[HISTORY: Adopted by the Annual Town Meeting
of the Town of Stoughton 4-30-1984, Art. 43. Amendments
noted where applicable.]
It shall be unlawful for any person to engage
in the business of peddler, solicitor or canvasser, distributor or
transient vendor, as defined in this chapter, within the Town of Stoughton
without first obtaining a permit and license therefor as provided
herein.
As used in this chapter, the following terms
shall have the meanings indicated:
Any person who distributes or causes to be distributed on
any street or public place within the Town of Stoughton any newspaper,
periodical, book, magazine, handbill, circular, card or pamphlet or
printed material of any kind.
Any person, whether a resident of the Town of Stoughton or
not, who goes from house to house, from place to place or from street
to street, traveling by foot, automotive vehicle or any other type
of conveyance, carrying or transporting merchandise for the purpose
of selling and delivering merchandise to customers. The word "peddler"
shall also include the words "hawker" and "huckster."
Any individual, firm, partnership, corporation, unincorporated
association and principal or agent thereof.
Any person, whether a resident of the Town of Stoughton or
not, who goes from house to house, from place to place or from street
to street, traveling by foot, automotive vehicle or any other type
of conveyance, soliciting, taking or attempting to take orders for
the sale of merchandise or services of any kind for future performance
or delivery, whether or not such individual has, carries or exposes
for sale a sample of the merchandise or services and whether or not
he is collecting advance payments on such sales or orders; or one
who engages in any of the foregoing activities from a stationary location
on any street or other public place. The word "solicitor" shall also
include the word "canvasser" and shall also include any person who
goes from door to door as described above for the purpose of soliciting
or collecting funds from a stationary location on any street or other
public place.
Any person, whether as owner, agent, consignee or employee
and whether a resident of the Town of Stoughton or not, who engages
in a temporary business of selling and delivering goods, wares and
merchandise within said Town and who, in furtherance of such purpose,
hires, leases, uses or occupies any building, structure, motor vehicle,
tent, car, boat, public rooms in hotels, lodging houses, apartments,
shops or any street, alley or other place within the Town for the
exhibition and sale of such goods, wares and merchandise, either privately
or at public auction. The person so engaged shall not be relieved
from complying with the provisions of this chapter merely by reason
of associating temporarily with any local dealer, trader, merchant
or auctioneer, or by conducting such transient business in connection
with, as a part of or in the name of any local dealer, trader, merchant
or auctioneer.
A.
Application information. Applicants for a permit and
license under this chapter must file with the Town Clerk a sworn application
in writing, on a form to be furnished by the Town Clerk, which shall
give the following information:
(1)
Name, date of birth and description of the applicant.
(2)
Permanent home address.
(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)
If a vehicle is to be used, a description of same,
together with the license number or other means of identification.
(7)
One photograph of the applicant, taken within 60 days
immediately prior to the date of filing of the application, which
picture shall be two inches by two inches, showing the head and shoulders
of the applicant in a clear and distinguishing manner.
(8)
If food, ice cream, fish, produce, beverages or other
edible products to be consumed by the public are to be vended, sold
or conveyed, a certificate or report from the Town of Stoughton Food
and Milk Inspector must be submitted.
(9)
The license number and date of issuance of any transient
vendor or peddler license issued by the Commonwealth of Massachusetts
pursuant to the provisions of MGL c. 101, §§ 3 and
22.
B.
Application fees. At the time of filing the application, a nonrefundable fee, set from time to time in accordance with § 96-1 of the Bylaws, shall be paid to the Town Clerk to cover the cost of forms preparation and review.
[Amended 5-6-2019 ATM,
Art. 38]
C.
Separate application. Each corporation, firm, partnership
or company employing more than one peddler, solicitor or transient
vendor as defined in this chapter shall be required to make application
for each person so employed within the Town of Stoughton.
A.
Upon receipt of each such application, the Town Clerk
shall cause said application with all supporting documents to be reviewed
by at least two members of the Board of Selectmen, who shall endorse
their approval on said application and return same to the Town Clerk
with all supporting documents, with the Town Clerk, upon receipt of
the prescribed license fee, to issue a license.
B.
Such license shall contain the following:
(1)
The signature of the Town Clerk or Assistant Town
Clerk.
(2)
The Seal of the Town of Stoughton.
(3)
The name and address of said licensee.
(4)
The class of license issued.
(5)
The kind of goods sold thereunder.
(6)
The amount of fee paid.
(7)
The date of issuance.
(8)
The length of time same shall be operative.
(9)
A description of the applicant, including his photograph,
as well as the license number and other identifying description of
any vehicle to be used by the licensee.
C.
The Town Clerk shall keep a permanent record of all
licenses issued.
Any applicant refused a license by the reviewing
members of the Board of Selectmen may apply in writing to said Board
for hearing on his application before the entire Board.
[Amended 5-6-2019 ATM,
Art. 38]
A.
A license shall be issued for a term expiring December 31 of the year in which it is issued, and the fee therefor shall be set from time to time in accordance with § 96-1 of the Bylaws, payable upon issuance of the license, such license to be valid only between the hours 9:00 a.m. and 5:00 p.m. daily, unless otherwise specifically authorized by the Board of Selectmen.
B.
Corporations, firms, partnerships and companies employing more than one peddler, solicitor, or transient vendor as defined in this chapter shall be subject to a license fee, set from time to time in accordance with § 96-1 of the Bylaws, and for each such additional person so employed in the Town of Stoughton.
A.
A special holiday license may be granted for a period of not more than one week, including Saturday and Sunday, with the fee for such special holiday license to be set from time to time in accordance with § 96-1 of the Bylaws, with such license issued to be valid only for the dates and times denoted on said special license. The Town Clerk, in granting such special holiday licenses, may waive the application requirements and may, if the license is granted in regard to a specific parade, speech, opening or similar event with hours later than 5:00 p.m., endorse such license for use after 5:00 p.m. on specified days for use in conjunction with such event.
[Amended 5-6-2019 ATM,
Art. 38]
B.
The Town Clerk, under such conditions as the Board
of Selectmen may deem proper, may grant to any organization engaged
exclusively in charitable work, or to a post of any incorporated organization
of veterans who served in the military or naval service of the United
States in time of war or insurrection, a special license authorizing
it, upon a particular day and for a charitable purpose named in such
license, to sell, through its accredited agents in the streets and
other public places within the Town of Stoughton or in any designated
part thereof, flags, badges, medals, buttons, flowers, souvenirs and
similar small articles, provided that no person under 16 years of
age shall be accredited as such agent, that each agent shall wear
in plain sight while engaged in selling such articles a badge, provided
by such organization or post and reviewed by two members of the Board
of Selectmen, bearing upon it the name of such organization or post
and the date on which the license is to be exercised, and that no
such agent shall be authorized to make or attempt to make such sales
on or in front of any private premises against the objection of the
owner or occupant thereof.
No license issued under the provisions of this
chapter shall be used at any time by any person other than the one
to whom it was issued.
No licensee nor any person on his behalf shall
shout, make an outcry, blow a horn, ring a bell or use any sound device,
including any loud-speaking radio or sound-amplifying system, upon
any of the streets, alleys, parks or other public places of said Town
or upon any private premises in said Town where sound of sufficient
volume is emitted or produced therefrom to be capable of being plainly
heard upon the streets, avenues, alleys, parks or other public places
for the purposes of attracting attention to any goods, wares or merchandise
which such licensee proposes to sell. However, nothing contained in
this section shall apply to the ringing of those small bells that
are normally affixed and associated with ice cream vendor carts and
vehicles by vendors of ice cream products.
A.
No peddler shall have an exclusive right to any location
in the public streets, nor shall he be permitted a stationary location,
nor shall be permitted to operate in any congested area where his
operations might impede or inconvenience the public. For the purposes
of this chapter, the judgment of a police officer, exercised in good
faith, shall be deemed conclusive as to whether the area is congested
or the public impeded or inconvenienced.
B.
The issuance of a license will not constitute permission to peddle within 250 feet of any school, or municipal building, church or house of worship, playground or public park, public ballfield, except in regard to events referred to in § 140-7 of this chapter, in which case the Clerk may endorse the permit to permit use at such locations.
Licensees are required to exhibit their licenses
by enclosing same in a glassine or plastic transparent frame and affixing
same to the cart or wagon from which the merchandise is vended or
sold so that the same is visible to the public. Where impractical
to affix said license, it must be carried by the licensee, who shall
be required to exhibit same at the request of any citizen.
A.
Permits and licenses issued under the provisions of
this chapter may be revoked by the Board of Selectmen of the Town
of Stoughton after notice and public hearing, for any violation of
any local law, state or federal statute or falsification in applying
for a license.
B.
Notice of 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 the hearing.
Nothing herein contained shall apply to:
A.
Sales by commercial travelers or by selling agents
to dealers in the usual course of business or to bona fide sales of
goods, wares or merchandise by sample for future delivery or to sales
of goods, wares or merchandise by any domestic corporation or agent
thereof, by any person, whether principal or agent, who engages in
temporary or transient business in the Town of Stoughton in which
taxes have been assessed upon his stock trade during the current year.
B.
Wholesalers or jobbers selling to dealers only nor
to commercial agents or other persons selling by sample, lists, catalogs
or otherwise for future delivery, nor to any dealer regularly engaged
in supplying customers with fuel oil for heating or cooking purposes
from a fixed business within the commonwealth, nor to any person who
peddles fish obtained by his own labor or that of his family, or fruits,
vegetables or other farm products raised or produced by himself or
his family.
C.
Minors 18 years of age or under engaged in such services
as snow shoveling, grass cutting, leaf raking, lawn clearing, newspaper
and magazine delivering, and collecting and other similar services
as an independent contractor.
D.
Religious and nonprofit organizations recognized by
the Commonwealth of Massachusetts canvassing and soliciting funds
door-to-door in residential neighborhoods.
[Added 4-27-1987 ATM, Art. 82]
