City of Fitchburg, MA
Worcester County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the City Council of the City of Fitchburg as §§ 8-1 through 8-12 of the 1965 Code. Amendments noted where applicable.]
GENERAL REFERENCES
General licensing provisions — See Ch. 120, Art. I.
Inspector of Weights and Measures — See Ch. 49.
Weights and measures fees — See Ch. 94, Art. II.
No person shall go from place to place in this City selling or offering for sale any articles for which a license or permit may be required under the provisions of MGL C. 101, §§ 13 to 19 inclusive, in or from any cart, wagon or other vehicle, or in any other manner, without having previously obtained a license therefor from the City Clerk in accordance with the provisions of this chapter.
[Amended 6-3-2014 by Ord. No. 100-2014]
The City Clerk shall have the authority to grant licenses for hawking and peddling to any person of good repute for morals and integrity who is or has declared his or her intention to become a citizen of the United States.
[Amended 3-18-1975 by Ord. No. 69-75]
All licenses for hawking and peddling, unless sooner revoked by the City Clerk, shall expire one year from the date of issuance, and each person so licensed shall pay to the City Clerk a fee of $25.
If the City Clerk shall be satisfied after reasonable investigation that a license should be issued, the license shall be issued as applied for.
[Amended 6-3-2014 by Ord. No. 100-2014]
No person hawking, peddling, carrying or exposing any article for sale shall cry his or her wares to the disturbance of the peace and comfort of the inhabitants of the City, or carry or display them other than in vehicles and receptacles which are neat and clean.
[Amended 6-3-2014 by Ord. No. 100-2014]
No person shall be licensed under the provisions of §§ 134-2 and 134-3 unless he or she has obtained a certificate from the Inspector of Weights and Measures stating that all weighing and measuring devices intended to be used by such person have been duly inspected and sealed as required by law.
[Amended 6-3-2014 by Ord. No. 100-2014]
The use or possession to use, by any hawker or peddler, with the intent of any false or unsealed weighing or measuring devices shall be sufficient cause for the revocation of his or her license.
Every driver or other person employed by any licensee under the provisions of this chapter shall be required to obtain a license.
[Amended 6-3-2014 by Ord. No. 100-2014]
Every person licensed under the provisions of §§ 134-2 and 134-3 shall report to the City Clerk any change of drivers or other persons who may be employed by him or her in the selling, bartering or exposing for sale or barter of any books, meats, butter, cheese, fish, fresh fruits or vegetables.
A. 
Any license under this chapter shall be carried at all times by the licensee to whom it is issued when soliciting in the City.
B. 
Any licensee who fails, neglects or refuses to exhibit his or her license when the same is demanded of him or her by the City Clerk, Council, Inspector of Weights and Measures, a constable or police officer of the City shall be subject to the same penalty as if he or she had no license.
[Amended 6-3-2014 by Ord. No. 100-2014]
Any license issued under the provisions of this chapter may be revoked by the City Clerk for violation of the General Laws, this Code or any other ordinance of the City or for other good cause.
Solicitors of funds for charitable or benevolent purposes shall comply with the provisions of MGL c. 101, § 33, if the same is applicable.
[Added 12-7-1976 by Ord. No. 685-76; amended 6-3-2014 by Ord. No. 100-2014]
It shall be unlawful for any solicitor or canvasser to engage in such business within the City of Fitchburg without first obtaining a license therefor in compliance with the provisions of this chapter. The provisions of this ordinance shall not apply to any person engaged in the pursuit of soliciting for charitable, benevolent, fraternal, religious or political activities, nor to any person exempted under Chapter 101 of the General Laws or to any person duly licensed under Chapter 101 of the General Laws, or to any person exempted by any other General Law, nor shall this ordinance be construed to prevent route salesmen or saleswomen or other persons having established customers to whom they make periodic deliveries from calling upon such customers or from making calls upon prospective customers to solicit an order for future periodic route deliveries.
[Added 12-7-1976 by Ord. No. 685-76; amended 6-6-1978 by Ord. No. 322-78]
As used in this chapter, the following terms shall have the meanings indicated:
SOLICITOR or CANVASSER
Any person who, for himself or herself or for another person, firm or corporation, travels by foot, automobile or any other type of conveyance from place to place or from house to house to take orders for retail sale of goods, wares, merchandise or services, including, without limitation, the selling, distributing, exposing for sale or soliciting of orders for magazines, books, periodicals or other articles of a commercial nature, the contracting of all home improvements or for services to be performed in the future, whether or not such individual has, carries or exposes for retail sale a sample of the subject of such sale or whether he or she is collecting advance payment on such retail sales.
[Amended 6-3-2014 by Ord. No. 100-2014]
[Added 12-7-1976 by Ord. No. 685-76; amended 6-6-1978 by Ord. No. 322-78]
A. 
Applicants for a license shall file with the License Board, on a form issued by the License Board, a written application, signed under the penalties of perjury, containing the following information:
(1) 
Name of applicant.
(2) 
Address of applicant (local and permanent address).
(3) 
Applicant's height, weight, eye and hair color.
(4) 
Applicant's social security number.
(5) 
The length of time for which the right to do business is desired.
(6) 
A brief description of the nature of the business and the goods to be sold.
(7) 
The name and home office address of the applicant's employer. If self-employed, it shall so state.
(8) 
Four photographs of the applicant, which pictures shall be submitted by the applicant and be two inches by two inches showing the head and shoulders of the applicant in a clear and distinguishing manner.
(9) 
A statement as to whether or not the applicant has been convicted of any crime or misdemeanor, except violations of the motor vehicle laws, and the nature of the offense.
(10) 
If operating a motor vehicle: the year, make, model, motor number, registration number, state of registration, vehicle's owner and address.
B. 
At the time of filing the application, each applicant shall pay a fee of $10 to the License Board.
[Added 12-7-1976 by Ord. No. 685-76; amended 6-6-1978 by Ord. No. 322-78]
A. 
Upon receipt of the application, the Principal Clerk shall request a Board of Probation Record check in accordance with MGL c. 6, § 172(c), through the Criminal History Systems Board (CORI). This investigation will check the applicant's criminal history and reputation as to morals and integrity.
[Amended 6-5-1990 by Ord. No. 173-90]
B. 
The Board of License Commissioners shall interview the applicant at the next scheduled meeting. They shall approve or disapprove the application after the investigation and upon receipt of a favorable CORI report and shall notify the applicant of its decision. In the event that the application is approved, a license may be issued.
[Amended 6-5-1990 by Ord. No. 173-90]
C. 
Upon receipt of an unfavorable CORI report, the application will not automatically be denied, but rather shall empower the licensing authority to determine in its best judgment the relevance and correlation, if any, of a prior criminal record as it relates to peddling and soliciting.
[Amended 6-5-1990 by Ord. No. 173-90]
D. 
Such license, when issued, shall contain the signature of the issuing officer and shall show the name, address and photograph of said licensee, the date of issuance and the length of time the same shall be operative, as well as the license number. The License Board shall keep a record of all licenses issued for a period of six years. Solicitors and canvassers, when engaged in the business of soliciting or canvassing, are required to display an identifying badge issued by the License Board, by wearing said badge on an outer garment. The identifying badge shall contain the same information hereinabove provided in this subsection.
E. 
Each licensee is required to possess an individual license.
[Added 12-7-1976 by Ord. No. 685-76; amended 6-6-1978 by Ord. No. 322-78]
The police officers of the City of Fitchburg shall enforce this ordinance. No license shall be transferred.
[Added 12-7-1976 by Ord. No. 685-76; amended 6-6-1978 by Ord. No. 322-78]
The License Board is hereby vested with jurisdiction over the revoking of licenses.
[Added 12-7-1976 by Ord. No. 685-76; amended 6-6-1978 by Ord. No. 322-78]
Each license issued under the provisions of § 134-16 shall continue in force from the date of its issue until the 31st day of December following, unless sooner revoked.
[Added 12-7-1976 by Ord. No. 685-76; amended 6-6-1978 by Ord. No. 322-78]
A license issued under the provisions of § 134-16 may be renewed by the License Board. An applicant requesting a renewal of a license must apply in person for such license renewal and provide such material as required by the License Board.
[Added 12-7-1976 by Ord. No. 685-76; amended 6-6-1978 by Ord. No. 322-78]
No solicitor or canvasser, licensed or exempted from license, may misrepresent in any manner the buyer's right to cancel as stipulated by Chapter 272 of the General Laws.
[Added 12-7-1976 by Ord. No. 685-76; amended 6-6-1978 by Ord. No. 322-78]
Soliciting and canvassing pursuant to this license shall be between the hours of 9:00 a.m. and 5:00 p.m. only. There shall be no canvassing allowed on Sundays and legal holidays.
[Added 12-7-1976 by Ord. No. 685-76; amended 6-6-1978 by Ord. No. 322-78]
Any person violating any provision of this chapter shall, upon conviction thereof, be punished by a fine not to exceed $50 for each and every offense.