[Added 9-14-2010 by Ord. No. 2010-26]
A.
Many residents complain to the Police Department each year about
door-to-door solicitation. Some indicate that being the largest target
of solicitation in their homes is annoying, intrusive and unpleasant.
Others are concerned at having strangers approaching their homes uninvited.
Many seek assurance that the solicitors are known to City officials
and properly licensed. Additionally, residents are vulnerable to crimes
such as fraud, identity theft and larceny. Senior citizens and retirees
constitute a substantial portion of the City's population and are
particularly susceptible to these crimes.
B.
This article is intended to regulate door-to-door sales by licensing
sales agents and promulgating reasonable time and manner restrictions
on door-to-door solicitation.
As used in this article, the following terms shall have the
meanings indicated:
The in-person solicitation of sales or goods or services
for present or future delivery by entry upon residential property,
including multifamily or duplex residential property.
A permit issued to a sales agent to engage in door-to-door
sales in accordance with this article.
Any entity engaged in the supervision, recruitment, retention
or employment of a salesperson or salespersons, including any person
or representative thereof.
Any person engaged in door-to-door sales of goods or services
for present or future delivery.
Any person who directs or supervises a salesperson or salespersons
engaged in door-to-door sales.
To sell or take orders or offer to sell or take orders for
goods, wares or merchandise for future delivery or for services to
be performed.
The City of Fall River door-to-door sales permit process shall
be administered by the Fall River Police Department.
A.
Each salesperson must apply individually to the City Police Department
during posted administrative hours by submitting a completed application,
which shall require:
(1)
Government-issued photographic identification.
(2)
Date of birth.
(3)
Social security number.
(4)
Permanent residential address.
(5)
Home telephone number.
(6)
Temporary local address.
(7)
Current cell phone number.
(8)
Sales organization information.
(9)
Sales supervisor identity.
(10)
Make, model, color and registration number of any vehicle(s)
used to transport the sales agent, his/her supervisor or sales materials.
(11)
Such other identifying information as may be reasonably required.
Subject to the provisions of the Massachusetts Criminal Records
Offender Statute, MGL c. 6, § 167 et seq., and regulations
promulgated thereunder, the City shall conduct a criminal records
check of each applicant for a City door-to-door sales permit to determine
the applicant's fitness and suitability to conduct door-to-door sales.
A.
No salesperson shall engage in door-to-door sales without first having
applied for and received a City door-to-door sales permit.
B.
No sales organization shall allow any salesperson to engage in door-to-door
sales who has not applied for and received a City door-to-door sales
permit.
C.
No sales supervisor shall direct, supervise or allow any salesperson
to engage in door-to-door sales who has not applied for and received
a City door-to-door sales permit.
D.
Each salesperson shall wear affixed to his outer clothing the City
door-to-door sales permit at all times while engaged in door-to-door
sales.
E.
No salesperson or supervisor shall use any vehicle to transport persons
or materials for door-to-door sales unless said vehicle is identified
in the City door-to-door sales permit application and the exterior
of said vehicle is marked with the name of the sales organization
and the words "door-to-door sales." All required information shall
be in letters a minimum of four inches in height on both sides of
the vehicle.
G.
H.
After 30 days, the City Police Department will no longer refund the
deposit. However, parties are still required to return the door-to-door
sales permit upon conclusion of the 30 days to the City Police Department
or be subject to criminal charges.[3]
I.
Any applicant not in violation of any provision of this article may obtain an extension of the door-to-door sales permit for a nonrefundable fee as set forth in Chapter A110, Fee Schedule, of the City Code, provided that a criminal record check is conducted for each extension sought. The deposit will be refunded upon expiration and return of the extended sales permit to the City Police Department. No deposit refund shall be issued without return of the sales permit.[4]
A.
The Chief of Police or designee may deny issuance or revoke any door-to-door
sales permit after notice for any of the following causes:
(1)
Fraud, misrepresentation or any false statements made to the Police Department in furnishing the information required by § 14-664.
(2)
Any violation of this article.
(3)
Conviction of the permit holder of any felony within the past 10
years of the date of application.
(4)
Conviction of the permit holder of any misdemeanor within the past
five years of the date of application.
(5)
Conducting solicitation in an unlawful manner or in such a manner
as to constitute a breach of the peace or to be a menace to the health,
safety or general welfare of the people of the City.
B.
Notice of denial or revocation of a permit shall be given in writing,
stating the grounds of the complaint. Such notice shall be mailed
to the permit seeker or holder at the address given in the application.
C.
Any person aggrieved by the decision of the Chief of Police or designee
shall have the right to appeal to the City Council. Such appeal shall
be taken by filing with the City Clerk a written statement of the
grounds for the appeal within 14 days after notice of the decision.
D.
The City Council shall set the time and place for hearing such appeal,
and notice of such time and place shall be mailed by the City Clerk
to the permit seeker or holder at the address given in the application.
A permit issued pursuant to this article shall not be assigned
or transferred; nor shall a permit be used by any person other than
the person to whom the permit was issued.
A.
It shall be unlawful for any salesperson to enter the premises or
remain on property displaying a "No Trespassing" or "No Solicitation"
sign.
B.
It shall be unlawful for any salesperson to ignore a no-solicitation
directive or remain on private property after a resident or resident's
representative has indicated that the salesperson is not welcome.
A.
Under § 14-664A, a minor who does not possess government-issued photographic identification may present an original birth certificate or an affidavit signed under the penalties of perjury by the minor's parent or guardian attesting to the minor's date of birth.
C.
The provisions of § 14-665 regarding CORI certifications shall not apply to individuals under the age of 14 years of age, provided a sales supervisor for the individual(s) has complied with the provisions of this section, and filled out an "affidavit of supervision" listing all participants' names and addresses, and that the individuals are individually known to the supervisor, and will be supervised in their door-to-door solicitation and will be responsible for their conduct.
