For the purpose of this article, the following words as used herein shall be considered to have the meanings herein ascribed thereto:
LICENSE The photo identification card issued to the licensee.
PERSON Any individual, firm, copartnership, corporation, company, association or joint-stock association, society, organization or league and includes any trustee, receiver, assignee, agent or other similar representative thereof, except as otherwise excluded by this article.
PREMISES A building or portion of a building used for residential purposes, including the real estate upon which any such building is located, provided that the predominant use of the real estate is for residential purposes.
SOLICIT or SOLICITATION Includes any one or more of the following activities:
A. Seeking to sell or to obtain orders for the purchase of goods, wares, merchandise, foodstuffs, services of any kind, character or description whatever.
B. Seeking to obtain subscriptions to books, magazines, periodicals, newspapers and every other type or kind of publication.
C. Seeking to obtain gifts or contributions of money, clothing or any other valuable item for the support or benefit of any charitable or nonprofit association, organization, corporation, group or project except as otherwise excluded by this article.
D. Seeking to distribute literature except as otherwise exempted in §
468-27.
The applicant shall permit the Police Department of the City of Marlborough to photograph said applicant for identification purposes.
The photo identification card shall be nontransferable and shall entitle the licensee for the period indicated therein and for the purposes specified therein to solicit in the City of Marlborough, provided that the licensee shall have in his/her possession at all times while soliciting and shall further conspicuously display the photo identification card.
If while the application is pending or during the term of any license granted thereon there is a change in fact, policy or method that would alter the information given in the application, the applicant or licensee, as the case may be, shall notify the Police Department in writing within 24 hours of such change.
Said license does not constitute an endorsement by the City of Marlborough nor by any of its departments or officers of the purpose or of the person conducting the solicitation.
No person shall engage in solicitation upon any premises without a prior invitation from the occupant thereof if such premises is posted against such solicitation by means of a notice prominently displayed upon which is printed the legend "no solicitors" or words of similar import. For the purposes of this section, the premises shall be deemed posted against solicitation if there is exhibited, on or near the main entrance to the premises or on or near the main door to any residence located thereon, a sign at least three inches by four inches in size which bears the above legend in letters at least 1/3 inch in length.
The practice of any individual or group going in and upon private residences in the City, not having been requested or invited to do so by the owner(s) or occupants of said private residences, for the purposes of soliciting after the owner has requested the individual to depart from the premises, either orally or in writing, is declared to constitute a nuisance under this article.
Any license issued under the provisions of this article may be revoked by the Chief of Police of the City of Marlborough after notice and hearing for any of the following causes:
A. Fraud, misrepresentation or false statement contained in the application for license;
B. Fraud, misrepresentation or false statement made in the course of carrying on his/her business as solicitor;
C. Any violation of this article;
D. Conviction of any crime or misdemeanor involving moral turpitude; or
E. Conducting the business of soliciting in an unlawful manner or in such a manner as to constitute a breach of the peace or to constitute a menace to the health, safety or general welfare of the public.
Notice of the hearing for revocation of a license shall be given in writing, setting forth specifically the grounds of complaint and the time and place of hearing.
Any person aggrieved by the action of the Chief of Police in the revocation of a license shall have the right of appeal to the full Council of the City of Marlborough. Such appeal shall be taken by filing with the City Council, within 14 days after notice of the action complained of has been mailed to such person's last known address, a written statement setting forth fully the grounds for the appeal. The City Council shall set a time and place for a hearing on such appeal, and prior to that time, notice of the revocation and the right to a hearing shall be given to the licensee in writing. The decision and order of the City Council on such an appeal shall be final and conclusive.