The following words, terms and phrases, when used in this article,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
A business or person which or who operates for the purpose
of either, directly or indirectly, renting, leasing or granting a
license to use space to any vendor for the display for sale or for
the sale of tangible personal property or services subject to tax
under MGL c. 64H; provided, however, that this shall not include a
state or county fair as defined in MGL c. 128A, § 1; and
provided, further, that a promoter licensed under this article shall
comply with MGL c. 62C, §§ 8A and 67A or any regulations
pursuant thereto as required by the Commissioner of Revenue.
Any exhibition and sale of goods, wares or merchandise which
is carried on in any tent, booth, building or other structure, unless
such place is open for business during usual business hours for a
period of at least 12 consecutive months; provided, however, that
this shall not include a business operating under a written agreement
with a licensed promoter.
Any person, either as principal or agent, not a resident
and taxpayer of the City, who engages in a temporary or transient
business in the City, either in one locality or in traveling from
place to place, selling goods, wares or merchandise; provided, however,
that this shall not include a person operating under a written agreement
with a licensed promoter.
All transient vendors who shall engage in or carry on any mercantile
or trading business in any tent, booth, building or other structure
in the City shall first obtain a license from the City Council.
The fee for the license required by the provisions of this article shall be as provided in Chapter A110, Fee Schedule, of the City Code. No such license shall be issued unless and until the fee is paid to the City Clerk.
The license required by this article shall be in writing and
shall state the nature of the business licensed, and shall remain
in force so long as the licensee shall continuously keep and expose
for sale in the City such stock of goods, wares and merchandise so
licensed, but not later than January 1 following its date.
The provisions of this article shall not apply to any person
whose business is to deal in the produce of the farms and gardens
in the commonwealth, or to 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.
The City Clerk shall, in accordance with authority granted through
MGL c. 101, § 12A, under such conditions as he deems proper,
grant to any organization engaged in charitable work or to a post
of any incorporated organization of veterans who served in the military
or naval service of the United States in time of war or insurrection,
a special license authorizing it, for a particular time period not
to exceed a total of four days, to be stated in such a license, to
conduct under their control a temporary or transient business in which
transient vendors participating in such sales shall not be subject
to the provisions of MGL c. 101, §§ 3 to 12, inclusive.
The exercise of all licenses provided for in this section shall be
subject to the provisions of all statutes, ordinances, rules and regulations
not inconsistent with this section.
