[HISTORY: Adopted by the City Council of the City of Lowell 4-26-1988 as Ch. 11, Art. V of the 1988 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Advertising — See Ch. 91.
Hawkers and peddlers — See Ch. 167.
As used in this chapter, the following terms shall have the meanings indicated:
CANVASSER or SOLICITOR
Any individual, whether a resident of the City or not, traveling either by foot, wagon, automobile, motor truck or any other type of conveyance, from place to place, from house to house or from street to street, taking or attempting to take orders for the sale of goods, wares and merchandise, personal property of any nature whatsoever for future delivery or for services to be furnished or performed in the future, whether or not such individual has, carries or exposes for sale a sample of the subject of such sale, or whether he is collecting advance payments on such sales or not, provided that such definition shall include any person who, for himself or for another person, firm or corporation, hires, leases, uses or occupies any building, structure, tent, railroad boxcar, boat, hotel room, motel room, lodging house, apartment, shop or any other place within the City for the sole purpose of exhibiting samples and taking orders for future delivery.
It shall be unlawful for any solicitor or canvasser to engage in such business within the corporate limits of the City without first obtaining a license therefor in compliance with the provisions of this chapter.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
It shall be unlawful for any person to go in or upon private residences in the City for the purpose of distributing advertising material of a commercial nature, not having been requested in writing to do so by the owner or occupant of such private residence. The foregoing provision shall not apply to the distribution of advertising material by any charitable organization, newspaper, nonprofit organization or the United States Postal Service.
[1]
Editor's Note: See also Ch. 91, Advertising.
A. 
Applicants for a license under this chapter must file with the City Clerk a sworn application in writing, in duplicate, on a form to be furnished by the City Clerk, which shall give the following information:[1]
(1) 
Name and description of the applicant.
(2) 
Permanent home address and full local address of the applicant.
(3) 
A brief description of the nature of the business and the goods to be sold.
(4) 
If employed, the name and address of the employer, together with credentials establishing the exact relationship.
(5) 
The length of time for which the right to do business is desired.
(6) 
The place where the goods or property proposed to be sold, or orders taken for the sale thereof, are manufactured or produced, where such goods or products are located at the time such application is filed and the proposed method of delivery.
(7) 
The names of at least two reliable property owners of the county who will certify as to the applicant's good character and business respectability or, in lieu of the names of references, such other available evidence as to the good character and business responsibility of the applicant as will enable an investigator to properly evaluate such character and business responsibility.
(8) 
A statement as to whether or not the applicant has been convicted of any crime, misdemeanor or violation of any municipal ordinance, the nature of the offense and the punishment or penalty assessed therefor.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
B. 
At the time of filing the application, a fee as provided in Chapter 150, Fees, shall be paid to the City Clerk to cover the cost of investigation of the facts stated therein.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
A. 
Upon receipt of a license application under this chapter, the original shall be referred to the Superintendent of Police, who shall cause an investigation of the applicant to determine the following facts:
(1) 
Whether or not fraud, misrepresentation or false statements have been made in the application for license.
(2) 
Whether or not the applicant has been convicted of any crime or misdemeanor involving moral turpitude.
B. 
If, as a result of such investigation, the Superintendent of Police shall find that either Subsection A(1) or (2) is answered in the affirmative, he shall endorse on such application his disapproval and his reasons therefor and return the same to the City Clerk, who shall notify the applicant that his application is disapproved and that no license will be issued.
C. 
If, as a result of such investigation, the character and business responsibility of the applicant are found to be satisfactory, the Superintendent of Police shall endorse on the application his approval, execute a license addressed to the applicant for the carrying on of the business applied for and return such license along with the application to the City Clerk, who shall, upon payment of the prescribed license fee, deliver to the applicant his license and issue a license. Such license shall contain the signature and seal of the issuing officer and shall show the name and address of the licensee, the class of license issued, the kind of goods to be sold thereunder, the amount of fee paid, the date of issuance and the length of time the same shall be operative, as well as the license number and other identifying description of any vehicle used in such soliciting or canvassing. The Clerk shall keep a permanent record of all licenses issued.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
A. 
The license fee which shall be charged by the City Clerk for a license under this chapter shall be as provided in Chapter 150, Fees.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
B. 
The annual fees herein provided shall be assessed on a calendar-year basis, and on or after July 1 the amount of such fee for an annual license shall be 1/2 the amount stipulated above for the remainder of the year.
C. 
None of the license fees provided by this section shall be so applied as to occasion an undue burden upon interstate commerce. In any case a license fee is believed by a licensee or applicant for license to place an undue burden upon such commerce, he may apply to the City Clerk for an adjustment of the fee so that it shall not be discriminatory, unreasonable or unfair as to such commerce. Such application may be made before, at or within six months after payment of the prescribed license fee. The applicant shall, by affidavit and supporting testimony, show his method of business and the gross volume or estimated gross volume of business and such other information as the City Clerk may deem necessary in order to determine the extent, if any, of such undue burden on such commerce. The City Clerk shall then conduct an investigation, comparing the applicant's business with other businesses of like nature, and shall make findings of fact from which he shall determine whether the fee fixed by this section is unfair, unreasonable or discriminatory as to the applicant's business and shall fix as the license fee for the applicant an amount that is fair, reasonable and nondiscriminatory or, if the fee has already been paid, shall order a refund of the amount over and above the fee so fixed. In fixing the fee to be charged, the City Clerk shall have the power to base the fee upon a percentage of gross sales or any other method which will assure that the fee assessed shall be uniform with that assessed on business of like nature, so long as the amount assessed does not exceed the fees as prescribed by Subsection A of this section. Should the City Clerk determine the gross sales measure of the fee to be the fair basis, he may require the applicant to submit, either at the time of termination of applicant's business in the City or at the end of each three-month period, a sworn statement of the gross sales and pay the amount of fee therefor, provided that no additional fee during any one calendar year shall be required after the licensee shall have paid an amount equal to the annual license fee as prescribed in Subsection A of this section.
Every applicant for a license under this chapter shall file with the City Clerk a surety bond running to the City in the amount of $1,000 with surety acceptable to and approved by the City Solicitor, conditioned that such applicant shall comply fully with all the provisions of the ordinances of the City and the statutes of the commonwealth regulating and concerning the business of solicitor and guaranteeing to any citizen of the City that all money paid as a down payment will be accounted for and applied according to the representations of the solicitor, and further guaranteeing to any citizen of the City doing business with such solicitor that the property purchased will be delivered according to the representations of such solicitor. Action on such bond may be brought in the name of the City to the use or benefit of the aggrieved person.
It shall be the duty of any police officer of the City to require any person seen soliciting or canvassing, and who is not known by such officer to be duly licensed, to produce his solicitor's or canvasser's license and to enforce the provisions of this chapter against any person found to be violating the same.
The Superintendent of Police shall report to the City Clerk all convictions for violation of this chapter, and the City Clerk shall maintain a record for each license issued and record the reports of violation therein.
A. 
Licenses issued under the provisions of this chapter may be revoked by the City Clerk after notice and hearing for any of the following causes:[1]
(1) 
Fraud, misrepresentation or false statement contained in the application for license.
(2) 
Fraud, misrepresentation or false statement made in the course of carrying on his business as solicitor or as canvasser.
(3) 
Any violation of this chapter.
(4) 
Conviction of any crime or misdemeanor involving moral turpitude.
(5) 
Conducting the business of soliciting or canvassing in an unlawful manner or in such a manner as to constitute a breach of the peace or a menace to the health, safety or general welfare of the public.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
B. 
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. Such notice shall be mailed, postage prepaid, to the licensee at his last known address at least five days prior to the date set for hearing.
Any person aggrieved by the action of the Superintendent of Police or the City Clerk in the denial of a license as provided in § 125-5, or the action of the City Clerk in the assessing of the fee as provided in § 125-6C, shall have the right of appeal to the City Council. Such appeal shall be taken by filing with the 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 Council shall set a time and place for a hearing on the appeal, and notice of such hearing shall be given to the appellant in the same manner as provided in § 125-11 for notice of hearing on revocation. The decision and order of the Council on such appeal shall be final and conclusive.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
All annual licenses issued under the provisions of this chapter shall expire on December 31 in the year when issued; other than annual licenses shall expire on the date specified in the license.