City of Marlborough, MA Article III Outdoor Sales from Fixed Location

[Adopted 12-19-1994 by Ord. No. 94-5538c (Ch. 170 of the 1986 Code)]

§ 468-29 Definitions.

As used in this article, the following terms shall have the meanings indicated:

HAWKER and/or PEDDLER

Any person, either principal or agent, who goes from town to town or goes from place to place in the same town selling or bartering or carrying for sale or barter or exposing therefor any goods, wares or merchandise, either on foot or on or from any animal or vehicle;

OUTDOOR VENDOR

Any person, either principal or agent, who: a) not being a licensed hawker or peddler actually engaged in the conduct of a hawker or peddler; or b) not being a licensed transient vendor actually engaged in the conduct of a transient vendor; or c) not being a principal, agent or employee of a retail or wholesale business with a permanent place of business in Marlborough actually engaged in outdoor vending on behalf of such retail or wholesale business at such permanent place of business, for profit or compensation sells, barters or exposes for sale or barter any goods, wares, merchandise, meats, butter, cheese, fish, fresh fruit, vegetables, other prepared or unprepared foodstuffs, trees, plants, shrubbery or flowers from a fixed, outdoor location upon public or private property.

§ 468-30 Prohibited conduct.

A. No hawker, peddler or outdoor vendor shall engage in sale or barter from a fixed location on private property or property owned by or under the control of the City of Marlborough for a period of time in excess of 20 minutes. At or prior to the conclusion of such time period, such hawker, peddler or outdoor vendor must move a distance of at least 500 feet before again engaging in sale or barter from a fixed location.

B. No person shall conduct any activity of a hawker, peddler or outdoor vendor:

(1) In such a way as to adversely affect the public health or safety, impede or interfere with pedestrian or vehicular traffic, or interfere with the maintenance of public peace and order;

(2) Before 9:00 a.m. or after 9:00 p.m.;

(3) From a fixed location in or on any cemetery or war memorial or within 100 feet of same.

(4) Upon a public way, which has been closed, pursuant to the Rules and Regulations of the Traffic Commission, for use as a parade route, or upon public property, including, but not limited to, a public sidewalk, plaza, parking area, stairway, park, common or memorial, which is located within 500 feet of the designated parade route.

[Amended 8-26-1996 by Ord. No. 96-6717A]

§ 468-31 Arrest authorized.

[Amended 7-22-2013 by Ord. No. 13-1005492]

Any person who remains in a public place while willfully in violation of any of the provisions of § 468-30 and § 468-34 may be arrested without a warrant by a police officer acting pursuant to the provisions of MGL c. 272, § 59. The prosecution of any violation may be initiated by the filing of a criminal complaint application.

§ 468-32 Violations and penalties.

Any person found guilty of violating any of the provisions of § 468-30 and § 468-34 shall be fined $300 per offense.

§ 468-33 Exemptions.

The provisions of this article shall not apply to persons engaged in activity commonly referred to as a "yard sale," "garage sale" or "sidewalk sale," or to persons participating in a public event sponsored or authorized by the City of Marlborough, if such persons have been authorized to conduct sales or barter from a fixed location by the person in control of such event.

§ 468-34 Additional requirements For City-sponsored events.

[Added 7-22-2013 by Ord. No. 13-1005492]

A. The requirements of this section shall be in addition to other requirements of this article, other ordinances of the City Code, and state law.

B. No hawker or peddler shall display, sell or offer goods or merchandise for sale without a license issued by the Event Director. Said license shall be person-specific and event-specific.

C. Procedure for obtaining a license.

(1) An applicant for a license to display, sell or offer goods or merchandise for sale shall apply to the Event Director on the day of the event. Said license applicant must provide to the Event Director a copy of a current state-issued hawker and peddler license issued to the applicant and a valid identification card which bears a recent photograph of the applicant such as a driver's license, military ID or state-issued identification card.

(2) No license shall issue without a successful CORI check. License applicants shall apply to the Commonwealth of Massachusetts for a Criminal Offender Record Information (CORI) check and provide a copy of a current CORI check to the Chief of Police no later than one week before the event.

(3) The cost for each license shall be $50 per person payable to the Event Director at the time of application by cash, check or money order made payable to the City of Marlborough. Charitable and non-profit organizations are exempt from paying said license fee.

D. License holders shall prominently display the license on the cart or other apparatus used for the conveyance, storage or display of goods or merchandise.

E. Failure to comply with this article or any other ordinance of the City or state law, or any fraud, misrepresentation or false statement made in connection with the application for a license or the selling of goods and merchandise may result in revocation by the Marlborough Police Department of the license described herein.[1]

[1] Editor's Note: Former Art. IV, Solicitation by Use of Collection Boxes, adopted 2-24-2014 by Ord. No. 14-1005716, which immediately followed, was removed from the Code as its provisions expired 8-24-2014.