 5-6-2019 ATM,
Art. 38]
A. A license shall be issued for a term expiring December 31 of the year in which it is issued, and the fee therefor shall be set from time to time in accordance with §
96-1 of the Bylaws, payable upon issuance of the license, such license to be valid only between the hours 9:00 a.m. and 5:00 p.m. daily, unless otherwise specifically authorized by the Board of Selectmen.
B. Corporations, firms, partnerships and companies employing more than one peddler, solicitor, or transient vendor as defined in this chapter shall be subject to a license fee, set from time to time in accordance with §
96-1 of the Bylaws, and for each such additional person so employed in the Town of Stoughton.
No license issued under the provisions of this
chapter shall be used at any time by any person other than the one
to whom it was issued.
No licensee nor any person on his behalf shall
shout, make an outcry, blow a horn, ring a bell or use any sound device,
including any loud-speaking radio or sound-amplifying system, upon
any of the streets, alleys, parks or other public places of said Town
or upon any private premises in said Town where sound of sufficient
volume is emitted or produced therefrom to be capable of being plainly
heard upon the streets, avenues, alleys, parks or other public places
for the purposes of attracting attention to any goods, wares or merchandise
which such licensee proposes to sell. However, nothing contained in
this section shall apply to the ringing of those small bells that
are normally affixed and associated with ice cream vendor carts and
vehicles by vendors of ice cream products.
Licensees are required to exhibit their licenses
by enclosing same in a glassine or plastic transparent frame and affixing
same to the cart or wagon from which the merchandise is vended or
sold so that the same is visible to the public. Where impractical
to affix said license, it must be carried by the licensee, who shall
be required to exhibit same at the request of any citizen.
Nothing herein contained shall apply to:
A. Sales by commercial travelers or by selling agents
to dealers in the usual course of business or to bona fide sales of
goods, wares or merchandise by sample for future delivery or to sales
of goods, wares or merchandise by any domestic corporation or agent
thereof, by any person, whether principal or agent, who engages in
temporary or transient business in the Town of Stoughton in which
taxes have been assessed upon his stock trade during the current year.
B. Wholesalers or jobbers selling to dealers only nor
to commercial agents or other persons selling by sample, lists, catalogs
or otherwise for future delivery, nor to any dealer regularly engaged
in supplying customers with fuel oil for heating or cooking purposes
from a fixed business within the commonwealth, nor to any person who
peddles fish obtained by his own labor or that of his family, or fruits,
vegetables or other farm products raised or produced by himself or
his family.
C. Minors 18 years of age or under engaged in such services
as snow shoveling, grass cutting, leaf raking, lawn clearing, newspaper
and magazine delivering, and collecting and other similar services
as an independent contractor.
D. Religious and nonprofit organizations recognized by
the Commonwealth of Massachusetts canvassing and soliciting funds
door-to-door in residential neighborhoods.
[Added 4-27-1987 ATM, Art. 82]
An offense against any provision of this chapter shall be punishable as provided in Article
I of Chapter
1, General Provisions, of this Code.