[HISTORY: Adopted by the Town Meeting of
the Town of Nantucket as indicated in article histories. Amendments
noted where applicable.]
[Adopted 4-4-1978 ATM by Art. 20, approved 8-21-1978]
The following words shall, for the purpose of
this article, have the following meanings:
The duly elected Select Board of the Town of Nantucket.
[Amended 6-25-2020 ATM by Art. 70, approved 10-27-2020]
Any exhibition, sale, renting, leasing or offering for hire,
or offering for sale or for contribution or otherwise, by any person
or persons for any period of time, of any goods, wares, merchandise,
entertainment or services carried on, in or at a place not being a
fixed and permanent structure or building, including but not limited
to any open-air market, farmers’ market or other organized or
group sale or exhibition event.
[Amended 4-8-2008ATM by Art. 66, approved 8-18-2008]
Any person, either principal or agent, who engages in a transient
or temporary business in the Town of Nantucket, selling or soliciting
or offering for sale or accepting contributions for the offering,
renting, leasing or offering for hire or selling or providing goods,
wares, merchandise, entertainment or services for any period of time.
[Amended 4-8-2008ATM by Art. 66, approved 8-18-2008]
[Amended 4-8-2008ATM by Art. 66, approved 8-18-2008; 6-25-2020 ATM by Art. 70, approved 10-27-2020]
No person, persons, group or organization shall
engage in the business of a transient vendor or conduct or maintain
a transient or temporary business until such person(s) shall make
application to the Select Board and receive from the Select Board
a license to conduct the business. The Select Board shall, prior to
issuing said license, make such investigation or inquiry as they may
deem necessary and shall determine whether the transient or temporary
business for which a license is sought would be beneficial to the
best interest of the Town of Nantucket and its inhabitants and, in
so determining, shall consider the financial responsibility of the
applicant, the place where the applicant proposes to conduct his business
and the effect that said business would have on the neighborhood properties,
vehicular and pedestrian traffic and the safety of the persons in
the vicinity. The Select Board may require the filing of a bond in
an amount deemed by the Select Board to be sufficient to protect the
interest of the Town of Nantucket.
[Amended 6-25-2020 ATM by Art. 70, approved 10-27-2020]
In addition to the foregoing, the Select Board
may, from time to time, set such fees for said license as the Select
Board shall deem proper and establish such further terms for the license
and its use as the Select Board shall deem necessary.
[Amended 4-8-2008ATM by Art. 66, approved 8-18-2008; 6-25-2020 ATM by Art. 70, approved 10-27-2020]
Nothing contained herein shall prohibit the sale from trucks or stalls of vegetables, fruits and flowers grown locally by the owner of the farm or premises where such vegetables, fruits or flowers are grown or of fish and shellfish taken by a transient vendor, except, however, no transient vendor shall participate in any open-air market, farmers’ market or other planned, organized or impromptu group sale, exhibition or event, and none shall be permitted, unless first licensed by the Select Board consistent with § 107-2 above.
Any person who violates this Article shall be
fined a sum not to exceed $50 for each offense.
[Adopted 4-8-1980 ATM by Art. 37, approved
4-14-1981]
There shall be no door-to-door solicitation
in the Town of Nantucket by any person other than a bona fide agent
of a recognized religious, charitable or nonprofit public service
organization, without such person having first registered his true
name and address with the Chief of Police and having stated fully
the true purposes and duration of such solicitation. Upon such representation,
the Chief of Police shall issue a permit stating that such person
has so registered and is entitled to solicit for the purposes specified.
Any person who shall violate this article shall
be punished by a fine of not more than $200 for each offense.
